March 2nd, the National Assembly Standing Committee gave opinions on 3 draft Laws including: Law amending and supplementing a number of articles of the Law on Notarization; Law amending and supplementing a number of articles of the Law on Legal Aid; Law on Access to Information (amended).
In which, one of the new points stipulated in the draft law amending and supplementing a number of articles of the Law on Notarization is the use of data to replace paper documents when resolving notarization requests.
According to the draft law, in cases where there are data on information in the components of the notarization request dossier in databases (CSDL) announced by the managing agency of the CSDL that are eligible for exploitation, the notary requester is not required to provide documents containing that information.
Notaries receiving notarization request dossiers exploit and use information already available in the national database and other published databases to consider and resolve notarization request dossiers; do not require the presentation of original documents for comparison according to regulations.
At the meeting, Member of the Party Central Committee, Vice Chairman of the National Assembly Nguyen Khac Dinh said that the newly amended Law on Notarization, but due to changes in the organizational structure, decentralization and delegation of power, and innovation in law-making thinking, it is required to continue to amend it.
Regarding transactions that must be notarized, according to the Vice Chairman of the National Assembly, when amending the law, many opinions suggest that specific regulations must be made in the law. However, if everything is written into the law, it is too much, and when new things appear, the law must be amended again, which is very complicated.
Therefore, the orientation should be to assign the Ministry of Justice to statistically count all transactions that need notarization according to current regulations to be included in the Ministry's database. Later, if there are changes, just update them in that database.
Some delegates suggested that there must also be regulations in the law to move towards narrowing the scope of compulsory notarization transactions and opening up the direction of voluntary notarization.
A developed society should encourage voluntariness, but mandatory must be very limited, and when mandatory, procedures must also be changed" - the Vice Chairman of the National Assembly noted.
He cited that with real estate, contracts must be notarized, with the signatures of spouses and children over 18 years old. But buying an old motorbike for 5-7 million VND, even 3-4 million VND, people really want to transfer ownership.
Going to carry out ownership transfer procedures, they are asked where the contract is, and the contract must be notarized, notarization must have both husband and wife signing. Registering a motorbike also requires both husband and wife to sign, while registering a motorbike only requires one person's name, so is it necessary to notarize it?" - Vice Chairman of the National Assembly raised the issue.
According to the Vice Chairman of the National Assembly, with this issue, it is only necessary for the buyer and seller to report to the police agency about the purchase and sale of the car, the police issue them a new registration, without needing notarization, except in cases where cars of high value are related to taxes.
If this can be removed, it would be good. If notarization is needed, whoever's name is notarized," the Vice Chairman of the National Assembly stated his opinion.
The Vice Chairman of the National Assembly also proposed that this amended law should have regulations in the direction of gradually reducing the level of mandatory notarization, and notarization procedures must also be simple, clear, transparent, and convenient.
This leader emphasized "notarization can be done anywhere", it is not necessary to follow administrative boundaries, like "patients are treated where they are sick, they cannot be forced to return to their hometown for treatment".
