Delegate Sung A Lenh commented on the draft Law on Notarization.

On the afternoon of June 17, the 7th Session of the 15th National Assembly continued working with the discussion session in groups. At Discussion Group No. 5, Comrade Sung A Lenh, Deputy Head of the National Assembly Delegation of Lao Cai Province, gave a speech on the Draft Law on Notarization (amended).

Delegate Sung A Lenh spoke on the afternoon of June 17.

Delegate Sung A Lenh said that in recent years, the Party and State have promoted administrative reform, judicial reform, innovation, and improvement of the quality of judicial activities, including the notary field, in the direction of continuing to perfect the resource mobilization mechanism to socialize and develop notary fields.

Typically, Resolution No. 49-NQ/TW in 2005 of the Politburo , Resolution No. 18-NQ/TW in 2017 of the Party Central Committee, Resolution No. 19-NQ/TW in 2017 of the Party Central Committee, Resolution No. 27-NQ/TW on continuing to build and perfect the Socialist Republic of Vietnam's rule of law state in the new period and other relevant legal documents clearly and consistently demonstrate this orientation.

Delegate group number 5 at the discussion session on the afternoon of June 17.

After more than 8 years of implementing the Notary Law (Law 2014), it has been shown that, in addition to the achieved results, the actual implementation has revealed a number of limitations and shortcomings that need to be overcome. These include: the quality of the notary team is not uniform, a number of notaries are still limited in terms of professional qualifications, low professionalism; there are still violations of the law, violations of professional ethics, unfair competition... Therefore, according to delegate Sung A Lenh, the completion and supplementation of the Notary Law (amended) is extremely necessary.

The Deputy Head of the National Assembly Delegation of Lao Cai province said that in terms of consistency, some provisions of the Notary Law, the Civil Code, the Land Law... are still inconsistent or do not have implementation instructions, so the implementation process still faces many difficulties and obstacles.

Earlier, in the early afternoon of June 17, the Session heard representatives of the Ministry of Justice, the Ministry of Finance, the Law Committee, and the Finance and Budget Committee of the National Assembly present draft laws related to the session.

Delegate Sung A Lenh cited that the Civil Code stipulates the statute of limitations for requesting inheritance division, however, up to now there have been no implementation guidelines, so notary organizations are confused in notarizing matters related to inheritance. The Civil Code stipulates cases of unilateral termination of contracts and transactions, however, the current Notary Law only stipulates the notarization of cancellation of contracts and transactions in cases where the parties have a written agreement on the cancellation of contracts and transactions.

Regulations on the effective date of contracts are not yet consistent between the Notary Law, the Civil Code, the Land Law, etc. Specifically: The Notary Law stipulates that notarized documents take effect from the date they are signed by the notary and stamped by the notary practice organization; meanwhile, the Civil Code and the Land Law stipulate that the effective date of some contracts and transactions that must be notarized takes effect from the date of registration, which affects the value of notarized documents according to the provisions of the Notary Law.

Regarding the revocation of the decision to allow the establishment of a notary representative office (Article 31), delegate Sung A Lenh pointed out that Clause 2 states: “In case the notary office has only 1 notary partner left because the remaining notary partner dies, is declared dead by the court, is expelled from the notary office or is dismissed from the notary position, it must add at least 1 new notary partner within 6 months. After this period, if the notary office has not added a notary partner, the decision to allow the establishment will be revoked.” The delegate suggested that the Drafting Committee clearly stipulate the addition of at least 1 new notary partner within 6 months, from what point in time, to implement uniformly, avoiding the case where each locality implements differently.

Regarding the right to organize notary practice (Article 3), delegate Sung A Lenh suggested that the Drafting Committee consider adding Clause 6 on “Working relationship between notary offices and notary offices with relevant agencies and units”. The reason is to facilitate notaries in verifying the content and nature of notary cases that are being archived and managed at other agencies and units.

National Assembly delegates at the afternoon session on June 17, 2024.

Delegate Sung A Lenh also participated in Article 58 on “Receiving and announcing the will to be kept”. The delegate pointed out that Clause 3 of the draft law states: “The notary opens the seal of the will in the presence of the heirs, announces the contents of the will to the heirs, sends a copy of the will to all relevant parties, and delivers the original will to the heirs”. The delegate proposed to add the word “person” and rewrite: “The notary opens the seal of the will in the presence of the heirs, announces the contents of the will to the heirs, sends a copy of the will to all relevant parties , and delivers the original will to the heirs”.

Source: https://baolaocai.vn/dai-bieu-sung-a-lenh-tham-gia-y-kien-vao-du-thao-luat-cong-chung-post385495.html