Some New Points of the 2024 Notarization Law
On November 26, 2024, the 15th National Assembly passed the 2024 Notarization Law. Accordingly, this law will take effect from July 1, 2025, and has regulations related to notaries, notarial practice organizations, notarial practice, notarization procedures, and state management of notarization, particularly in the digital environment. Through this article, TNTP provides readers with notable new points of the 2024 Notarization Law.
1. Regulations on electronic notarization
To align with the digital transformation trend and ensure consistency with current laws, the 2024 Notarization Law supplements provisions for electronic notarization. Accordingly, Article 63 of the law stipulates the conditions that notaries and notarial practice organizations must meet to provide electronic notarization services as follows:
● For Notaries:
– Having an account to conduct electronic notarization;
– Having a digital signature and using timestamping services as prescribed by electronic transaction laws.
● For Notarial Practice Organizations:
– Having an account to conduct electronic notarization;
– Having a digital signature and using timestamping services as prescribed by electronic transaction laws;
– Having adequate technical equipment to carry out electronic notarization.
Additionally, Article 65 of the 2024 Notarization Law defines different forms of electronic notarization, allowing individuals to flexibly choose the method that best suits their needs and circumstances, including:
– Direct electronic notarization: The notarization requestors enter into a transaction in the direct presence of the notary; the notary and the notarial practice organization certify the transaction using a digital signature to create an electronic notarization document;
– Online electronic notarization: The parties involved in the transaction are not present at the same location but enter into the transaction through an online platform under the direct supervision of a notary. The notary and the notarial practice organization certify the transaction using a digital signature to create an electronic notarization document.
2. Notary
The 2024 Notarization Law introduces several important changes:
2.1 Reduced legal work experience requirement
The 2014 Notarization Law required notaries to have at least five years of legal work experience at agencies or organizations after obtaining a law degree. However, the 2024 Notarization Law reduces this requirement to three years after earning a bachelor’s, master’s, or doctoral law degree.
2.2 Mandatory notarial training program
According to Clause 5, Article 10, and Clauses 2 and 3, Article 11 of the 2024 Notarization Law, provisions allowing certain individuals to be exempt from notarial training have been abolished. As a result, a 12-month notarial training program is now mandatory for all individuals who wish to become notaries. However, some specific cases can be qualified for a six-month training program, including:
– Individuals with at least five years of experience as judges, procurators, investigators, main court examiners, intermediate-level civil judgment enforcement officers, main civil judgment enforcement examiners, main prosecution inspectors, class II legal aid providers, main judicial inspectors, main legal specialists, main legal advisors, main researchers, or main lecturers in the legal field;
– Practicing bailiffs, lawyers, or auctioneers with at least five years of experience;
– Professors, associate professors specializing in law, and individuals with a doctoral degree in law;
– Individuals who have served as chief court examiners, chief civil judgment enforcement officers, chief civil judgment enforcement examiners, chief prosecution inspectors, class I legal aid providers, chief judicial inspectors, chief legal specialists, chief legal advisors, chief researchers, or chief lecturers in the legal field.
2.3 Age limit for notaries
If the 2014 Notarization Law did not impose an age limit on notarial practice, the 2024 Notarization Law sets the maximum age for a notary at 70. Specifically, according to Clause 1, Article 10, and Clause 1, Article 16 of the law, one of the conditions to be appointed as a notary is to be no more than 70 years old, and notaries will automatically be dismissed when they exceed this age.
In addition, Clause 5, Article 76 of the 2024 Notary Law stipulates a transitional provision for notaries who are over 70 years old as follows: “A notary who is over 70 years old and is practising notary on the effective date of this Law shall continue to practice notary for a period of 02 years from the effective date of this Law; a notary who is between 68 and 70 years old on the effective date of this Law shall be allowed to practice notary until he or she is 72 years old. Upon expiration of the above-mentioned period, the notary shall automatically be dismissed.”
3. Elimination of notarized translation requirement
Under the 2024 Notarization Law, documents translated from a foreign language into Vietnamese as well as from Vietnamese into a foreign language do not need to be notarized but only need to certify the translator’s signature according to the regulations on certification. Specifically, the provision on notarized translations has been removed, and Point c, Clause 1, Article 18 of the law states: “Notaries have the right to notarize transactions as prescribed by this Law and other relevant legal provisions; certify copies from the original, certify signatures in documents, papers, and certify the translator’s signature according to the provisions of the law on certification.”
4. Liability for compensation for damages in notarial activities
● Regarding liability for compensation for damages in notarial activities, the 2024 Notarization Law provides more detailed regulations on liability for compensation when a notarial practice organization is converted, merged or consolidated. Specifically, the successor notarial practice organization will be responsible for compensation on behalf of the predecessor organization. In the event that a notarial practice organization is dissolved or ceases to operate, the notary or employee causing the damage must be responsible for compensation, even if they are no longer working at that organization. Meanwhile, the 2014 Notarization Law does not stipulate liability for compensation in cases where a notarial practice organization is dissolved or merged, leading to a legal gap in protecting the rights of the injured party.
● The 2014 Notarization Law expands the scope of compensation liability of notary practice organizations for damages caused by the fault of notaries, employees, or interpreters who are collaborators. However, the 2024 Notarization Law does not mention the liability of interpreters in notarial activities, changing the scope of subjects responsible for compensation compared to previous regulations. In addition, the 2024 Notarization Law also stipulates more clearly the obligation to reimburse notaries and employees who cause damage. Whether or not they still work at the notary practice organization, they must still reimburse the amount of money the organization has compensated to the person suffering the damage. Meanwhile, the 2014 Notarization Law does not have specific regulations on the obligation to reimburse in cases where notaries and employees have terminated their labour contracts.
The 2024 Notarization Law introduces significant changes to enhance the quality of notarial services, adapt to digital transformation, and ensure professionalism among notaries. The introduction of electronic notarization provides greater convenience for individuals and businesses in the process of carrying out transactions, while adjustments to the conditions for practising as a notary contribute to improving the quality of the notaries. These updates demonstrate the government’s efforts to modernize the notarization system, meet practical requirements, ensure legal transparency, and enhance efficiency.
Best regards,