The Ministry of Justice has received and explained feedback from National Assembly delegates regarding the project to amend and supplement several articles of the Notarization Law. This revised law is expected to pass during the second phase of the session from 20-23/4. A key aspect of the proposal is narrowing the scope of mandatory notarized transactions, a move designed to facilitate citizens and businesses.
The six transactions slated for removal from mandatory notarization are:
1. An authorization document from a person named in a housing lease contract who has emigrated, allowing another person to purchase public housing assets in their name.
2. A contract for transferring real estate business contracts.
3. An agreement document among members with shared land use rights when contributing capital to an enterprise.
4. An authorization document for resolving enforcement of judgments related to assets when the judgment debtor has emigrated.
5. An authorization document for exercising the right to lodge a complaint.
6. A contract for transferring a Bailiff's Office.
The Ministry of Justice explained that reducing mandatory notarized transactions aims to cut legal compliance costs. It also seeks to encourage citizens to proactively choose notarization when necessary, thereby simplifying administrative procedures and supporting socio-economic development.
However, during discussions, some delegates argued that the draft does not clearly define the criteria for mandatory notarized transactions. They also highlighted that the same transaction content is often regulated by various laws, causing implementation difficulties.
According to the drafting agency, transactions requiring notarization are those demanding strict participation conditions. Participants must possess appropriate civil legal capacity, civil act capacity, and act entirely voluntarily.
Specific conditions are also set for each type of transaction. For example, transferring rice cultivation land must comply with regulations and not exceed limits without an approved plan, and economic organizations must have an approved land use plan. Assets, rights, and transaction content must be legal, not violate legal prohibitions, and not be contrary to social ethics.
The draft also clarifies the principle of avoiding overlap with other laws. The Notarization Law will only stipulate general principles, while specific transactions requiring notarization will be regulated by specialized laws such as the Land Law and Housing Law. This approach aims to limit the widespread expansion of mandatory notarized transactions.
Son Ha
