I. Legal basic

• Law on Notarization 2024
• Decree 104/2025/ND-CP

II. Some new points in the law on Notarization 2024

1. Judges, procurators, and lawyers with 5 years of experience are still required to undergo notary professional training
2. The apprenticeship period for notarial practice is uniformly set at 12 months
3. Notaries are prohibited from joining another notary office or establishing a new office within 2 years after withdrawing from a partnership
4. Electronic notarization will be implemented starting from July 1, 2025
5. Notaries may only practice until the age of 70
6. Former notaries are still liable for compensation for damages caused during their practice
7. Notaries are allowed to purchase professional liability insurance
8. Photographic documentation of the notary witnessing the signing of documents is required

III. Regulation on photographing the notary witnessing the signing of notarized documents

Pursuant to Article 46 of Decree No. 104/2025/NĐ-CP (which takes effect on July 1, 2025), the regulation on photographing the notary witnessing the signing of the notarized document is as follows:

1) Photographing the notary witnessing the signing of the notarized document is mandatory, unless otherwise provided by law. The notarization photo must meet the following requirements:

• Clearly identify both the signer and the notary
• The image must be clear, durable, not easily faded, and must not be cropped, edited, or altered in any way (including adding or removing details or changing the background)
• The photo may be printed in color or black and white on A4 paper; if printed on specialized photo paper, the minimum size is 13cm x 18cm

2) If the signer is unable to sign and must use a fingerprint instead, the photo must still be taken in accordance with the provisions set out in Section 1.

3) If there is a witness or an interpreter, the photo capturing the moment they sign or affix a fingerprint in the presence of the notary shall also be taken in accordance with the provisions set out in Sections 1 and 2.

4) If multiple individuals sign at the same time and place, photos may be taken separately or together, provided that the signers and the notary are clearly identifiable. The photo must meet the requirements specified in Section 1. If the signing takes place at different times or locations, photos must be taken corresponding to each specific time and place, and must comply with the requirements in Section 1.

5) The photograph is a component of the notarization file and may only be stored and used in accordance with regulations on the storage of notarization records.

6) In necessary cases, the notarization requester and the notary may agree to record a video of the signing process. This video footage shall also be considered a component of the notarization file and shall be stored and used in accordance with relevant regulations. 

7) The above regulations on photography shall apply similarly to the electronic notarization process.

IV. Cases eligible for off-site notarization

Pursuant to Article 46 of the 2024 Law on Notarization, notarization must be carried out at the notarial office of the notarial practice organization. However, in certain cases, the person requesting notarization may have it conducted outside the office, as specifically provided below:

– Making a will on the spot in accordance with the provisions of the 2015 Civil Code

– Unable to travel due to health reasons, currently undergoing inpatient treatment, or under quarantine as directed by a medical facility

– Being held in custody or temporary detention; serving a prison sentence; subject to administrative handling measures

– Other legitimate reasons as prescribed by the Government, including:

• Pregnant women or those nursing a child under 12 months old
• Elderly persons, persons with disabilities, or those with mobility difficulties
• Persons performing duties in the People’s Public Security or People’s Army forces, or those holding official responsibilities or carrying out assigned tasks at the request of the agency, organization, or enterprise they work for, where leaving their position would affect the assigned duties, tasks, or responsibilities they are undertaking
• Cases of force majeure or objective obstacles in which the notarization requester is unable to go to the notarial practice organization

V. Conclusion

From July 1, 2025, photographing the notary witnessing the signing of the document will become a mandatory procedure in accordance with Decree No. 104/2025/ND-CP, marks an important step forward in enhancing transparency, security, and legal evidentiary value in notarial activities.Along with other reforms in the 2024 Notarization Law, such as the implementation of electronic notarization, age limits for notarial practice, and mandatory professional liability insurance for notaries, Vietnam’s notarial system is increasingly being improved to meet practical demands and align with international integration. For individuals, organizations, and businesses that frequently engage in notarized transactions—especially foreigners or Vietnamese citizens living abroad—understanding these changes is essential to ensure lawful procedures and avoid disruptions.

VI. About Us, Hankuk Law Firm

■ Hankuk Law Firm – Introduction

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