Six transactions removed from mandatory notarization

The 2024 notarization law stipulated that transactions requiring notarization were those considered important, demanding high legal safety, and specifically mandated by law or by the government.

This regulation was amended and supplemented in 2026, directing the Ministry of Justice to lead coordination with relevant ministries and sectors. Their task is to review, update, and publish a comprehensive list of transactions requiring notarization or certification on the Ministry's online portal.

This approach helps narrow the scope of mandatory notarized transactions, specifically reducing six types currently regulated by various decrees. Consequently, the 2026 law resolves potential overlaps and conflicts with specialized laws. This policy facilitates operations, reduces legal compliance costs for organizations and individuals, and enhances the legal system's transparency and stability.

The identification of transactions subject to mandatory notarization will now be done through a publicly disclosed list, rather than fragmented regulations. This list will serve as a reference, aiding in consistent application nationwide. This regulation also ensures that specific transactions requiring mandatory notarization must be stipulated by specialized laws.

Promoting data exploitation to replace documents

A new addition to the law is the use of data from various databases to support notarization activities. According to the amended law, if information about the notarization requester or the asset is already available in databases managed by competent authorities and meets exploitation conditions, the requester is not required to provide paper documents containing that information.

Notary practice organizations can access and utilize this information to process dossiers. Notaries will only request additional documents from citizens if the data cannot be accessed, is incomplete, or inaccurate. This regulation applies to dossier components such as personal identification documents, documents proving property ownership or usage rights, and other related papers.

This policy alleviates the burden of preparing documents, eliminating the need to notarize or certify document copies before proceeding with the main transaction notarization. It also curbs the use of forged documents, as notaries can cross-reference directly with original state agency data rather than relying on paper copies.

Cat Lai Ward Public Administrative Service Center, Ho Chi Minh City. *Photo: Le Tuyet*

Expanding authority for certain real estate-related transactions

The 2026 amended notarization law has adjusted to expand non-territorial notarization authority for transactions that do not directly involve real estate. These include power of attorney agreements, deposit agreements, and contract transfers.

This policy incorporates opinions from National Assembly delegates, aiming to benefit citizens and businesses. Concurrently, the law mandates the government to establish an implementation roadmap for notarizing real estate transactions nationwide, independent of administrative boundaries. This must be linked to the full and synchronous operation of the notarization database and related databases, ensuring feasibility, strictness, and legal safety.

The law continues to stipulate that notarization authority for real estate transactions remains within the province or city where the notary practice organization is located. This regulation aligns with the specific characteristics of the current notarization model.

Notaries are responsible for the authenticity and legality of transactions, including verifying the legal and actual status of real estate when necessary.

The government believes that maintaining territorial authority for real estate transaction notarization helps limit risks arising from duplicate notarization for the same asset, ensuring legal safety for transactions.

Building a notarization database

The amended law also adds a new article concerning the notarization database. This system will contain information about notaries, notary practice organizations, and notarized transactions. It will also include information on asset transaction status, preventive measures, risk warnings in notarization activities, notarized documents, and other materials in notarization dossiers.

The law mandates that the notarization database must be updated fully, accurately, and timely, ensuring security and safety according to legal provisions. The collection, provision, exploitation, and use of information for the notarization database must ensure confidentiality of notarization content, protecting privacy, personal secrets, and family secrets.

The Ministry of Justice stated that building and perfecting the notarization database is an urgent requirement to serve state management and promote digital transformation in the notarization sector. The government will direct the Ministry of Justice and relevant ministries and sectors to promptly implement this, ensuring the notarization database is built synchronously, connected, and effectively shared with other databases to meet management needs, prevent risks, and improve the quality of notarization services.

The amended and supplemented notarization law takes effect on 1/1/2027.

Son Ha