Simplifying administrative procedures under the management of the Ministry of Justice

(Chinhphu.vn) - Deputy Prime Minister Nguyen Hoa Binh signed Decision No. 1819/QD-TTg approving the plan to reduce and simplify administrative procedures related to production and business activities and simplify administrative procedures to organize the implementation of administrative procedures regardless of administrative boundaries within the provincial level under the management of the Ministry of Justice.

50% reduction in appraisal fee for property auction practice certificate

Specifically, the Decision approves the reduction and simplification of administrative procedures related to production and business activities in 7 areas (Registration of security measures; State compensation; Legal support for small and medium enterprises; Civil enforcement; Commercial arbitration; Commercial mediation; Legal consultancy) and 6 business lines (bailiff practice; Property auction practice; Judicial appraisal practice; Lawyer practice; Administrator practice; Notary practice).

In addition, simplify administrative procedures in 4 areas (civil status; adoption; certification; grassroots mediation) to organize the implementation of administrative procedures regardless of administrative boundaries within the provincial level .

Re-delegation of authority to re-issue auction practice certificates

Specifically, the Decision has combined the procedure for requesting support for legal consultancy costs for small and medium-sized enterprises and the procedure for requesting payment for legal consultancy support costs for small and medium-sized enterprises into 01 administrative procedure, small and medium-sized enterprises only need to perform a single step, which is to request support for payment for legal consultancy support costs for small and medium-sized enterprises; at the same time, 02 out of a total of 06 types of documents are cut: (1) Declaration form to identify micro-enterprises, small enterprises, and medium-sized enterprises according to the form; (2) Photocopy of the Business Registration Certificate.

Regarding the procedure for reissuing auction practice certificates, the Decision decentralizes the authority to reissue auction practice certificates from the Ministry of Justice to the Chairman of the Provincial People's Committee; removes the Document proving the reason for revocation of auction practice certificates from the application for reissuance of auction practice certificates; and changes the competent authority to collect fees from the Department of Judicial Support (Ministry of Justice) to the Department of Justice, and reduces the appraisal fee for reissuing property auction practice certificates by 50%.

50% reduction in appraisal fee for property auction practice certificate

Regarding the procedure for granting an Auction Practice Certificate, the Decision abolishes the business condition: Having a university or postgraduate degree in one of the following fields: law, economics , business administration, accounting, auditing, finance, banking.

At the same time, reduce 50% of appraisal fees for granting property auction practice certificates and reduce the time to handle administrative procedures from 15 days to 10 working days.

Abolish some regulations in the procedures for granting licenses to establish foreign law firms.

At the same time, the Decision removes a number of provisions in the procedures for granting licenses to establish foreign law firms and the procedures for granting licenses to establish branches of foreign law practice organizations in Vietnam, including: (1) Branch heads and directors of foreign law firms present and practicing in Vietnam for 183 days or more within a continuous period of twelve months; (2) Branch heads and directors of foreign law firms in Vietnam must have at least two consecutive years of practicing law; (3) Commit to and guarantee compliance with the Constitution and laws of the Socialist Republic of Vietnam.

Regarding the procedures for registering the activities of a law practice organization, abolish the regulation of two consecutive years of practice under a labor contract for a law practice organization or practicing as an individual under a labor contract for an agency or organization as prescribed by the Law on Lawyers; abolish the copy of the Lawyer Practice Certificate, copy of the Lawyer Card of the lawyer establishing a law office, establishing or participating in establishing a law firm and reduce the time for handling administrative procedures from 10 working days to 07 working days.

Abolish some conditions for appointing notaries

For the procedure of appointing a notary, the simplified content includes:

- Abolish the following conditions: (1) Ensure health to practice notary; (2) Have at least 3 years of legal work experience at an agency or organization after obtaining a bachelor's degree in law, master's degree in law, or doctorate in law; (3) Good moral qualities.

- Reduce the legal work time from 5 years or more at agencies and organizations after obtaining a bachelor's degree in law to 3 years.

- Remove the following documents: (1) Judicial record; (2) Copy of bachelor's degree in law or master's degree, doctorate in law; (3) Copy of certificate of completion of notary training course. For those exempted from notary training, there must be a copy of the certificate of completion of notary training course and documents proving that they are exempted from notary training as prescribed in Clause 1, Article 10 of the Law on Notarization; (4) Copy of certificate of results of notary practice internship test.

- Reduce administrative procedure processing time from 30 working days to 10 working days.

The Decision clearly states that, for the procedures for registering guardianship supervision and registering the termination of guardianship supervision, individuals have the right to choose to carry out administrative procedures on civil status at the civil status registration agency where they reside; the individual's place of residence is determined according to the provisions of the law on residence. In case an individual chooses to carry out administrative procedures on civil status other than at the People's Committee of the commune where they permanently or temporarily reside, the People's Committee of the commune where the request is received is responsible for assisting the person in submitting the online civil status registration application to the correct competent authority as prescribed.

Amending the order and procedures for receiving domestic adoption registration dossiers

The group of procedures (Registering domestic adoption; Re-registering domestic adoption; Procedures for Issuing certificates of Vietnamese citizens permanently residing in border areas who are eligible to adopt children of neighboring countries residing in border areas; Procedures for Issuing certificates of Vietnamese citizens permanently residing in border areas who are eligible to adopt children of neighboring countries residing in border areas) amends the order and procedures for receiving dossiers to ensure that subjects performing administrative procedures can choose to submit dossiers at any commune-level People's Committee in the province.

In case the adoptive parent chooses to submit the application not to the People's Committee of the commune where they and the adopted child permanently reside or have the authority to register the adoption before, the People's Committee of the commune where the request is received is responsible for assisting the adoptive parent to submit the online adoption registration application to the correct People's Committee of the commune with authority as prescribed.

Phuong Nhi

Source: https://baochinhphu.vn/don-gian-hoa-thu-tuc-hanh-chinh-thuoc-quan-ly-bo-tu-phap-102250825172849645.htm