On the afternoon of August 28, under the chairmanship of National Assembly Chairman Tran Thanh Man, a conference of National Assembly deputies held a specialized meeting to discuss the Notary Law (amended) project .
National Assembly delegate Nguyen Thi Thu Ha (Quang Ninh Doan) said that Clause 1, Article 8 of the draft law stipulates that the age for appointment of notaries is no more than 70 years old. It is not really appropriate for a notary public to be relieved of duty when he or she is over 70 years old.
Therefore, it is recommended that the drafting agency research and consider whether to stipulate that the age of appointment and the age of dismissal should have a delay of a certain period of time, to ensure the practice of notaries after being appointed. appointment, avoid wasting material and training resources.
The delegate of Quang Ninh Youth Union said that it is possible to propose a regulation that the age for appointment of notaries is no more than 65 years old.
Also according to the delegate, it is necessary to regulate the case of notarization outside the headquarters when there is a request for notarization from the elderly, weak, unable to walk, people who are detained, detained, or serving prison sentences. necessary and appropriate.
However, in the case of "or there is another legitimate reason for not being able to come to the headquarters" is not strict and can lead to legal policies being abused, applied arbitrarily or applied inconsistently in localities. each locality and unit.
The delegate requested the drafting agency to research to clearly stipulate that notarization outside the office is different from taking signatures outside the office.
Because according to the delegate, notarization is a process that includes: receiving documents, checking documents, drafting notarized documents, getting the signature of the person requesting notarization, the notary drafting the testimony, Sign notarized documents, stamp, pay money, issue invoices.
Therefore, the notary location must be at the headquarters of the notary practice organization according to Clause 1, Article 43. Obtaining the signature of the person requesting notarization can be done outside the headquarters as prescribed in Clause 2, Article 43. 43 draft laws.
Regarding the types of transactions that must be notarized, delegate Nguyen Minh Tam (Quang Binh Doan) said that there are suggestions to add to the draft law regulations on types of transactions that must be notarized.
At the same time, many opinions suggest keeping the provisions of the draft law submitted by the Government on the basis of inheriting the current Notary Law by not specifically regulating the types of transactions that must be notarized.
Through research, delegates found that the Law on Notarization is a formal law that only focuses on regulating the order and procedures for notarization, but for any type of transaction that must be notarized, the content law regulates the field. specified by that area.
Currently, a number of substantive laws have also clearly demonstrated this principle such as the Land Law 2024 (in Clause 3, Article 27), the Housing Law (in Article 164), and the Law on Real Estate Business (in Clauses 4 and 5). , 6 Article 44).
If an article is added to this draft law regulating transactions that must be notarized, it will still not overcome the problem that the scope of notarization is still regulated in both the Notary Law and other documents. other.
Thus, it is most appropriate to stipulate the scope of transactions that must be notarized in substantive laws.
