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

LAW
Amending and Supplementing a Number of Articles of the Law on Notarization

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

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

Article 1. Amending and supplementing a number of articles of the Law on Notarization

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

“1. Notarization means a public service performed by a notary of a notarial practice organization to certify the authenticity and legality of written transactions (hereinafter referred to as transactions) that are required to be notarized or voluntarily requested for notarization by individuals or organizations.

Overseas diplomatic missions and consular offices of the Socialist Republic of Vietnam are permitted to notarize transactions according to Article 73 of this Law.

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

2. To amend and supplement Article 3 as follows:

“Article 3. Transactions subject to notarization

1. Transactions subject to notarization are important transactions that require strict conditions for participation, a high level of legal security and must be notarized as provided by law.

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

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

“6. The recognition of equivalence for persons who have undergone notary training in foreign countries falls under the competence of the Chairperson of the provincial-level People’s Committee of the locality where such persons reside.

The Minister of Justice shall prescribe the framework program for notary training and dossiers, order and procedures for recognition of equivalence for persons who have 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 cases of ineligibility for appointment as notary 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 completed the probationary period 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 under the competence of the Chairperson of the provincial-level People’s Committee where the notary is practicing. In case the notary is not practicing at any notarial practice organization at the time of consideration for relief from duty, the relief from duty shall fall under the competence of the Chairperson of the provincial-level People’s Committee of the locality where the notary last practiced. In case the notary has been appointed but has not yet practiced, the relief from duty shall fall under the competence of the Chairperson of the provincial-level People’s Committee that appointed the notary.

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

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

“4. The appointment of notaries falls under the competence of the Chairperson of the provincial-level People’s Committee that issued the decision on relief from duty of such notary.

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

7. To amend and supplement Article 19 as follows:

“Article 19. Notarial practice organizations

1. Notarial practice organizations include state-run notary offices and notary offices organized and operating under this Law and other relevant laws.

2. Provincial-level People’s Committees shall promulgate Schemes on management and development of notarial practice organizations in conformity with this Law, guiding documents and local practical conditions; and consider and decide on the transfer of the authority to certify transactions from Chairpersons of commune-level People’s Committees to notarial practice organizations for conducting notarization of transactions in commune-level localities where notarial practice organizations have been developed to meet notarization requirements of individuals and organizations in accordance with the Government’s regulations.”.

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

“1. Notary offices shall be organized and operate in accordance with this Law and other relevant laws, for those operating as a partnership; in commune-level administrative units with low population density, underdeveloped infrastructure facilities and services and difficulties in establishing notary offices as a partnership, notary offices shall be established in the form of sole proprietorship. Where a commune-level administrative unit no longer falls into the cases eligible for establishment of notary offices as sole proprietorships, notary offices operating as sole proprietorships already established therein may continue their operation.

The Government shall prescribe the conversion of notary offices organized and operating as sole proprietorships into notary offices organized and operating as partnerships.

Chairpersons of provincial-level People’s Committees shall prescribe the list of commune-level administrative units that are allowed to establish notary offices organized and operating as a sole proprietorship in their respective 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 items specified in Clause 2, Article 25 of this Law, the notary office must register the change at the provincial-level Department of Justice where the notary office has registered its operation.

In case the notary office has a new general partner or a notary working under the labor contract regime, such notary is allowed to practice as notary from the date the provincial-level Department of Justice re-grants the operation registration certificate to the notary office or records the change in the operation registration certificate of the notary office.

The change of the notary office’s head office address must conform to the local Scheme on management and development of notarial practice organizations.

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, head office address or head, the provincial-level Department of Justice shall re-grant an operation registration certificate to the notary office; in case of changing other operation registration contents, the provincial-level Department of Justice shall re-grant an operation registration certificate or record the changes 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 notarization requester shall submit online, hand-deliver or send by post a notarization request dossier to a notarial practice organization. The notarization request dossier must comprise:

a) The draft transaction;

b) The notarization requester's personal identification paper which may be the identity card or passport or another personal paper determining his/her identity as prescribed by law;

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

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

The papers prescribed at Points b, c and d of this Clause may be paper copies, electronic copies, or electronic originals.”;

b) To amend and supplement Clause 7, and add Clause 7a after Clause 7 as follows:

