10 ĐIỂM NỔI BẬT VỀ LUẬT CÔNG CHỨNG TỪ NGÀY 01/7/2025 / 10 KEY HIGHLIGHTS OF THE LAW ON NOTARIZATION

After more than 10 years of implementation, the Law on Notarization 2014 has revealed a number of shortcomings and limitations that require amendment and supplementation to better align with socio-economic developments. On 26 November 2024, at the 8th Session of the National Assembly, the National Assembly voted to adopt the Law on Notarization 2024. The Law on Notarization 2024 will take effect from 01 July 2025 and introduces many notable new provisions, including the following key highlights:

1. Further supplementing and providing clearer regulations on the acts prohibited for notaries and notarial practice organizations.

Article 9 of the 2024 Law on Notarization stipulates prohibited acts. Accordingly, there is a distinction between the acts prohibited for notaries and those prohibited for notarial practice organizations, which are separated into two distinct clauses, clearly listing the prohibited acts.

In addition, several further prohibited acts applicable to notaries and notarial practice organizations have been added as follows: “Providing full or partial funding with other notaries to establish or receive the entire contributed capital transferred from all partners of a notary office organized and operating as a partnership without participating in such notary office as a partner; contributing capital, receiving capital contribution, cooperating with organizations and individuals other than notaries to establish or receive the entire contributed capital transferred from all partners of a notary office organized and operating as a partnership; investing in the establishment or purchase of a notary office organized and operating as a private enterprise without acting as the head of such notary office.”

If a notarial practice organization commits the aforementioned violation, the decision permitting its establishment shall be revoked (Point i, Clause 1, Article 33 of the 2024 Law on Notarization).

• Supplementing additional cases in which notarial practice organizations are prohibited from engaging in certain acts: “c) In case an organization or individual that is not a notary establishes or participates in establishment, receives all of the contributed capital of all partners or purchases the notary office, the notary office shall be operated in the form of a sole proprietorship;”
• Supplementing prohibited acts applicable to individuals and organizations: “dd) Individuals not being notaries, organizations not being notarial practice organizations committing the following acts: Providing full funding, contributing capital, receiving contributed capital, associating or cooperating in sharing profits earned from notarial activities; providing notarial services; naming organizations, enterprises, cooperatives, cooperative unions, hanging billboards or performing other advertising acts with the content of providing notarial services or the content of services causing confusion with notarial services..”

These provisions aim to improve the quality of the notarial workforce, contribute to the development of a highly qualified body of notaries and stable, sustainable notarial practice organizations, and enhance the responsibility and awareness of individuals and organizations involved in notarization activities.

2. There are no longer any subjects exempted from notarial professional training

Previously, Article 10 of the 2014 Law on Notarization provided for persons exempted from notarial professional training, including: a) a/ Those who have worked as judges, prosecutors or investigators for at least 5 years; b/ Lawyers who have been engaged in legal practice for at least 5 years; c/ Law professors and associate professors; doctors of law; d/ Senior verifiers of courts, senior examiners of procuracies; senior experts, senior researchers and senior lecturers in the legal sector. Persons exempted from notary training under Clause 1 of this Article shall attend a re-training course on notarial practice skills and rules on notary practice ethics at a notary training institution before they are proposed for appointment as notaries. A notary re-training course must last for 3 months.

From July 1, 2025, the 2024 Law on Notarization amends this provision. Accordingly, persons who were exempt from notarial professional training and refresher training under Clause 1, Article 10 of the 2014 Law on Notarization are, under the new Law, still required to participate in notarial professional training for a period of 06 months, specifically as follows:

a) Those who have served as judges; procurators; investigators; inspectors, chief verifiers of courts; intermediate enforcement officers, chief inspectors of civil enforcement; chief inspectors of prosecution; grade II legal assistants; chief inspectors of justice; chief specialists, chief legal officers, chief researchers, principal lecturers in the field of law.

b) Bailiffs, lawyers and auctioneers who have practiced for full 05 years or more;

c) Professors, associate professors specializing in law; doctors of law;

d) Those who have served as senior verifiers of courts; senior enforcement officers, senior inspectors of civil enforcement; senior inspectors of prosecution; grade I legal assistants; senior inspectors of justice; senior specialists, senior legal officers, senior researchers, senior lecturers in the field of law.

