Conditions for using electronic notary services

ANH HUY |

According to Decree 104/2025/ND-CP, electronic notarization is directly applied to all civil transactions.

The Government has issued Decree 104/2025/ND-CP detailing a number of articles and measures to implement the Notary Law.

Effective from July 1, 2025, Decree 104/2025/ND-CP stipulates that electronic notarized documents are created directly in the electronic environment according to the electronic notarization process in person or online.

Notarized documents converted into electronic documents according to the provisions of the Notarization Law and the law on electronic transactions, with the digital signature of notaries and the digital signature of notary organizations are also considered electronic notarized documents.

According to Decree 104/2025/ND-CP, electronic notarization is directly applied to all civil transactions.

Online electronic notarization is applied to civil transactions, except for wills and civil transactions which are other unilateral legal acts.

The diplomatic representative agency shall notarize electronic documents for transactions as prescribed in Clause 1, Article 73 of the Notary Law.

Decree 104/2025/ND-CP also clearly states that accounts to conduct electronic notarization of notaries, notary organizations, and diplomatic officials must be created on an electronic notary platform that meets the provisions of Article 51 of this Decree and relevant legal provisions.

Digital signatures using timestamp services to perform electronic notarization of notaries, notary organizations, diplomatic missions, and diplomatic missions are provided by organizations providing reliable services in Vietnam according to the provisions of Vietnamese law.

Notaries and notary organizations must register their digital signatures to hold electronic notarization at the Department of Justice where the notary organization registers its activities.

Notary organizations providing electronic notary services must ensure conditions for computers, network communication, electronic equipment and other necessary conditions.

The provision of electronic notary services at the diplomatic representative agency shall be carried out in accordance with the actual conditions of that diplomatic representative agency.

In addition, participants in electronic notary transactions using public digital signatures provided by Vietnam's public digital signature certification service provider in accordance with Vietnamese law or foreign digital signatures and digital signature certificates recognized in Vietnam, unless otherwise provided by law.

Organizations and individuals participating in electronic notary transactions can register an account using electronic notary services on the electronic notary platform or be authenticated for a digital signature certificate via the VNelD application or another application at the time of participating in the transaction to synchronize the account and issue a digital signature certificate according to the provisions of law.

Notaries and notary organizations are obliged to guide organizations and individuals to register for accounts using electronic notary services and comply with relevant legal regulations.

ANH HUY
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