During a National Assembly discussion on the draft law amending and supplementing a number of articles of the Notarization Law on the morning of 11/4, National Assembly representative Le Thanh Hoan, a specialist at the Committee for Legal Affairs and Justice, stated that current law already mandates notarization or authentication for many real estate-related transactions such as buying, selling, gifting, mortgaging, and contributing capital.

If a deposit contract is considered an inseparable part of a real estate purchase and sale transaction, it could lead to regulations mandating notarization for this type of contract. Therefore, Hoan urged the drafting committee to carefully consider this, as mandating notarization for deposit contracts has led to many risks for sellers.

Citing the Civil Code, Le Thanh Hoan explained that when a buyer violates a commitment, the seller has the right to transfer the property to another party. However, if a deposit contract has been notarized and has not been canceled due to a dispute, a notarization practice organization cannot proceed with notarizing a new purchase and sale contract with a new buyer.

He argued that this point is easily exploited. During dispute resolution, courts only declare a notarized document invalid if it violates the law, meaning the document remains effective until both parties request its cancellation. During this period, the buyer could intentionally delay, pressuring the seller to pay additional money before agreeing to cancel the deposit.

Based on this reality, the representative proposed that the drafting agency not include real estate deposit contracts as mandatory notarization in the draft law.

Representative Le Thanh Hoan, specialist at the Committee for Legal Affairs and Justice. Photo: Hoang Phong

Regarding the scope of real estate transaction notarization, Le Thanh Hoan also suggested avoiding restrictive regulations that limit citizens' right to choose. With notarization activities now socialized, citizens should have the right to select a suitable notarization practice organization, rather than being confined to the locality where the real estate is located.

He argued that allowing notarization only at the property's location would create a positional advantage, failing to promote competition based on service quality. This approach is also inconsistent with other real estate-related transactions, such as notarizing wills or documents refusing inheritance, which are not dependent on the property's location.

Therefore, the representative proposed expanding off-site notarization and gradually allowing notarization independent of administrative boundaries once a centralized notarization database is complete, stable, and legally secure.

National Assembly representative Nguyen Minh Tuan, Director of Phu Tho Provincial Police, noted that real estate transactions still have many shortcomings, so amending the law should aim to both facilitate citizens and enhance management effectiveness. He proposed that the National Assembly implement flexible regulations, encouraging voluntary notarization for certain types of contracts instead of making it mandatory.

He also urged the draft law to clarify whether notarization confirms the form or the content of a transaction, and to clearly define the responsibility of notaries in cases with signs of violations such as tax evasion. According to him, if notaries are not held to higher responsibility, or if the legal value of notarization does not differ significantly from citizens self-preparing contracts and fulfilling tax obligations, then mandatory notarization should not be imposed on citizens.

Son Ha