Prohibited actions for notaries in Vietnam from July 1, 2025

Prohibited actions for notaries in Vietnam from July 1, 2025​ (Image from internet)

On November 26, 2024, the National Assembly of Vietnam passed the Law on Notarization No. 46/2024/QH15, which comes into effect on July 1, 2025, regulating notaries, notary practice organizations, notarial practice, notarization procedures, and state management of notarization.

What is a notary?

A notary is a person who meets the standards as prescribed by the Law on Notarization, appointed by the Minister of Justice to practice notarization and perform certain certification tasks according to the law on certification.

Criteria for appointing a notary

Persons meeting the following criteria are eligible for appointment as a notary:

- A Vietnamese citizen not over 70 years old;

- Resides in Vietnam, adheres to the Constitution and laws, has good moral character and secures the health to practice notarization;

- Holds a bachelor's degree in law, master's degree in law, or doctorate degree in law;

- Has at least 3 years of legal work experience in an agency or organization after obtaining a bachelor's, master's, or doctorate in law;

- Graduated from a notary training course;

- Satisfactorily passes the internship results assessment for notarial practice.

Thus, to become a notary, one must meet all criteria according to the Law and be appointed by the Minister of Justice.

(Clause 2, Article 2, Article 10 of the Law on Notarization)

Prohibited actions for notaries in Vietnam from July 1, 2025

Based on Clause 1, Article 9 of the Law on Notarization, the prohibited actions for notaries are as follows:

- Disclose information about the notarization content, except in cases where the person requesting notarization consents in writing or other legal provisions apply; using information about the notarization content to infringe on rights and legal interests of individuals, organizations, and the rights and interests of the State;

- Conduct notarization when the purpose, subject, or content of the transaction violates the law or social ethics; to induce or facilitate individuals to commit sham transactions or other deceitful acts;

- Notarize transactions related to assets or interests of themselves or their relatives, including spouses; biological parents, adoptive parents, parents-in-law; biological children, adoptive children, daughters-in-law, sons-in-law; paternal grandparents, maternal grandparents; siblings; siblings of the spouse; grandchildren as offspring of biological children or adoptive children;

- Harass, cause difficulties for the person requesting notarization; demand or accept money or other benefits from the requesting person beyond the notarial fee, service prices, and other costs already constituted, agreed upon, or ask/request money or other benefits from a third party to perform or not perform notarization;

- Coerce individuals or organizations to use their services; connive, collude with individuals, organizations to distort contents of the notarization request dossier, notarization dossiers;

- Spend money or other benefits, exert pressure, threaten, or conduct unlawful acts contrary to social ethics to gain advantage in notarization;

- Advertise on mass media about notaries and notarial practice organizations;

- Practice concurrently at two or more notarial practice organizations; simultaneously being a bailiff, lawyer, auctioneer, asset manager, legal consultant, price appraiser; working under an employment or labor contract at enterprises, cooperatives, unions of cooperatives, other agencies, organizations or engage in work that requires regular working hours during office times;

- Participate in managing enterprises, cooperatives, or unions of cooperatives outside notarial practice organizations; engage in brokerage, agency activities or share profits in a transaction notarized by themselves; conduct production, business activities, or provide services outside the scope of notarial and certification activities;

- Allow others to use their notary appointment decision and notary card;

- Invest wholly or co-invest with another notary to establish, or acquire all the contributed capital of all general partners of a Notary Office organized and operating under the form of a partnership company without becoming a general partner in the Notary Office; co-invest, partner, or cooperate with an organization or individual who is not a notary to establish, acquire full contributed capital of all general partners of a Notary Office organized and operating as a partnership company; invest to establish or purchase a Notary Office organized and operating as a private enterprise without becoming the Director of that Notary Office.

The Law on Notarization 2024 is effective from July 1, 2025.

Pham Thuy Duong

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