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Continuing the program of the First Session of the 16th National Assembly, on the morning of April 11, under the direction of Vice Chairman of the National Assembly Nguyen Khac Dinh, the National Assembly worked at the Hall, discussing the Law project amending and supplementing a number of articles of the Notary Law. Download Discussion session at the hall on the morning of April 11 - Photo: VGP/Nhat BacNeed more flexibility with notarization in real estate transactionsDiscussing at the hall on the Law Project amending and supplementing a number of articles of the Notary Law, many National Assembly delegates focused on commenting on the scope of transactions requiring notarization, especially real estate transactions. Opinions say that the draft law needs to be more specific and transparent, avoiding qualitative expressions that lead to inconsistent application; At the same time, it is necessary to harmonize legal safety requirements with the goal of creating convenience and reducing costs for people and businesses. Delegate Nguyen Dai Thang (Hung Yen delegation) said that the current regulations on transactions requiring notarization are still general and qualitative, especially the expression of transactions of an important nature, requiring strict transaction participation conditions and a high level of legal safety. According to the delegate, such a regulation has not been quantified by specific legal criteria. The delegate emphasized that if this regulation is kept, the scope of notarization may be arbitrarily expanded during the implementation process, leading to different interpretations between localities, thereby reducing the clarity, transparency and stability of the law. Based on international practice and experience, the delegate requested the drafting agency to study and remove qualitative regulations, and at the same time clearly identify in the law the specific types of transactions that must be notarized, especially transactions of great value and There are many potential risks such as real estate, inheritance, and businesses. Going straight to the practice of real estate transactions, delegate Nguyen Minh Tuan (Phu Tho Provincial National Assembly Delegation) said that the content people are currently particularly interested in is real estate notarization. According to the delegate, many problems are arising in this field in practice, so this revision of the law needs to create conditions for transactions to be more convenient and more effective. The delegate expressed the opinion that it should not be regulated in the direction that all real estate transactions are required to be notarized. According to the delegate, there needs to be more flexibility: Some types of contracts should be notarized, while others can be left to people to choose according to their needs. The delegate also raised the issue of clarifying the nature of notary activities in real estate transactions, whether it is notarization of form or content, and if the transaction shows signs of violations, such as tax evasion, then how responsible the notary is. From there, the delegates suggested that the drafting committee continue to research in a more flexible direction, suitable for each specific type of contract. Delegate Nguyen Truong Giang (Lam Dong Delegation) suggested expanding notarization authority without dividing it by district and that when notaries do not have enough information, they have the right to refuse to notarize transaction contracts related to real estate. Download Delegate Nguyen Dai Thang gave his opinion at the Conference Hall - Photo: VGP/Nhat Bac Be cautious with electronic transactions to control legal risks. At the conference room discussion session on the draft Law amending and supplementing a number of articles of the Law on Notarization, Minister of Justice Hoang Thanh Tung made specific explanations to clarify issues about the scope of mandatory transactions, jurisdiction and electronic notarization roadmap. Regarding the scope of mandatory transactions, Notarized provisions in Article 3, the Minister said that the drafting agency had studied and received delegates opinions in the direction of making the criteria transparent, avoiding arbitrary expansion. Currently, the Ministry of Justice is synthesizing regulations from specialized laws to publicly announce this list on the Ministrys Electronic Information Portal. Notably, this draft law aims to narrow the scope of transactions that must be notarized instead of expanding it. The government proposes to reduce the current 22 types of mandatory transactions to 16 types. At the same time, these transactions will only be regulated in law, not in Government decrees. This adjustment is intended to ensure strictness, reduce administrative procedures, and help people and businesses save costs and time. Explaining the authority to notarize real estate transactions according to province and city (Article 44), the Minister affirmed that this regulation is still necessary. In the context that the nationwide centralized notary database is in the process of being built and has not yet been fully connected, maintaining the district helps notaries to best check the actual assets and authenticate identities, thereby preventing fraud and scams against this type of high-value asset. However, the draft law has introduced an important reform step of narrowing the scope of the district. District jurisdiction will only apply to direct transactions involving real estate. Indirect transactions such as authorization contracts and transfer of real estate purchase and sale contracts will no longer be bound by administrative boundaries but can beTo perform at any notary practice organization nationwide. When the national interconnected database system is completed, the Government will consider completely abolishing regulations on districts. Download Minister of Justice Hoang Thanh Tung further explains and clarifies the draft Law amending and supp
