Comments on the draft Law amending and supplementing a number of articles of the Law on Notarization and the Law on Property Auction
(Baonghean.vn) - On the morning of May 4, the National Assembly Delegation of Nghe An province held a conference to collect comments on the draft Law amending and supplementing a number of articles of the Law on Notarization and the Law on Property Auction. The conference recorded 11 comments that were close to reality.
The conference was co-chaired by comrade Thai Thi An Chung - Member of the Provincial Party Executive Committee, Deputy Head of the Provincial National Assembly Delegation and comrade Tran Nhat Minh - full-time National Assembly delegate of Nghe An Provincial National Assembly Delegation.
Considerations regarding the notary's age of practice
After more than 8 years of implementing the 2014 Notary Law, it can be affirmed that notary activities have made many new strides. However, the practical implementation of the 2014 Notary Law has also revealed a number of limitations and shortcomings that need to be overcome.
At the conference, Mr. Le Van Lan - Vice President of Nghe An Province Notary Association said that the regulation on the age of notaries not exceeding 70 years old is unfounded. In fact, the team of notaries at the age of 70 are still capable of working well, healthy and clear-minded enough to perform their duties.
Delegate Que Thi Tram Ngoc - Deputy Head of the Ethnic Affairs Committee of the Provincial People's Council also said that many notaries in their 70s are experienced people, so it is necessary to clarify the basis for age regulations, from which to have proposals more suitable to actual conditions.
At the conference, Mr. Vi Van Chat - Deputy Chief Justice of the Provincial People's Court commented on the provision on the time of notarization. According to him, the word "may" should be removed to record the hour and minute, and should be clearly stated: "The time of notarization must be recorded in full including the hour, minute, day, month, and year", to avoid disputes between the parties on the issue of time.
According to Mr. Hoang Quoc Hao - Chairman of Nghe An Province Lawyers Association, in Article 2, Chapter 1 on "Interpretation of terms", it is necessary to supplement and clarify the concept of "certification". In addition, in Article 6, Chapter I stipulates: "The language and script used in notarization is Vietnamese", it is necessary to adjust the word "language" to "language" to suit the context.
In addition, some issues regarding the rights and obligations of notaries, principles of establishing notary practice organizations, registration of notary office activities, etc. were also commented and discussed by delegates.
Proposal to establish an official information channel on property auctions
At the conference, there were also many opinions on the draft Law amending and supplementing a number of articles of the Law on Property Auction. Comrade Tran Dinh Toan - Deputy Head of the Legal Committee of Nghe An Provincial People's Council proposed that it is necessary to stipulate a separate chapter on public property auction, clearly defining the authority and responsibility of state agencies whose properties are auctioned. In addition, it is necessary to stipulate a separate chapter on foreign organizations, individuals, and foreign-invested enterprises participating in the auction of properties on the Vietnamese market.
He also proposed to add to the Law a clear provision that each province and city in the country has a website dedicated to property auctions. Similarly, at the central level, this website should also be established and assigned to the Ministry of Finance to manage and be in charge. This will attract a large number of individuals and organizations who want to learn about and access information on auctioned properties and register to participate in auctions.
At the conference, delegates also requested the Drafting Committee to continue reviewing to ensure that the names of auctioned assets are consistent and accurate with the provisions of specialized laws. In addition, in the context of increasingly popular use of social networks, the Drafting Committee also needs to research and supplement the form of notification on official social networking sites so that people can access accurate and reliable sources of information.
Concluding the conference, Comrade Tran Nhat Minh - full-time National Assembly delegate of Nghe An province highly appreciated the quality comments at the conference. Based on the above comments, the delegation will study, synthesize and ensure that the report of comments from Nghe An province sent to the National Assembly Standing Committee is of quality and timely.