Law on Notarization 2026 (Amended), No. 04/2026/QH16

LAW

Amending and Supplementing a Number of Articles of the Law on Notarisation^[1]

Pursuant to the Constitution of the Socialist Republic of Vietnam, which has a number of articles amended and supplemented under Resolution No. 203/2025/QH15;

The National Assembly promulgates the Law Amending and Supplementing a Number of Articles of Law No. 46/2024/QH15 on Notarisation, which has a number of articles amended and supplemented under Law No. 106/2025/QH15.

Article 1. To amend and supplement a number of articles of the Law on Notarisation

1. To amend and supplement Clauses 1 and 2, Article 2 as follows:

“1. Notarisation means a public service performed by a notary of a notarial practice organisation to certify the authenticity and legality of written transactions (below referred to as transactions) that are subject to notarisation or voluntarily requested by individuals and organisations.

Overseas diplomatic missions and consular offices of the Socialist Republic of Vietnam may notarise transactions under Article 73 of this Law.

2. Notary means a person who fully meets the criteria specified in this Law and is appointed by the Chairperson of the People’s Committee of a province or city (below referred to as the provincial-level People’s Committee) to conduct notarial practice and perform a number of certification tasks in accordance with law.”.

2. To amend and supplement Article 3 as follows:

“Article 3. Transactions subject to notarisation

1. Transactions subject to notarisation are important transactions that require strict participation conditions and a high level of legal security and are subject to notarisation in accordance with law.

2. The Ministry of Justice shall assume the prime responsibility for, and coordinate with related ministries and sectors in, reviewing, updating and posting the list of transactions subject to notarisation and certification on its Portal.”.

3. To amend and supplement Clause 6, Article 11 as follows:

“6. The recognition of equivalence for a person who has undergone notary training in a foreign country falls within the competence of the Chairperson of the provincial-level People’s Committee of the locality where such person resides.

The Minister of Justice shall specify the framework programme for notary training, and the dossier, order and procedures for recognition of equivalence for persons who has undergone notary training in foreign countries.”.

4. To amend and supplement Clause 1, Article 13 as follows:

“1. A person who fully meets the criteria specified in Article 10 of this Law and does not fall into the cases of ineligibility for appointment as notaries specified in Clauses 2 thru 8, Article 14 of this Law may request the Chairperson of the provincial-level People’s Committee of the locality where he/she completes his/her probation of notarial practice to appoint him/her as a notary.”.

5. To amend and supplement Clause 3, Article 16 as follows:

“3. The relief from duty of a notary falls within the competence of the Chairperson of the provincial-level People’s Committee of the locality where the notary is practising; in case the notary is not practising at a notarial practice organisation at the time the relief from duty is considered, the relief from duty falls within the competence of the Chairperson of the provincial-level People’s Committee of the locality where the notary last practised; in case the notary has been appointed but has not yet practised, the relief from duty falls within the competence of the Chairperson of the provincial-level People’s Committee of the locality where the notary was appointed.

The Government shall specify the dossier, order and procedures for relief from duty of notaries.”.

6. To amend and supplement Clause 4, Article 17 as follows:

“4. The reappointment of a notary falls within the competence of the Chairperson of the provincial-level People’s Committee of the locality where such notary was relieved from duty.

The Government shall specify the dossier, order and procedures for reappointment of notaries.”.

7. To amend and supplement Article 19 as follows:

“Article 19. Notarial practice organisations

1. Notarial practice organisations include state-run notary offices and notary offices organised and operating in accordance with this Law and other relevant laws.

2. Provincial-level People’s Committees shall promulgate Schemes on the management and development of notarial practice organisations in accordance with this Law and guiding documents and the localities’ practical situations; consider and decide to transfer the competence to certify transactions from the Chairpersons of commune-level People’s Committees to notarial practice organisations to notarise transactions in commune-level geographical areas where notarial practice organisations have been developed to meet notarisation requirements of individuals and organisations under the Government’s regulations.”.

8. To amend and supplement Clause 1, Article 23 as follows:

“1. Notary offices shall be organised and operate in accordance with this Law and other relevant laws, for those operating in the form of partnership. In commune-level administrative units with low population density, underdeveloped infrastructure facilities and services, and difficulties in establishing notary offices in the form of partnership, notary offices may be organised and operate in the form of sole proprietorship. In case a commune-level administrative unit is no longer eligible for establishment of a notary office in the form of sole proprietorship, the notary office already established and operating in the form of sole proprietorship may still continue its operation.

