Notaries should retire at 70: experts

March 20,union berlin – bochum 2024 - 17:50 Your browser does not support the audio element. The HCM City delegation of National Assembly deputies offered numerous proposals and opinions on a draft of the amended Law on Notarisation to improve the quality of notarisation activities, such as more regulations on the age of notaries.

The HCM City delegation of National Assembly deputies organised a conference on March 19 to give opinions on a draft of the amended Law on Notarisation. — Photo sggp.org.vn

HCM CITY — The HCM City delegation of National Assembly deputies offered numerous proposals and opinions on a draft of the amended Law on Notarisation to improve the quality of notarisation activities, such as more regulations on the age of notaries.

During the conference on March 19 in HCM City, the deputies evaluated that the draft Law on Notarisation (amended) is a solution to deal with certain limitations and difficulties encountered during the implementation of the 2014 Law on Notarisation over the past eight years.

However, there are still issues.

Regarding foreign documents that can be recognised and used in Việt Nam, National Assembly deputy Nguyễn Thị Lệ, deputy secretary of HCM City Party Committee, chairwoman of HCM City People's Council, said that regulations regarding notarisation of documents for consular legalisation have not been effectively implemented in practice, she said.

Lệ proposed that the draft law should detail the conditions and types of documents that need to undergo translation when notarised.

The current draft Law on Notarisation (amended) sets the retirement age for notaries at 70.

It also allows notaries over 70 who are working at the time this law takes effect to continue working for a maximum of two years.

This does not ensure that notarisation activities are carried out accurately and professionally, she said.

According to the deputies, notarisation activities demand a high level of transaction authenticity, which presents challenging conditions regarding the health and mental acuity of elderly notaries public.

International regulations typically impose strict regulations on the age of notaries public, hence the necessity for setting limits on the age of notaries.

Lệ proposed that notaries public over 70 must obtain a health certificate from healthcare organisations to assess their mental capabilities for practicing notarisation for a maximum of two years from the effective date of this law.

Meanwhile, a representative from the HCM City Department of Justice said the 2019 Labour Code set the retirement age for workers under normal working conditions at 62 for male by 2028 and 60 for female by 2035.

Therefore, the Department of Justice recommends the age for the first time appointment of notary publics should not exceed 65, and the age for practising notarisation should not exceed 70.

Regarding e-notary, some deputies proposed that relevant authorities should look into drafting regulations for implementing e-notary services locally, allowing notarisation offices to choose to provide e-notary services, and citizens to choose between traditional notarisation and e-notary services.

Notarisation offices providing e-notary services will need to meet specified conditions and register with the Department of Justice where they operate.

Regarding e-notary service procedures, some deputies said that Việt Nam's technological platform and connectivity among related databases had many limitations.

Moreover, Việt Nam has yet to implement e-notary services, and cannot assess their effectiveness, advantages and limitations.

Therefore, the deputies suggested focusing on developing and promoting traditional notarisation services before implementing regulations on e-notary services. — VNS