Narrowing the scope of transactions subject to notarization, directly reducing 6 types of transactions

Vương Trần |

The Law amending and supplementing a number of articles of the Law on Notarization narrows the scope of transactions subject to notarization, increasing the number of transactions that are voluntarily notarized.

On the afternoon of May 13, the Presidential Office held a press conference to announce the President's Order announcing the laws passed by the 16th National Assembly at the first session.

At the press conference, Deputy Minister of Justice Dang Hoang Oanh exchanged some new points of the Law amending and supplementing a number of articles of the Law on Notarization.

This Law has amended the regulations on transactions that must be notarized (GDPCC) in order to narrow the scope of these transactions. Accordingly, amending Clause 1, Article 3 in the direction of not listing GDPCC in the Law on Notarization but only specifying more clearly the criteria for determining GDPCC (supplementing the criterion "requiring strict transaction participation conditions", removing the phrase "or the law assigns the Government to regulate").

The revision according to this option both helps narrow the scope of GDPCCs and clarifies the mandatory criteria for GDPCCs without being duplicated or conflicting with relevant laws.

Thứ trưởng Bộ Tư pháp Đặng Hoàng Oanh trao đổi một số điểm mới của Luật sửa đổi bổ sung một số điều của Luật Công chứng. Ảnh: Trần Vương
Deputy Minister of Justice Dang Hoang Oanh exchanges some new points of the Law amending and supplementing a number of articles of the Law on Notarization. Photo: Tran Vuong

This regulation directly reduces 6 types of GDPCC, increases the number of voluntary notarized transactions as required, creates convenience, reduces compliance costs for organizations and individuals, and at the same time, other laws when regulating GDPCC must be fully evaluated, ensuring that GDPCC meets all the criteria prescribed by the Law on Notarization.

The amended Law stipulates the authority to recognize equivalence for people trained in notary profession abroad, appoint, reappoint, and dismiss notaries (CCV) in the direction of thoroughly delegating authority to localities.

In which, it is clearly stipulated in the Law on the authority to recognize equivalent training in notary profession abroad of the Chairman of the Provincial People's Committee or transfer from the power of the Minister of Justice to the authority of the Chairman of the Provincial People's Committee (for the appointment, reappointment, and dismissal of CCVs).

The Law amends a number of regulations on notary practice organizations to be consistent with the 2-level local government model, while creating more favorable conditions for the operation of Notary Offices in the context of promoting full online public services.

The law stipulates the use of alternative data when resolving notarization request dossiers. Accordingly, in cases where there are data on information in the components of the notarization request dossier in databases disclosed by the database management agency, the notarization requester is not required to provide documents containing that information but can self-extract data to provide to the CCV.

CCVs are only allowed to request the notary requester to supplement documents in the composition of the notarization request dossier in cases where information cannot be extracted within the time limit for resolving the notarization request or the extracted information is incomplete or inaccurate.

In particular, the amended Law stipulates the authority to notarize real estate transactions, clarifying the type of transactions that need to be notarized according to jurisdiction, narrowing the scope of transactions that need to be carried out according to jurisdiction, and at the same time assigning the Government to stipulate the roadmap for implementing transaction notarization authority according to the provisions of this article.

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

Vương Trần
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