The Government shall specify the transformation of notary offices established and operating in the form of sole proprietorship into notary offices organised and operating in the form of partnership.

Provincial-level People’s Committees shall decide on the lists of commune-level administrative units eligible for establishment of notary offices organised and operating in the form of sole proprietorship in their localities.”.

9. To amend and supplement Point d, Clause 2, Article 24 as follows:

“d/ The 2-year period specified in Clause 6, Article 27; Clause 5, Article 30; Clause 5, Article 31; and Clause 4, Article 34, of this Law has not yet expired.”.

10. To amend and supplement Clauses 1 and 2, Article 26 as follows:

“1. Within 10 days from the date of changing one of the contents specified in Clause 2, Article 25 of this Law, a notary office shall register the change at the provincial-level Department of Justice of the locality where the notary office has registered its operation.

In case the notary office has a new general partner or notary working under a labour contract, the new notary may practise as a notary from the date the provincial-level Department of Justice re-issues the operation registration certificate to the notary office or records the change in the operation registration certificate of the notary office.

The change of a notary office’s address must comply with the Scheme on management and development of notarial practice organisations of the locality.

The change of the name of a notary office must meet the requirements specified in Clause 4, Article 23 of this Law.

2. In case a notary office changes its name, address or head, the provincial-level Department of Justice shall re-issue an operation registration certificate to the notary office; in case the notary office changes other operation registration contents, the provincial-level Department of Justice shall re-issue an operation registration certificate to the notary office or record the change in the operation registration certificate of the notary office.”.

11. To amend and supplement a number of clauses of Article 42 as follows:

a/ To amend and supplement Clause 1 as follows:

“1. The notarisation requester shall submit online, by hand-deliver or by post 1 set of notarisation request dossier to a notarial practice organisation. The notarisation request dossier must comprise:

a/ The draft of the transaction;

b/ The personal identification paper of the notarisation requester, which may be an identity card, a passport or another personal identification paper proving his/her identity as provided by law;

c/ The asset ownership or use rights certificate, or a legally effective court judgment or ruling or another decision of a competent state agency on disposal of assets, or a substitute paper as provided by law, for assets subject to registration of ownership or use rights as provided by law, in case the transaction is related to those assets;

d/ Other papers related to the transaction as required by law.

The papers specified in Points b, c and d of this Clause must be paper copies, electronic copies or original electronic documents.”;

b/ To amend and supplement Clause 7, and add Clause 7a below Clause 7, as follows:

“7. If agreeing with the whole contents of the draft of the transaction, the notarisation requester shall sign every page of the transaction and sign and write his/her full name and append the seal of his/her organisation (if any) on the last page of the transaction; the use of fingerprints must comply with Article 50 of this Law. The notary shall require the notarisation requester to present the original paper documents or original electronic documents of the papers specified in Points b, c and d, Clause 1 of this Article for checking and collation before signing in the testimony and every page of the transaction; in case of requesting notarisation of a written disclaimer of estate specified in Article 60 of this Law, the notarisation requester is not required to present the original paper document or original electronic document of the paper specified in Point c, Clause 1 of this Article for checking and collation by the notary before signing in the testimony and each page of the transaction; for the papers specified in Point d, Clause 1 of this Article, if the notarisation requester does not have the original paper documents or original electronic documents at the time the notary signs in the testimony, he/she may present copies from the master registers, certified copies, or electronic copies certified from the originals.

7a. In case data on the information in the dossier components specified in Clause 1 of this Article are available in databases published by the database management agencies, the notarisation requester is not required to provide papers containing such information but may exploit the data by himself/herself for provision to the notary; if requesting the notary to exploit the data, the notarisation requester shall pay a charge for exploiting and using information in the databases in accordance with law; the notary receiving the notarisation request dossier shall exploit and use the disclosed information available in the national database and other databases to consider and process the dossier, without requesting the presentation of the originals of papers for collation under Clause 7 of this Article. The notary may only request the notarisation requester to supplement documents in the dossier components in case the information cannot be exploited within the time limit for settling the notarisation request, or in case the exploited information is incomplete or inaccurate.”.

12. To amend and supplement Clause 3, Article 43 as follows:

“3. Other procedures must comply with Clauses 6, 7, 7a, and 8, Article 42 of this Law.”.

