Guidelines for notarizing pre-drafted transactions in Vietnam from July 1, 2025

Guidelines for notarizing pre-drafted transactions in Vietnam from July 1, 2025​ (Image from the Internet)

Guidelines for notarizing pre-drafted transactions in Vietnam from July 1, 2025

According to the provisions of Article 42 of the Law on Notarization 2024, the notarization of pre-drafted transactions in Vietnam is carried out as follows;

- The applicant for notarization submits one set of notarization request documents online, directly, or by mail to the notarial practice organization. The notarization request documents include the following papers:

+ Draft transaction;

+ A copy of the applicant's identity documents, including identity card or passport or other papers to identify the applicant according to legal regulations;

+ A copy of the ownership certificate, usage rights certificate of property, or court judgment, decision, or other decision by a competent state agency regarding asset handling, or substitute papers prescribed by law for properties where registration of ownership or usage rights is required by law in cases involving such properties;

+ Other relevant documents required by law for the transaction.

In cases where the notarial practice organization has extracted information as stipulated at points b, c, and d of clause 1, Article 42 of the Law on Notarization 2024 from the National Database on Population and other databases as regulated by law, the applicant for notarization is not required to submit these documents but must pay a data extraction fee as prescribed by law for the notarial practice organization to extract the data.

- The notary checks the documents submitted with the notarization request, if the documents are complete and comply with legal regulations, they are accepted for processing; if declined, a direct explanation of the reasons or a written response with clear reasons is provided to the applicant for notarization.

- The notary guides and explains to the applicant for notarization their legal rights, obligations, and benefits, as well as the meaning and legal consequences of participating in the transaction.

- If there are grounds to suspect that the notarization request documents have unclear issues, signs of coercion in participating in the transaction, doubts about the civil capacity of the applicant for notarization, or the object of the transaction is not specifically described, the notary requests clarification from the applicant or may verify or request an assessment as proposed by the applicant; if the applicant fails to clarify and refuses verification or assessment, or after verification and assessment the issues remain unclear, the notary refuses notarization.

- The notary reviews the draft transaction. If the draft contains clauses violating legal regulations, contrary to social ethics, or the transaction's object is inappropriate according to the law, the notary must specify for the applicant to amend; if the applicant does not amend, the notary refuses notarization.

- The applicant reads the draft transaction by themselves or the notary reads it to the applicant upon request.

- If the applicant agrees with the entire content of the draft transaction, they sign each page of the transaction and sign, fill in their full name, and apply the organization's stamp (if any) on the last page of the transaction; in the case of fingerprinting, it is done according to the provisions of Article 50 of the Law on Notarization 2024. The notary requires the applicant to present the originals of the documents specified at points b, c, and d of clause 1, Article 42 of the Law on Notarization 2024 for verification before signing the testimony and each page of the transaction; regarding the documents specified at point d clause 1 Article 42 that the applicant does not have the original at the time the notary signs, a copy from the original book or a certified copy may be presented.

- The notarial practice organization records the notarial document number, stamps, returns the original notarized document to the applicant, enters it into the notarization register, and preserves the notarization dossier according to the provisions of Article 68 of the Law on Notarization 2024 and other relevant legal regulations.

Refer to more details in the Law on Notarization 2024 effective from July 1, 2025.

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