The removal of the provision on persons exempt from notarial professional training, and the introduction of a mandatory requirement to undergo notarial training, aim to build a corps of notaries with sufficient professional competence to fulfill the responsibility of certifying the authenticity and legality of transactions that are required by law to be notarized.

3. Unification of the notarial apprenticeship period at 12 months

Article 11 of the 2014 Law on Notarization provided that the apprenticeship period for notarial practice was 12 months for persons holding a certificate of graduation from a notarial professional training course, and 06 months for persons holding a certificate of completion of a notarial professional refresher course. The apprenticeship period was calculated from the date of registration for apprenticeship.

Under Article 12 of the 2024 Law on Notarization, the apprenticeship period for notarial practice is uniformly set at 12 months, calculated from the effective date of the decision on registration for apprenticeship, without exception.

Accordingly, from July 1, 2025, there will be no preferential subjects entitled to a reduced apprenticeship period; all apprentices must complete the full 12-month apprenticeship.

4. Persons over 70 years of age are not eligible for consideration for appointment as notaries

A notable new provision of the 2024 Law on Notarization is the addition of a criterion for consideration for appointment as a notary under Clause 1, Article 10: “Being a Vietnamese citizen not over 70 years of age.”

Thus, persons aged 70 or older are not eligible to be considered for appointment as notaries. In addition, Clause 5, Article 76 of the 2024 Law on Notarization provides that notaries who are over 70 years of age and are practicing notarization as of the effective date of the Law may continue to practice for 02 years from the effective date of the Law; notaries who are between 68 and under 70 years of age as of the effective date of the Law may continue to practice until reaching 72 years of age. Upon expiry of the above-mentioned period, the notary shall be automatically relieved of office.

The limitation on the age for appointment and practice of notaries is necessary, as notarial practice (a public service) requires a high degree of accuracy, professional expertise, and legal responsibility in certifying the authenticity and legality of transactions; therefore, practitioners must have adequate health to ensure proper performance of their duties. Moreover, under current regulations, the retirement age for male officials, civil servants, public employees, and employees is 62, and for females is 60; thus, setting an age limit for appointment and practice is reasonable.

5. Reduction of the required period of legal experience from 05 years to at least 03 years for appointment as a notary

The 2024 Law on Notarization reduces the required period of legal experience from “05 years or more” as stipulated in Clause 2, Article 8 of the 2014 Law on Notarization to “at least 03 years” (Clause 4, Article 10 of the 2024 Law on Notarization) when prescribing the criteria for consideration for appointment as a notary.

6. Citizens may use electronic notarization from July 1, 2025

For the first time, the Law on Notarization recognizes electronic notarization in Section 3, Chapter V of the 2024 Law on Notarization, from Article 62 to Article 65.

Electronic notarization may be conducted in the form of direct electronic notarization or online electronic notarization:

Direct electronic notarization refers to the case where the person requesting notarization enters into a transaction in the direct presence of the notary; the notary and the notarial practice organization certify the transaction using digital signatures to create an electronic notarized document.

Online electronic notarization refers to the case where the parties to a transaction requesting notarization are not present at the same location and conclude the transaction via online means in the direct presence (through an online platform) of the notary; the notary and the notarial practice organization certify the transaction using digital signatures to create an electronic notarized document.

An electronic notarized document is recognized as having the same legal validity as a traditional notarized document and serves as a basis for the parties to the transaction and competent state authorities to carry out relevant procedures. At the same time, it constitutes evidence, and the facts and events recorded therein are not required to be proven. This marks a significant step forward, paving the way for the full implementation of notarization in the digital environment.

7. Former notaries or employees of notarial practice organizations remain liable for damages

The 2024 Law on Notarization clearly provides for liability for compensation for damages. Notaries or employees of notarial practice organizations who directly cause damage must compensate for such damage, even in cases where the notarial practice organization has been dissolved or ceased operations, or where they are no longer notaries or employees of that organization. Specifically, Article 40 of the 2024 Law on Notarization provides:

“In case a notarial practice organization has transformed, consolidated or merged, the heir of its rights and obligations shall pay compensation for damage; in case a notarial practice organization has dissolved or shut down, its notaries or employees who directly cause damage shall pay compensation by themselves, including individuals who no longer are notaries or employees of the notarial practice organization.