“7. Where the notarization requester agrees with the entire contents of the draft transaction, he/she shall sign every page of the draft and sign and write his/her full name and append the seal of his/her organization (if any) to the last page of the draft. Cases of signing with fingerprints must comply with Article 50 of this Law.  The notary shall request the notarization requester to produce the paper originals or electronic originals of the papers prescribed at Points b, c and d, Clause 1 of this Article for examination and collation before signing in testimonies and every page of the draft transaction. In case of notarization of a written disclaimer of inheritance prescribed in Article 60 of this Law, the notarization requester is not required to present the paper original or electronic original of the paper prescribed at Point c, Clause 1 of this Article for the notary’s examination and collation before signing the testimonies and each page of the transaction. If the paper originals or electronic originals of the papers specified at Point d, Clause 1 of this Article are unavailable at the time the notary signs in testimonies, the notarization requester may produce duplicates from the master registers or certified copies or electronically certified copies thereof.

7a. In case data on information contained in the components of a notarization request dossier prescribed in Clause 1 of this Article already exists in databases publicly announced by agencies managing such databases, the notarization requester is not required to provide papers containing such information and may independently exploit such data for provision to the notary. Where the notarization requester requests the notary to exploit such data, he/she shall pay charges for exploitation and use of database information in accordance with law; the notary receiving the notarization request dossier shall exploit and use information already available in national databases and other publicly announced databases for consideration and settlement of the notarization request dossier; and shall not require the presentation of paper originals for collation as prescribed in Clause 7 of this Article. The notary may request the notarization requester to additionally provide papers in the notarization request dossier only where information cannot be exploited within the time limit for settlement of the notarization request or 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 notarize real estate-related transactions

1. Notaries of a notarial practice organization may notarize transactions related to real estate only within the province or city where the notarial practice organization is located, except cases of notarization of testaments, written disclaimers of inheritance, letters of authorization related to the exercise of real estate-related rights, and notarization of the modification, supplementation, termination or cancellation of such transactions as prescribed by law.

2. The Government shall prescribe a roadmap for implementation of the competence to notarize transactions prescribed in Clause 1 of this Article on a nationwide basis after the notarization database prescribed in Article 66 of this Law has been put into operation and information in relevant databases has been publicly announced by agencies managing such databases in accordance with law.”.

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

“4. Fingerprinting and signing may be carried out concurrently at the request of the notarization requester.”.

15. To amend and supplement Article 57 as follows:

“Article 57. Notarization of an authorization contract in case both the authorizing party and the authorized party cannot together go to a notarial practice organization

1. In case both the authorizing party and the authorized party cannot together go to a notarial practice organization, the authorizing party may request the notary of the notarial practice organization it/he/she selects to certify the request for authorization in the authorization contract; the authorized party may request the notary of the notarial practice organization it/he/she selects to further certify the acceptance of the authorization in the original authorization contract, complete the notarization of the authorization contract.

The notarized document of the authorization contract shall take effect at the time notaries of the notarial practice organizations that are requested by the authorizing party and the authorized party to perform the notarization sign and append with the seals of these organizations on it.  In case the notarized document of the authorization contract is an electronic notarized document, it must bear digital signatures of notaries and these notarial practice organizations.

2. The notarization of the modification, supplementation, or agreement on termination, of an authorization contract in case both the authorizing party and the authorized party cannot together go to a notarial practice organization must comply with Article 53 of this Law and Clause 1 of this Article. A modification, supplementation, or agreement on termination of an authorization contract shall take effect in accordance with Clause 1 of this Article.

In case both parties jointly request notarization of the modification, supplementation, or agreement on termination, of an authorization contract, at either of the notarial practice organizations that notarized the authorization contract, that notarial practice organization shall notify and send 1 copy of the document modifying or supplementing, or the agreement on termination of, the contract to the other notarial practice organization, within 5 working days, for inclusion in the notarial dossier for archiving.

3. The correction of technical errors in the notarized document specified in Clauses 1 and 2 of this Article shall be carried out at either of the notarial practice organizations that notarized the documents, unless otherwise provided by law.  The notary shall correct technical errors under Clauses 3 and 4, Article 52 of this Law and send a written notification of the correction to the persons participating in the transaction and the other notarial practice organization that notarized the document within 5 working days. Where the other notarial practice organization has terminated its operation, notification shall be sent within 5 working days to the notarial practice organization storing the notarial dossiers of such notarial practice organization.”.

