Proposal to allow notaries to practice until age 70, why?

Speaking to the press, Director of the Department of Judicial Assistance ( Ministry of Justice ) Le Xuan Hong said that the current Notary Law does not stipulate an age limit for practicing notary. The draft Notary Law (amended) includes an age limit of 70 years old to improve the quality of notaries. This is one of the notable new points in the draft Law, when regulating the standards of notaries, Article 8 of the draft Law adds the condition of "not being over 70 years old and ensuring health to practice notary".

Director of the Department of Judicial Assistance (Ministry of Justice) Le Xuan Hong spoke at a regular press conference held by the Ministry of Justice on the afternoon of April 12. Photo: Hong Thai

In order to ensure the stability of notary activities, the Draft Law on Notarization (amended) stipulates that notaries over 70 years old who are practicing notary at the time this Law comes into effect can continue to practice notary for a maximum period of 2 years from the date this Law comes into effect.

This regulation is explained to avoid a sudden reduction in the number of practicing notaries, ensuring there is a transition period to appoint notaries to replace the number of notaries over 70 years old who stop practicing.

“Notarization work requires high levels of authenticity in transaction contracts, thus requiring intellectual capacity and intelligence. Notaries need to ensure health and clarity of mind. The age limit is set to ensure health to undertake the job because notaries are not self-employed but are public services authorized by the state,” shared Le Xuan Hong, Director of the Department of Judicial Assistance.

According to the Director of the Judicial Assistance Department, Le Xuan Hong, currently, notaries in state-owned notary offices retire at the age of 60 or 62. Therefore, the regulation limiting the age of notaries in socialized notary offices to a maximum of 70 years old is also appropriate. The current practicing notaries aged 70 or older account for a small percentage, less than 10%.

“Notarization is a basic public service, not a normal business activity, so even though it is socialized, management must still be strengthened and the quality of notaries improved. The age limit of 70 is also an international practice applied by many countries,” said Le Xuan Hong, Director of the Department of Judicial Assistance.

People come to transact at Trinh Nhu To Notary Office (Ha Dong district)

Previously, at the specialized session on law-making, the National Assembly Standing Committee gave its first opinion on the Draft Law on Notarization (amended).

During the preliminary review of the draft Law, the Standing Committee of the Legal Committee basically agreed with the addition of regulations on the age limit for appointing notaries as prescribed in the draft Law.

However, there are still some other opinions. Accordingly, the Standing Committee of the Nationalities Council proposed to regulate the age limit for notaries to practice notary activities not exceeding 65 years old. The Standing Committee of the Economic Committee proposed to consider regulations on the age limit for notaries to perform notary activities because it could limit the freedom of business of people and enterprises.

In addition, there are opinions that elderly notaries have a lot of knowledge and skills in practicing notary, if the draft Law strictly limits the age of practice, it will cause social waste. This opinion suggests not limiting the age of practice of notaries but rather stipulating health conditions as for medical practitioners in the Law on Medical Examination and Treatment or limiting a certain age of practice but must be over 70 years old.

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