This afternoon (October 25), the National Assembly discussed the draft Law on Notarization (amended).
Giving opinions on the age limit for practicing as a notary, delegate Nguyen Thi Thu Nguyet (Dak Lak Delegation) said that this regulation has been evaluated in many ways, both negative and positive.
According to the delegate, looking at the reality and current situation, the number of notaries over 60 years old in each locality nationwide is very low, at about 10.4%.
Furthermore, through the practice of notary public, it is shown that the mistakes of this force are few. On the other hand, this age restriction is not similar to the age of practice of other judicial positions, such as lawyers, bailiffs, administrators, auctioneers, etc.
The regulation on the maximum age for practicing notaries in the draft law is applied according to Decision 118 of the Secretariat promulgating the Regulation on the organization and operation of mass associations assigned by the Party and the State at the Central level. However, National Assembly deputies noted that notarization is a profession, not an organization.
Therefore, notaries are required to have high professional qualifications, compete fiercely through examinations, be selected through appointments, and practice full-time. Therefore, National Assembly delegates believe that limiting the age of notaries will waste social resources and limit the freedom of practice of notaries...
"I propose that the Drafting Committee thoroughly study this issue, without limiting the age of notary practice, but limiting the age of first-time notary appointment and including conditions such as having a health certificate or being supervised by a notary practice organization" - delegate Nguyen Thi Thu Nguyet expressed her opinion.
Also commenting on this content, delegate Nguyen Minh Tam (Quang Binh Delegation) said that this draft still maintains the same regulations on the age for consideration of appointment of notaries and dismissal of notaries: Appointment must not be over 70 years old; dismissal must be over 70 years old.
"Therefore, to be consistent, appropriate, and ensure feasibility, it is recommended that the drafting committee stipulate that the age difference between appointment and dismissal of notaries should be at least 5 years, so that in cases where notaries are appointed, they will have at least 3-5 years of practice time," said delegate Nguyen Minh Tam.
Delegate Duong Van Phuoc (Quang Nam Delegation) also said that if the age limit for notaries is imposed, it will be "unbalanced" with other judicial positions - those who practice the judiciary but have no age limit for practice.
Notaries must undergo annual health check-ups. If they do not meet health requirements, they will be dismissed according to the provisions of Point a, Clause 2, Article 14 of the draft law.
"We propose that the drafting committee consider not limiting the age of notaries to practice so as not to waste resources and affect the rights of notaries who are partners contributing capital to establish notary offices," said the delegate.