13. To amend and supplement Article 44 as follows:

“Article 44. Competence to notarise transactions with objects being real estate

1. Notaries of a notarial practice organisation may only notarise transactions with objects being real estate within the province or city where the notarial practice organisation is located, except cases of notarisation of testaments, written disclaimers of estate, and letters of authorisation related to the exercise of real estate-related rights, and notarisation of the modification, supplementation, termination or cancellation of such transactions in accordance with law.

2. The Government shall specify the roadmap for implementation of the competence for notarisation of the transactions specified in Clause 1 of this Article nationwide after the database on notarisation specified in Article 66 of this Law is operated and the information in relevant databases are disclosed by the database management agencies in accordance with law.”.

14. To amend and supplement Clause 4, Article 50 as follows:

“4. Fingerprinting may be carried out simultaneously with signing at the request of the notarisation requester.”.

15. To amend and supplement Article 57 as follows:

“Article 57. Notarisation of an authorisation contract in case the authorising party and the authorised party cannot together go to the same notarial practice organisation

1. In case the authorising party and the authorised party cannot together go to the same notarial practice organisation, the authorising party may request the notary of the notarial practice organisation it/he/she has chosen to certify the request for authorisation in the authorisation contract; the authorised party may request the notary of the notarial practice organisation it/he/she has chosen to further certify the acceptance of the authorisation in the original of such authorisation contract, and complete the notarisation of the authorisation contract.

The document on notarisation of the authorisation contract shall take effect from the time it is signed by the notary of the notarial practice organisation that is requested by the authorising party and the authorised party to perform the notarisation, and appended with the seal of such notarial practice organisation. For an electronic document on notarisation of the authorisation contract, it must bear digital signatures of the notary and of the notarial practice organisation.

2. The notarisation of a document on modification or supplementation, or an agreement on termination, of an authorisation contract in case the authorising party and the authorised party cannot together go to the same notarial practice organisation must comply with Article 53 of this Law and Clause 1 of this Article. The document on modification or supplementation, or the agreement on termination, of an authorisation contract shall take effect under Clause 1 of this Article.

In case both parties jointly request notarisation of the document on modification or supplementation, or agreement on termination, of an authorisation contract at either of the notarial practice organisations that have previously performed the notarisation, such notarial practice organisation shall send a notice and 1 copy of the document on modification or supplementation, or the agreement on termination, of the contract to the other notarial practice organisation within 5 working days for inclusion in the notarial dossier for storage.

3. The correction of technical errors in the notarisation document specified in Clauses 1 and 2 of this Article shall be made at either of the notarial practice organisations that have previously performed the notarisation, unless otherwise provided by law. The notary shall correct technical errors under Clauses 3 and 4, Article 52 of this Law and notify in writing the correction to parties to the transaction and the other notarial practice organisation that has previously performed the notarisation within 5 working days after the correction is completed; in case the other notarial practice organisation has terminated its operation, the notary shall notify the correction to the notarial practice organisation that archives the notarisation dossiers of the notarial practice organisation that has terminated its operation within 5 working days after the correction is completed.”.

16. To amend and supplement Article 66 as follows:

“Article 66. Notarial database

1. The notarial database contains the following data:

a/ Information on notaries, notarial practice organisations and notarised transactions;

b/ Information on transaction status of assets;

c/ Information on measures to prevent and warn risks in notarial activities;

d/ Notarised documents and other documents in notarial dossiers.

2. The notarial database shall be sufficiently, accurately and promptly updated, ensuring security and safety in accordance with law. The collection and provision of information for inclusion in the notarial database and the exploitation, use and sharing of the notarial database must comply with this Law and other relevant laws regarding information confidentiality of notarisation contents, and protection of privacy, personal secrets and family secrets.

The connection and sharing of information between the notarial database and national databases, databases of ministries, sectors and localities, and other databases must ensure efficiency, safety and conformity with the functions, tasks and powers specified in this Law and other relevant laws.

3. The notarial database shall be managed in a centralised manner and decentralised for management according to the state management responsibilities for notarisation of the Ministry of Justice and provincial-level People’s Committees.

4. The Ministry of Justice shall build the notarial database synchronously and uniformly from the central to local levels nationwide according to relevant standards and technical regulations.

The Minister of Justice shall promulgate regulations on the management, updating, exploitation, use and sharing of the notarial database nationwide.

5. Funds for the building, management, operation, maintenance and upgrading of the notarial database shall be allocated from the state budget and other sources in accordance with law.

