Direct reduction in the number of types of transactions requiring notarization for 6 purposes.
The Law amending and supplementing certain articles of the Law on Notarization consists of 3 articles. Specifically, Article 1: Amending and supplementing certain articles of the Law on Notarization, including amending all or some points and clauses of the following articles: Articles 2, 3, 11, 13, 16, 17, 19, 20, 21, 23, 24, 26, 29, 41, 42, 43, 44, 50, 57, 66, 67 and 68; Article 2: Effective date; Article 3: Transitional provisions.
Introducing some of the outstanding new points of the Law, Deputy Minister of Justice Dang Hoang Oanh said that the Law has amended the regulations on transactions requiring notarization in order to narrow the scope of these transactions.
Accordingly, Clause 1 of Article 3 is amended to exclude transactions requiring notarization from the Notarization Law, instead specifying clearer criteria for determining transactions that require notarization (adding the criterion "requiring strict conditions for participating in the transaction," and removing the phrase "or the law assigns the Government to regulate").
According to the Deputy Minister of Justice, such regulations help to narrow the scope of transactions requiring notarization while clarifying the mandatory criteria for notarized transactions without overlapping or conflicting with related laws.
Specifically, this regulation directly reduces the number of six types of transactions requiring notarization currently stipulated in government decrees, increases the number of transactions that can be notarized voluntarily upon request, facilitates and reduces legal compliance costs for organizations and individuals, and ensures that other laws, when regulating transactions requiring notarization, must fully assess and ensure that notarized transactions meet all the criteria stipulated in the Notarization Law.
In addition, the Law clearly stipulates that the Ministry of Justice shall preside over and coordinate with relevant ministries and agencies to review, update, and publish the list of transactions requiring notarization and authentication on the Ministry of Justice's electronic portal (Clause 2, Article 1 of the Law).
The law also amends regulations to promote the implementation of the principle of decentralization in state management of notarization, in accordance with the two-tiered local government organizational model in the establishment and operation of notarization practice organizations (Clause 3 to Clause 10, Article 1 of the Law).
Specifically, the amendments to the regulations on the authority to recognize equivalence for individuals trained in notary profession abroad, and the appointment, reappointment, and dismissal of notaries in Articles 11, 13, 16, and 17 of the 2024 Notary Law aim to thoroughly decentralize power to local authorities. This includes clearly stipulating in the Law the authority to recognize equivalence for notary professional training abroad to the Chairman of the Provincial People's Committee, or transferring the authority from the Minister of Justice to the Chairman of the Provincial People's Committee (for the appointment, reappointment, and dismissal of notaries).
Simultaneously, the Law amends several regulations on the organization of notary practice in Articles 19 to 24 and Article 26 of the 2024 Notary Law to align with the two-tiered local government model, creating more favorable conditions for the operation of notary offices in the context of promoting full-process online public services. Specifically, the regulation on district-level administrative units/district-level areas is replaced with commune-level administrative units/commune-level areas. Regarding changes to the headquarters of notary offices, the Law leaves the decision to the locality, ensuring that the changes are consistent with the local plan for managing and developing notary practice organizations.
It allows the provision of original notarized documents to the prosecuting authority.
The Deputy Minister of Justice also stated that the Law has repealed Clause 2, Article 19 of the Notarial Law. Accordingly, the Ministry of Justice is no longer tasked with developing and submitting to the Government a development strategy for the notarial sector within the Notarial Law. This matter falls under the authority and responsibility of the Government in state management of notarial affairs. If the Government determines that a development strategy for the notarial sector is necessary, it can stipulate this in a Decree or administrative decision assigning the competent authority to develop the strategy and submit it to the Government for promulgation.
The law also amends several regulations on notarization procedures and notarization documents in a way that simplifies them, emphasizes the principle of exploiting and using data in the process of submitting documents and resolving notarization requests, while still ensuring the basic principles of the substantive notarization model (from clauses 11 to 15 and clause 17 of Article 1 of the Law).
The amended Law on Notarization of 2024 revises Clause 3, Article 68 to allow the provision of original notarized documents to prosecuting authorities for verification and examination of documents serving the proceedings. It also includes provisions to ensure that original notarized documents are securely preserved, fully returned, and that this does not significantly affect the legitimate rights of those requesting notarization in obtaining copies or amending, supplementing, or canceling notarized documents.
To ensure the timely and effective implementation of the Law amending and supplementing a number of articles of the Notary Law, Deputy Minister Dang Hoang Oanh said that the Ministry of Justice is focusing on developing and submitting to the Prime Minister a plan for the implementation of the Law.
In addition, the plan includes communicating, disseminating, and training on the new contents of the Law; developing and submitting to the Government for promulgation a Decree amending and supplementing a number of articles of Decree No. 104/2025/ND-CP detailing a number of articles and measures for the implementation of the Notary Law; and issuing a Circular amending and supplementing a number of articles of Circular No. 05/2025/TT-BTP detailing a number of articles and measures for the implementation of the Notary Law.
Source: https://daibieunhandan.vn/thu-hep-pham-vi-cac-giao-dich-phai-cong-chung-10417419.html
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