(kontumtv.vn) – Continuing the 8th Session, on the afternoon of November 26, the National Assembly passed the Notary Law (amended) with 450/453 delegates in favor. The Notary Law (amended) consists of 8 chapters and 76 articles, effective from July 1, 2025.

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The National Assembly voted to pass the Law on Notarization (amended). Photo: Doan Tan/VNA

The Law on Notarization (amended) stipulates notaries, notary practice organizations, notary practice, notarization procedures and state management of notarization.

The summary report on explanation, acceptance and revision of the draft Law on Notarization (amended) by the Standing Committee of the National Assembly shows that the provisions on criteria for transactions that must be notarized as in the draft Law are appropriate because the Law on Notarization is a formal law, and it is not advisable to specifically stipulate transactions that must be notarized in the Law to avoid duplication with the provisions of specialized laws. However, the Law needs to stipulate general criteria to avoid each specialized legal document determining transactions that must be notarized according to different criteria, leading to inconsistency or possible abuse, affecting the rights and legitimate interests of organizations and individuals.

Based on the partial acceptance of the Government's opinion, the National Assembly Standing Committee proposed to amend the provisions in Clause 1, Article 3 of the draft Law as follows: "A transaction that must be notarized is an important transaction that requires a high level of legal security and is prescribed by law or the law assigns the Government to prescribe that it must be notarized."

This regulation has the advantage of being consistent with the conclusions of competent authorities, promptly implementing the policy of innovation in legislative thinking and the direction of the National Assembly Chairman in Official Letter No. 15/CTQH dated October 29, 2024. Ensuring harmony between the requirements for consistency of the legal system, strict control of notarized transactions and ensuring the stability of the law, flexibility, and meeting practical requirements. Maintaining stability of the regulations on notarized transactions currently stipulated in the Government's decree, avoiding the situation of "legalizing" the regulations of decrees and circulars.

In addition, the Standing Committee of the National Assembly proposed to maintain the content in Clause 13, Article 76 of the draft Law because currently, notarized transactions are regulated in laws, decrees, and circulars; therefore, it is necessary to review to amend, supplement or abolish within a certain period of time to meet the criteria specified in the Notary Law. At the same time, add transitional provisions for the provisions on notarized transactions in the decree issued before the effective date of the Notary Law (amended) that are not assigned by law to the Government but meet other requirements specified in Clause 1, Article 3 of the Notary Law (amended) and the provisions on notarized transactions in the decree issued to handle the review results according to the provisions in Clause 13, Article 76 of the Notary Law (amended) are still effective to ensure the stability and strictness of the legal system.

Regarding the regulations on records, procedures and formalities related to notary activities and the content of state management of notary activities, the Standing Committee of the National Assembly found that, in order to promptly implement the policy of innovation in legislative thinking and direction of the National Assembly Chairman in Official Letter No. 15/CTQH, on the basis of absorbing the opinions of National Assembly deputies, it is proposed to remove the regulations on records, procedures and formalities in notary activities in the draft Law submitted to the National Assembly at the beginning of the 8th Session. At the same time, it is necessary to supplement the regulations assigning the Government to specify the above contents in detail according to its authority to ensure flexibility, timely amendments and supplements when necessary, facilitating decentralization in accordance with practice and meeting the requirements of administrative procedure reform.

Regarding the Government's proposal to retain two articles on state management, the National Assembly Standing Committee noted that some of the state management contents on notarization that the Government proposed to retain have been specifically regulated in specialized laws, so it is not necessary to re-regulate them in the Notarization Law to avoid duplication; some specific state management contents on notarization activities have been drawn into appropriate specific articles of the draft Law. Therefore, taking into account part of the Government's opinion, the National Assembly Standing Committee would like to supplement Article 8 with a principled provision on the state management responsibilities of the Government, the Ministry of Justice, ministries, ministerial-level agencies, and provincial People's Committees on notarization, ensuring compliance with the provisions of Clause 2, Article 39 of the Law on Organization of the Government.

Thus, after receiving and revising, the draft Law has cut 2 chapters, 3 articles and 5 clauses in some specific articles compared to the draft Law submitted to the National Assembly at the beginning of the 8th Session.

Regarding professional liability insurance for notaries, the National Assembly Standing Committee proposed that the National Assembly keep the provision on professional liability insurance for notaries as a compulsory type of insurance as stated in Article 39 of the draft Law.

In addition to the above issues, the National Assembly Standing Committee has directed research and fully absorbed the opinions of National Assembly deputies to revise and perfect the draft Law in terms of both content and technical documents to submit to the National Assembly for consideration and approval.

Hanh Quynh (Vietnam News Agency)