In its report to the National Assembly before the second session of the first meeting, the Ministry of Justice clarified that the scope of transactions requiring notarization is determined by the authority for each specific transaction type, as outlined in sub-law documents.

Compared to the Notarization Law of 2024, this draft narrows the scope of transactions subject to territorial jurisdiction, particularly those not directly related to real estate. For instance, power of attorney contracts concerning real estate and real estate purchase agreement transfer contracts no longer require notarization based on territorial jurisdiction. This aims to facilitate citizens and businesses while ensuring transaction authenticity and legality.

Additionally, the draft tasks the Government with regulating the roadmap for implementing nationwide transaction notarization once the notarization database and related databases are fully operational and publicly available. Notarization of real estate transactions, independent of administrative boundaries, will be implemented carefully to ensure legal safety and procedural feasibility.

Real estate in Dong Nai province, April 2026. Photo: Quynh Tran

This explanation responds to previous feedback from National Assembly delegates, who sought clarification on whether deposit transactions require mandatory notarization. Representative Le Thanh Hoan, a full-time member of the Legal and Justice Committee, highlighted that if a notarized deposit contract remains uncancelled due to a dispute, a notarization practice organization cannot proceed with notarizing a purchase agreement for a new buyer.

According to Hoan, this regulation could allow exploitation if the buyer delays the dispute resolution process, pressuring the seller to pay additional money to cancel the deposit. Therefore, he proposed that real estate deposit contracts should not be subject to mandatory notarization in the draft law.

The National Assembly will consider and approve the project to amend and supplement some articles of the Notarization Law during the second session of the first meeting, from 20-23/4.

Son Ha