Key highlights of Decree No. 104/2025/ND-CP guiding the implementation of the 2024 Law on Notarization
Decree No. 104/2025/ND-CP (“Decree 104”) was issued by the Government on May 15, 2025 and officially comes into effect as of July 1, 2025, fully replacing Decree No. 29/2015/ND-CP (“Decree 29”). The following article consolidates the most notable new points to help enterprises, notarial practice organizations and relevant individuals actively access and implement the necessary actions in accordance with the law.
1.Converting Notary bureaus into Notary offices
A Notary bureau is a public non-business unit under the provincial-level Justice Department and must satisfy the conditions set out under Clause 2 Article 20 of the 2024 Law on Notarization. Meanwhile, a Notary office is a notarial practice organization established by notaries, typically organized and operated as a partnership or a private enterprise. The policy of converting Notary bureaus into Notary offices has been implemented by the State in recent years in order to socialize notarial services, increase competitiveness and improve service efficiency. However, in practice, the conversion process has encountered many difficulties, particularly concerning criteria for selecting transferees, determining the financial value for conversion and ensuring the rights and interests of civil servants and public employees currently working at the Notary bureaus.
Decree 104 is expected to resolve these difficulties by providing specific regulations on the conditions, order, procedures and roadmaps for conversion. One of the important contents of Decree 104 is its regulation of the roadmap for converting from Notary bureaus into Notary offices. In this respect, the valuation of financial obligations for conversion will be based on the average annual state budget revenue and tax obligations of the Notary bureaus over the past three years. This regulation establishes a transparent mechanism for conversion while enabling notaries to proactively plan their work.
Regarding the subject eligible to take over the conversion: Notaries currently working at the Notary bureaus will be given priority in the conversion, provided they meet the required financial and professional qualifications. In cases where there are no eligible notaries as per Clause 2 Article 23 of the 2024 Law on Notarization or where the eligible notaries refuse the conversion, the conversion shall be implemented via auction of the right to receive the conversion. Clause 1 Article 9 of Decree 29 provided specific conditions for participants in the auction of the conversion right of Notary bureaus. However, the 2024 Law on Notarization and Decree 104 do not specify these conditions, making it difficult to determine the eligibility of auction participants and winners of the right to receive conversion.
The roadmap for conversion is detailed in Article 15 of Decree 104, under which all Notary bureaus must complete the conversion or dissolution process within the period from 2025 to the end of 2028. If conversion is not carried out within the deadline, the Notary bureaus shall be dissolved in accordance with legal regulations. This requires notaries currently working at Notary bureaus to prepare appropriate plans to continue their practice following the conversion deadline.
2.Electronic notarization
One of the standout features of Decree 104 is the comprehensive and detailed guidance on electronic notarization – a new content introduced and brought into effect by the 2024 Law on Notarization. From Articles 47 to 54, Decree 104 establishes the official legal framework for electronic notarization, including the following aspects: (i) Scope of transactions eligible for electronic notarization; (ii) Conditions for providing electronic notarization services; (iii) Conditions for using electronic notarization services; (iv) Electronic notarization platforms and the reference portal for notarial data; (v) Procedures and other detailed instructions.
The detailed and synchronized regulations on electronic notarization in Decree 104 mark a significant step forward, aligning with the national digital transformation context, helping save time and costs and facilitating convenience for individuals and businesses who are remote or unable to physically visit notarial locations. Notarial practice organizations should promptly prepare appropriate technical infrastructure, human resources and professional processes to implement electronic notarization in compliance with regulations, while also supporting clients to access these services in a safe and efficient manner amid ongoing digitalization.
3.Other notable provisions
3.1 Mandatory photographing of the notary witnessing the signing of notarized documents
Article 46 of Decree 104 provides detailed instructions on photographing the notary together with the person requesting notarization at the time of document signing. Accordingly, photographing the notary witnessing the signing of the notarized document, as stipulated in Clause 1 Article 50 of the 2024 Law on Notarization, is mandatory. The photograph must be clear and demonstrate that the signing took place in reality, with the correct individuals at the correct time.
This regulation is intended to ensure authenticity, support inspection, dispute resolution and prevent signature forgery. Notarial organizations must prepare suitable photographic equipment and data storage procedures in accordance with data privacy and security regulations.
3.2 Off-site notarization in cases of valid justification
Article 43 of Decree 104 provides a clearer definition of cases in which notarization may be conducted outside the office premises, pursuant to Point d Clause 1 Article 46 of the 2024 Law on Notarization, with the aim of facilitating access for vulnerable individuals. Specifically, the list includes: the elderly, persons with disabilities, pregnant women, individuals undergoing medical treatment or those who are immobile,…
Compared to previous vague provisions, this new regulation clarifies what constitutes “justified reason” thereby providing a clear legal basis for notarial organizations to assess and execute such requests. At the same time, it helps the public more easily access notarial services regardless of personal circumstances.
3.3 Mandatory purchase of professional liability insurance
Decree 104 continues to uphold the requirement of professional liability insurance for notaries, while also introducing more detailed and explicit provisions compared to previous regulations. Specifically, notarial practice organizations are required to purchase insurance for each notary with a minimum premium of VND 3 million per year; the minimum insured amount is VND 400 million per incident, along with other detailed guidelines regarding the relationship between notarial organizations and insurance enterprises, principles, dossiers and claim settlement procedures.
With the new regulations under Decree 104, the legal framework on professional liability insurance is now clearer and more enforceable, contributing to the protection of notarial service users’ rights, enhancing notary responsibility and mitigating legal risks arising from notarial practice. Notarial organizations should promptly review and adjust current insurance contracts to ensure full compliance with the law.
The above is the article titled “Key highlights of Decree No. 104/2025/ND-CP guiding the implementation of the 2024 Law on Notarization” by TNTP. The article focuses on the core contents aimed at assisting in the accurate understanding and implementation of new legal provisions. We hope this information proves useful for organizations and individuals practicing or seeking notarial services.
Sincerely,
