Some New Points of the 2024 Law on Notarization

After 10 years of implementing the 2014 Law on Notarization, the 2024 Law on Notarization officially takes effect on July 1, 2025, with many significant amendments and supplements. The new law consists of 8 chapters and 76 articles, a reduction of 2 chapters and 5 articles compared to the current law. Some notable amendments are as follows:

1. Abolishment of the Notarization Request Form from the Dossier Components

To facilitate individuals requesting notarization, the 2024 Law on Notarization abolishes the requirement to submit the "Notarization Request Form" in the dossier for notarization of pre-drafted contracts and transactions. Accordingly, from the effective date of the law, the dossier for notarization of contracts and transactions shall consist of 04 types of documents (details to be guided by competent authorities).

Previously, the Notarization Request Form was a mandatory document in notarization dossiers, although there was no unified compulsory form prescribed in the legal system. This form required only basic information such as the full name and address of the requesting party; the content to be notarized; a list of accompanying documents; the name of the notarial practice organization receiving the dossier; the name of the person receiving the dossier; and the time of dossier receipt. Failure to submit or incomplete submission of the Notarization Request Form could result in administrative sanctions ranging from VND 1 million to VND 7 million, in accordance with Decree No. 82/2020/ND-CP.

2. Specific Regulations on Off-Premises Notarization

According to Article 46 of the 2024 Law on Notarization, notarization shall be conducted at the office of the notarial practice organization, except for the following cases where notarization may be conducted off-premises:

Notarization of wills made at the residence of the testator in accordance with the Civil Code;

The person requesting notarization is unable to travel due to health reasons; is undergoing inpatient treatment or is under quarantine as prescribed by a competent medical authority;

The person requesting notarization is being held in custody or detention; is serving a prison sentence; is subject to administrative measures;

Other legitimate reasons as prescribed by the Government.

Specifically, pursuant to Clause 1, Article 43 of Decree No. 104/2025/ND-CP, detailing several articles and implementation measures of the Law on Notarization, "other legitimate reasons" include:

a) Women who are pregnant or nursing a child under 12 months old;

b) Elderly persons, persons with disabilities, or persons with mobility difficulties;

c) Persons performing duties in the People's Armed Forces, the People's Public Security Forces, or those performing assigned work at agencies, organizations, or enterprises where leaving the workplace may affect their assigned tasks or responsibilities;

d) Other force majeure or objective obstacles preventing the person from going to the notarial practice organization.

Off-premises notarization must be conducted at a specific address suitable for the reason for off-premises notarization.

3. Age Limit for Notarial Practice

Article 10 of the 2024 Law on Notarization provides the criteria for appointment of notaries, stipulating that candidates for appointment must be Vietnamese citizens not exceeding 70 years of age. A notary shall automatically be relieved from office upon reaching 70 years of age.

For notaries who have exceeded 70 years of age at the effective date of the Law but are still practicing, they may continue practicing for a maximum period of 02 years from the effective date of the 2024 Law on Notarization; after such time, they shall automatically be relieved from office.

4. Abolishment of Training Exemptions for Certain Legal Professionals

The 2024 Law on Notarization abolishes exemptions from notarial training for individuals with advanced legal qualifications. Accordingly, all individuals seeking appointment as notaries must attend a notarial training course. Specifically:

The notarial training period is 12 months for persons without prior legal experience;

Individuals who have served as judges, procurators, investigators for 5 years or more; practicing lawyers for 5 years or more; professors, associate professors in law; doctors of law; senior court examiners; senior procuracy examiners; senior legal experts, senior legal researchers, senior legal lecturers must attend a shortened notarial training course of 06 months.

The notarial training institutions shall be designated by the Government. The Minister of Justice shall have the authority to stipulate the notarial training framework program and recognize equivalency for persons who have completed notarial training programs abroad.

Compared to previous regulations, these responsibilities were previously under the sole authority of the Minister of Justice.