Notarization of real estate transactions within provinces and cities

CAO NGUYÊN |

Notaries of practicing organizations are only allowed to notarize transactions with real estate content within the province or city where the organization is headquartered.

The National Assembly has passed the Law amending and supplementing a number of articles of the Law on Notarization. The Law takes effect from January 1, 2027.

The law stipulates that transactions that must be notarized are important transactions, requiring strict participation conditions, a high level of legal safety and required by specialized laws to carry out notarization.

According to the law, notaries of notary practice organizations are only allowed to notarize transactions with real estate content within the province or city where the organization is headquartered.

Exceptions apply to notarization of wills, documents refusing to receive inheritance, power of attorney related to real estate rights and the amendment, supplementation, termination, cancellation of these transactions according to regulations.

The Government believes that this regulation is consistent with the current notarization model, in which notaries are responsible for the authenticity and legality of transactions, including checking and verifying the legal status and reality of real estate when necessary.

At the same time, the law expands the authority of notarization not according to jurisdiction for transactions without direct real estate content, allowing implementation nationwide, associated with the condition of the notary database system and related databases.

The law stipulates that the notary database includes information about notaries, notary practice organizations, notarized transactions; transaction status of assets; information on risk prevention and warning measures; along with notarized documents and related documents in the dossier.

This database must be fully, accurately, promptly updated and ensure security and safety. Data collection, provision, exploitation, use and sharing must comply with regulations on information security, protection of privacy, personal and family secrets.

The connection and data sharing between notary databases and national, ministerial, sectoral, local databases and related systems must ensure safety and be consistent with functions and tasks.

The Ministry of Justice is responsible for building a synchronous and unified notary database from central to local levels according to standards and technical regulations nationwide.

The cost of building, managing, operating, maintaining, and upgrading the notary database is used from the state budget and other sources according to the provisions of law.

CAO NGUYÊN
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