Plan to simplify regulations on notarial practice business in Vietnam

Plan to simplify regulations on notarial practice business in Vietnam (Internet image) 

On January 19, 2024, the Prime Minister issued Decision 87/QD-TTg approving a plan to reduce and simplify regulations related to business activities under the state management of the Ministry of Justice.

Plan to simplify regulations on notarial practice business in Vietnam

Specifically, the plan to reduce and simplify regulations on business lines: notarial practice is regulated as follows:

** REGULATIONS ON ADMINISTRATIVE PROCEDURES:

(1) Administrative Procedure 1: Appointment of Notary (Code 1.000112).

* Content reduced and simplified:

- Remove copies of bachelor's degree, master's degree, doctorates of law, copy certificates of graduation from the notary profession training course.

Reason: Already included in the vocational training/retraining application at the Judicial Academy, no need to resubmit.

- Remove the copy of the certificate of notarial practice probationary examination results.

Reason: The Ministry of Justice is the agency that issues this certificate; there is no need to submit it again.

- Standardize the process of handling administrative procedures in the direction of cutting down intermediaries and unifying one agency to receive and handle administrative procedures, the Ministry of Justice.

Reason: Facilitate individuals/agencies in the process of processing administrative procedure documents and meeting requirements for online administrative procedures.

* Recommendations for implementation:

- Abolish points c and dd, clause 2, Article 12 of the Law on Notarization 2014.

- Amend Article 12 of the Law on Notarization 2014.

Implementation roadmap: 2024–2025.

(2) Administrative Procedure 2: Re-appointment of Notary (Code 1.000100).

* Content reduced and simplified:

- Remove the copy of the Notary's dismissal decision.

Reason: The Ministry of Justice is the issuing agency; there is no need to resubmit.

- Standardize the process of handling administrative procedures in the direction of cutting down intermediaries, unifying one agency to receive and handle administrative procedures, the Ministry of Justice.

Reason: Facilitate individuals/agencies in the process of processing administrative procedure documents and meeting requirements for online administrative procedures.

* Recommendations for implementation:

- Abolish point d, clause 4, Article 16 of the Law on Notarization 2014.

- Amend Article 16 of the Law on Notarization 2014.

Implementation roadmap: 2024–2025.

(3) Administrative procedure 3: Notary public dismissal (in case of dismissal) (code 1.000075).

* Content of reduction and simplification: Standardize the process of handling administrative procedures in the direction of cutting down intermediaries, unifying one agency to receive and handle administrative procedures, the Ministry of Justice.

Reason: Facilitate individuals/agencies in the process of processing administrative procedure documents and meeting requirements for online administrative procedures.

* Recommendation for implementation: Amend Article 15 of the Law on Notarization 2014.

Implementation roadmap: 2024–2025.

** REGULATIONS ON REQUIREMENTS AND CONDITIONS IN BUSINESS ACTIVITIES:

(1) Requirements and conditions 1: notarial practice conditions for individuals: Health assurance to practice notarial practice (code G15.YCDK.00030)

* Content reduction and simplification: eliminate health conditions for notarial practice.

Reason: Notaries will ensure their own health when practicing.

* Recommendation for implementation: Abolish Clause 5 of Article 8 of the Law on Notarization 2014.

Implementation roadmap: 2024–2025.

(2) Requirements and conditions 2: Conditions for notarial practice for individuals: have worked in law for 5 years or more at agencies and organizations after obtaining a bachelor's degree in law (code G15.YCDK.00028).

* Content of reduction and simplification: reduce the time of legal work from 05 years or more at an agency or organization after obtaining a bachelor's degree in law to 03 years.

Reason: To create conditions for notary practitioners.

* Recommendation for implementation: Amend Clause 2, Article 8 of the Law on Notarization 2014.

Implementation roadmap: 2024–2025.

Ho Quoc Tuan

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