I. Legal basis

• 2026 Law on Notarization (Amended)
• Decree No. 121/2025/ND-CP
• 2024 Law on Notarization

II. Amendments to the definitions of notarization and notaries

Notarization is a public service performed by a notary of a notarial practice organization to certify the authenticity and legality of a written transaction (hereinafter referred to as a “transaction”) that is required by law to be notarized or for which an individual or organization voluntarily requests notarization.

The diplomatic missions and consular offices of the Socialist Republic of Viet Nam abroad shall perform notarization of transactions in accordance with Article 73 of the 2026 Law on Notarization (Amended).

A notary is a person who satisfies the qualifications prescribed by this Law and is appointed by the Chairperson of the People’s Committee of a province or centrally governed city (hereinafter collectively referred to as the “provincial-level People’s Committee”) to practice notarization and perform certain certification functions in accordance with the law.

Accordingly, the new provisions expressly clarify that notarization must be conducted in respect of written instruments (a requirement that was not expressly stipulated under the previous law). In addition, the 2026 Law on Notarization (Amended) transfers the authority to appoint notaries from the Minister of Justice to the Chairperson of the provincial-level People’s Committee, in line with the current policy on decentralization and delegation of authority as set out in Decree No. 121/2025/ND-CP.

III. Transfer of authentication authority

The 2026 Law on Notarization (Amended) transfers the authority to certify a number of transactions from the Chairperson of the commune-level People’s Committee to notarial practice organizations.

Specifically, provincial-level People’s Committees are vested with the authority to consider and decide on the transfer of the authority to certify transactions from the Chairpersons of commune-level People’s Committees to notarial practice organizations. However, such transfer shall not be implemented universally; rather, it shall only be carried out in commune-level localities where notarial practice organizations have been established and possess sufficient capacity to meet the notarization needs of individuals and organizations in accordance with the law. This measure is intended to further promote the socialization of notarization services while reducing the administrative workload of commune-level authorities.

IV. Establishing general criteria for determining transactions subject to mandatory notarization

The 2026 Law on Notarization (Amended) revises and supplements Article 3 by moving away from prescribing a specific list of transactions subject to mandatory notarization and instead establishing general criteria for determining which transactions are required to be notarized. Specifically:

• Transactions subject to mandatory notarization are those required by law to be notarized, including transactions involving the sale, transfer, donation, division of inherited property, capital contribution, or mortgage of real estate between individuals, or between an individual and an organization not engaged in real estate business activities; wills made by persons with physical disabilities or by illiterate persons; and other transactions of a significant nature that require stringent conditions for participation and a high degree of legal certainty and security.
• The Ministry of Justice shall be responsible for reviewing, updating, and publishing the list of transactions subject to notarization or certification on its official web portal.
• For transactions specified in Clause 1 of this Article, where the relevant specialized law does not require notarization, such transactions shall be governed by the provisions of that specialized law.

Accordingly, this approach not only helps narrow the scope of transactions subject to mandatory notarization (by removing six categories of transactions currently required to be notarized under Government decrees), but also mitigates the risk of overlap and inconsistency with specialized legislation. As a result, it facilitates compliance, reduces legal compliance costs for organizations and individuals, and enhances the transparency and stability of the legal system.

The new law also expressly assigns responsibility to the Ministry of Justice to take the lead, in coordination with relevant ministries and sectors, in reviewing, updating, and publishing the list of transactions subject to mandatory notarization on its official electronic information portal.

V. Notaries are prohibited from requiring signatories to both sign and affix their fingerprints

Previously, Clause 4, Article 50 of the 2024 Law on Notarization provided that fingerprinting could be carried out concurrently with signing in the following cases:

• Notarization of wills;
• At the request of the notarization applicant;
• Where the notary deemed it necessary to protect the rights and interests of the person requesting notarization.

However, under the amendments introduced by the 2026 Law on Notarization (Amended), fingerprinting may only be carried out concurrently with signing upon the request of the person requesting notarization. Accordingly, notaries are no longer permitted to require clients to both sign and affix their fingerprints unless such requirement is requested by the notarization applicant.

VI. About Us, Hankuk Law Firm

■ Hankuk Law Firm – Introduction

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