2. Notaries, employees who directly cause damage shall indemnify the notarial practice organization for the compensation amount already paid by this organization to the damage sufferer in accordance with law, even if they are no longer notaries or employees of the notarial practice organization; in case they fail to indemnify such amount, the notarial practice organization may request a court to settle.”

8. Removal of the notarization request form from the notarization dossier

From July 1, 2025, pursuant to Articles 42 and 43 of the 2024 Law on Notarization, the dossier for notarization of a transaction that has been pre-drafted, or a dossier for notarization of a transaction drafted by the notary at the request of the person requesting notarization, no longer includes the “Notarization Request Form” as previously required under Point a, Clause 1, Article 40 of the 2014 Law on Notarization.

Clearly, the removal of the notarization request form will be more convenient for persons requesting notarization and will ensure greater uniformity among notarial offices, eliminating the situation in which each notarial office uses a different request form template.

9. Notaries are required to take photographs to verify that the person requesting notarization, witnesses, and interpreters sign the notarized document

Pursuant to Clause 1, Article 50 of the 2024 Law on Notarization regarding signatures and fingerprinting in notarized documents: “1. A notarial requester, witness or interpreter shall append their signature to each page of a transaction in the presence of a notary, except for the case specified in clause 2 of this Article and the case where the notarial requester cannot affix his/her signature or fingerprint. The notarized document shall be signed according to the Government’s regulations.

The signing of the notarized document in the presence of the notary must be photographed and stored in the notarial record.”

Accordingly, when the person requesting notarization, a witness, or an interpreter signs the transaction in the direct presence of the notary, the notary must take photographs and store them in the notarization dossier. An exception applies where the person authorized to enter into the transaction on behalf of a credit institution, enterprise, cooperative, or cooperative union has registered a specimen signature at the notarial practice organization; in such case, that person may sign the transaction document in advance, and the notary must compare the signature on the transaction document with the registered specimen signature before performing the notarization.

The photograph of the notary witnessing the signing of the notarized document must comply with the conditions set out in Article 46 of Decree No. 104/2025/NĐ-CP detailing certain provisions and measures for implementation of the Law on Notarization.

“a) Identifying the signatory of the notarized document and the notary who performs the notarization;

b) The photograph must be clear, sharp, and not prone to fading or discoloration; it must not be edited, altered, or have any details or contexts added or removed;

c) The photograph must be black-and-white or colour photograph printed on A4 paper; in the case of using specialized photo paper, the minimum size of the photograph should be 13cm x 18cm.”

Where deemed necessary by the person requesting notarization and the notary, the process of the parties signing the notarized document may be video recorded; such visual materials form part of the notarization dossier and may only be stored and used in accordance with the law on archiving notarization dossiers.

Compared to the 2014 Law on Notarization, the 2024 Law on Notarization more clearly stipulates the basis for verifying the notary’s witnessing, thereby preventing and addressing the situation where a person requesting notarization signs a transaction but not “in the presence of” the notary, ensuring legal safety for the certified transaction.

10. Amendments and supplements to certain provisions on notarial practice organizations

The 2024 Law on Notarization introduces several new provisions concerning notarial practice organizations as follows:

- With respect to Notarial Bureaus, in order to ensure consistency in operational conditions with Notarial Offices, the 2024 Law on Notarization provides that a Notarial Bureau must have at least 02 notaries, except in district-level administrative units where a Notarial Office may be established in the form of a private enterprise; a Notarial Bureau must also have a headquarters that meets the conditions prescribed by the Government (Article 20).

- Inheriting the provision of the 2014 Law on Notarization that a Notarial Office shall be organized and operate in the form of a partnership company, the 2024 Law introduces a new provision allowing the establishment of a Notarial Office in the form of a private enterprise in district-level administrative units with low population density, underdeveloped infrastructure and services, and difficulties in establishing a Notarial Office in the form of a partnership company. The list of district-level administrative units permitted to establish Notarial Offices in the form of private enterprises shall be prescribed by the Government (Clause 1, Article 23).

- The provision on the transfer of a Notarial Office organized as a partnership company under the 2014 Law on Notarization is replaced with a provision on the transfer of the entire capital contribution of all general partners of the Notarial Office (Article 30); additionally, a new provision is added regarding the sale of a Notarial Office organized as a private enterprise (Article 31).