6. The Government shall detail Clauses 1, 2, 3 and 5 of this Article.”.

17. To amend and supplement Clause 3, Article 68 as follows:

“3. When a competent state agency requests in writing the supply of a notarial dossier for supervision, examination, inspection, investigation, prosecution, trial or judgment enforcement related to the notarised affairs, the concerned notarial practice organisation shall supply copies of notarised documents and other relevant papers. The collation of copies of notarised documents with their originals may only be conducted at the notarial practice organisation where the notarial dossier is stored, unless the proceedings-conducting body requests the provision of the originals of notarised documents for verification or assessment. The time limit for providing the originals of notarised documents is 10 working days from the date of handover. The proceedings-conducting body shall preserve the originals of notarised documents and return them in full and in status quo to the notarisation practice organisation within the required time limit. The handover of the originals of notarised documents shall be recorded in writing, clearly stating the time of the return thereof, the person responsible for the return, and the responsibilities of related persons in case of loss or damage of the originals of notarised documents.”.

18. To replace a number of phrases in several points and clauses as follows:

a/ To replace the phrase “People’s Committees of provinces and centrally run cities (below referred to as provincial-level People’s Committees)” in Clause 4, Article 8 with the phrase “provincial-level People’s Committees”;

b/ To replace the phrase “principal inspectors in the justice sector” in Point a, Clause 3, Article 11 with the phrase “principal inspectors in the field of justice”; and the phrase “senior inspectors in the justice sector” in Point d, Clause 3, Article 11 with the phrase “senior inspectors in the field of justice”;

c/ To replace the phrase “communes, wards and townships” in Clause 3, Article 14 with the phrase “communes, wards and special zones”;

d/ To replace the phrase “district-level geographical areas” in Point a, Clause 2, Article 20; and Clause 1, Article 21, with the phrase “commune-level geographical areas”;

dd/ To replace the phrase “provinces and centrally run cities” in Clause 4, Article 20; Clause 1, Article 29; Clause 1, Article 41; and Clause 5, Article 68, with the phrase “provinces and cities”.

Article 2. Effect

This Law takes effect on January 1, 2027.

Article 3. Transitional provisions

1. Persons appointed or reappointed as notaries before the effective date of this Law may continue to practice notarisation and perform certification tasks in accordance with Law No. 46/2024/QH15 on Notarisation, which has a number of articles amended and supplemented under Law No. 106/2025/QH15, and this Law.

2. The appointment as a notary of a person who has completed his/her notarial practice probation in a province or city that has been reorganised with another province or city falls within the competence of the Chairperson of the People’s Committee of the province or city following the reorganisation.

3. The relief from duty of notaries appointed by the Minister of Justice must comply with this Law. In case a notary appointed by the Minister of Justice has not yet practised, the relief from duty of such notary falls within the competence of the Chairperson of the provincial-level People’s Committee of the locality where the appointment of such notary was proposed.

4. The reappointment of a notary who was relieved from duty at his/her will or was forced to be relieved from duty before the effective date of this Law must comply with this Law. In case a notary was relieved from duty at his/her will by the Minister of Justice, the reappointment falls within the competence of the Chairperson of the provincial-level People’s Committee of the locality where such notary was requested to be relieved from duty; in case the Minister of Justice relieved from duty a notary by himself/herself, the reappointment falls within the competence of the Chairperson of the provincial-level People’s Committee of the locality where the notary last practised.

5. Local notarial databases built before the effective date of this Law shall continue to be managed, exploited and used in accordance with Law No. 46/2024/QH15 on Notarisation, which has a number of articles amended and supplemented under Law No. 106/2025/QH15, until the notarial database built in accordance with this Law is put into operation and use, and the necessary data have been fully and accurately synchronised into the notarial database built in accordance with this Law.

Provincial-level People’s Committees shall direct the updating, management and exploitation of existing local notarial databases during the period of building the notarial database as prescribed in this Law; and direct the connection and integration of local notarial data with the notarial database in accordance with this Law, ensuring timeliness, safety, completeness and accuracy.

6. Within 1 year from the effective date of this Law, the Government shall review the provisions on transactions subject to notarisation in legal documents promulgated before the effective date of this Law, and complete the amendment, supplementation or annulment according to its competence or submit to the competent agency the amendment, supplementation or annulment, of the regulations that no longer meet the requirements on transactions subject to notarisation specified in Clause 2, Article 1 of this Law.

This Law was passed on April 23, 2026, by the 16^th National Assembly of the Socialist Republic of Vietnam at its first session.-

Chairman of the National Assembly
TRAN THANH MAN