Principles and scope of electronic notarization in Vietnam from July 1, 2025

Principles and scope of electronic notarization in Vietnam from July 1, 2025 (Image from the Internet)

Principles and scope of electronic notarization in Vietnam from July 1, 2025

According to Article 62 of the Law on Notarization 2024, the principles and scope of electronic notarization are as follows:

- Electronic notarization is the act of conducting notarization via electronic means to create electronic notarization documents, adhering to the principles stipulated in Article 5 of the Law on Notarization 2024, specifically:

+ Compliance with the Constitution and the law.

+ Objectivity and honesty.

+ Adherence to the Code of Ethics on notarization practice.

+ Taking legal responsibility for notarization practice.

And the following principles:

+ Ensuring security, safety, data message protection, and information confidentiality as prescribed by law; information in such data message must be accessible and usable for reference;

+ Notary officers, and organizations conducting notarization services can provide electronic notarization services when fulfilling conditions as stipulated in Article 63 of the Law on Notarization 2024, such as:

“Article 63. Conditions for providing electronic notarization services

1. A notary is allowed to provide electronic notarization services when meeting the following conditions:

a) Possess an account for conducting electronic notarization;

b) Have a digital signature and use a timestamp service in accordance with the law on electronic transactions.

2. An organization providing notarization services is permitted to offer electronic notarization services when meeting the following conditions:

a) Possess an account for conducting electronic notarization;

b) Have a digital signature and use a timestamp service following the law on electronic transactions;

c) Have sufficient technical equipment to perform electronic notarization.”

- Based on the socio-economic conditions, the demand and ability to provide electronic notarization services in each period, the Government of Vietnam stipulates the scope of transactions to be notarized electronically.

The Government of Vietnam details Article 63 and Article 64 of the Law on Notarization 2024:

“Article 64. Electronic notarization documents

1. An electronic notarization document is an electronic certificate created according to the principles and scope prescribed in Article 62 of this Law.

2. An electronic notarization document is effective from the time it is signed by a digital signature of the notary and the organization's digital signature providing notarization services.

3. An electronic notarization document has legal validity as provided in clause 2 and clause 3 of Article 6 of this Law.

4. The conversion between electronic notarization documents and paper notarization documents is conducted according to the law on electronic transactions.

A converted notarization document is as valid as the original when it meets the conditions set by the law on electronic transactions, except for cases where the law stipulates that such documents transfer ownership and can exist in only one form.”

Note: According to clause 1, Article 3 of the Law on Notarization 2024, notarization is a public service conducted by notaries of notarization practice organizations to certify the authenticity and legality of transactions required by law to be notarized, mandated by the Government of Vietnam to be notarized, or voluntarily requested by individuals or organizations.

Diplomatic missions and consular offices of the Socialist Republic of Vietnam abroad are authorized to notarize transactions as stipulated in Article 73 of the Law on Notarization 2024.

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

Law on Notarization 2014 shall cease to be effective from the effective date of the Law on Notarization 2024, except for the provisions specified in clauses 1, 2, 3, 6, 7, 9, 11, 12, and 14 of Article 76 of the Law on Notarization 2024.

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