16. To amend and supplement Article 66 as follows:

“Article 66. Notarial databases

1. Notarial databases include the following data:

a) Information on notaries, notarial practice organizations, and notarized transactions;

b) Information on the transaction status of assets;

c) Information on preventive measures and risk warnings in notarization activities;

d) Notarized documents and other documents contained in notarial dossiers.

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

The connection and sharing of information between notarial databases 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 notarization database shall be centrally managed and decentralized in accordance with the state management responsibilities for notarization of the Ministry of Justice and provincial-level People’s Committees.

4. The Ministry of Justice shall build a synchronized and unified notarization database from the central level to local levels in accordance with nationwide technical standards and regulations.

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

5. Funds for building, management, operation, maintenance and upgrading of notarial databases 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 notarized affairs, the concerned notarial practice organization shall supply copies of notarized documents and other relevant papers.  The collation of copies of notarized documents with their originals may only be conducted at the notarial practice organization where the notarial dossier is stored, except where the proceeding-conducting agency requests provision of originals of notarized documents for verification or examination purposes. The maximum period for provision of originals of notarized documents is 10 working days from the date of handover. The proceeding-conducting agency shall preserve and return fully, intactly, and within the prescribed time limit the originals of notarized documents to the notarial practice organization. The handover of originals of notarized documents must be made in writing, clearly stating the time for return of such notarized documents, the person responsible for returning them, and liability in case of loss of or damage to originals of notarized documents.”.

18. To replace certain phrases in a number of 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)” with the phrase “provincial-level People’s Committees” in Clause 4, Article 8;

b) To replace the phrase “principal judicial inspectors” with the phrase “principal inspectors in the judicial sector” at Point a, Clause 3, Article 11; and to replace the phrase “senior judicial inspectors” with the phrase “senior inspectors in the judicial sector” at Point d, Clause 3, Article 11;

c) To replace the phrase “communes, wards, or township” with the phrase “communes, wards, or special zones” in Clause 3; Article 14;

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

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

Article 2. Effect

This Law takes effect from January 01, 2027.

Article 3. Transitional provisions

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

2. The appointment of notaries for persons having completed the probationary period of notarial practice in a province or city consolidated with another province or city falls under the competence of the Chairperson of the People’s Committee of the province or city after such consolidation.

3. The relief from duty of notaries appointed by the Minister of Justice shall comply with this Law. Where a notary appointed by the Minister of Justice has not yet practiced, the relief from duty falls under the competence of the Chairperson of the provincial-level People’s Committee of the locality that proposed the appointment of such notary.

4. The reappointment of notaries who were relieved from duty or subject to relief from duty before the effective date of this Law shall comply with this Law. Where a notary was relieved from duty by the Minister of Justice, the reappointment shall fall under the competence of the Chairperson of the provincial-level People’s Committee of the locality that proposed the relief from duty of such notary; where the Minister of Justice independently relieved a notary from duty, the reappointment shall fall under the competence of the Chairperson of the provincial-level People’s Committee of the locality where such notary last practiced.

5. Local notarization databases established before the effective date of this Law may continue to be managed, exploited, and used in accordance with the Law on Notarization No. 46/2024/QH15, which had a number of articles amended and supplemented under Law No. 106/2025/QH15, until the notarization database established in accordance with this Law is put into operation and use and all necessary data is fully and accurately synchronized into the notarization database established under this Law.

Provincial-level People’s Committees shall direct the updating, management, and exploitation of existing local notarization databases during the period of establishment of the notarization database in accordance with this Law; and direct the connection and integration of local notarization data with the notarization database established under this Law in a timely, safe, full, and accurate manner.

6. Within 1 year from the effective date of this Law, the Government shall organize the review of regulations on transactions subject to notarization in legal documents promulgated before the effective date of this Law and complete the amendment, supplementation, or annulment within its competence, or submit to competent authorities for amendment, supplementation, or annulment of provisions that fail to satisfy the requirements on transactions subject to notarization prescribed in Clause 2, Article 1 of this Law.

________________________________________________________________

This Law was passed on April 23, 2026, by the XVI^th National Assembly of the Socialist Republic of Vietnam at its 1^st session.