Ministry of Justice clarifies whether land and house purchase deposit transactions are notarized or not

Minister of Justice Hoang Thanh Tung signed a report on receiving and initially explaining the opinions of National Assembly deputies discussing the draft law amending and supplementing a number of articles of the Law on Notarization.

Accordingly, regarding the authority to notarize real estate transactions mentioned in Article 44 of the Law on Notarization, it is amended and supplemented according to Clause 13, Article 1 of the draft Law.

The report clearly stated that many National Assembly deputies (NA deputies) basically agreed with clearly defining and expanding the scope of notarized real estate transactions regardless of administrative boundaries according to an appropriate roadmap.

In addition, some opinions suggested not immediately expanding the scope of real estate transactions that are notarized regardless of administrative boundaries in the draft Law, but assigning the Government to stipulate the roadmap for implementing this authority to ensure feasibility, in accordance with the current practice of building notarized databases (CSDLCC), ensuring legal safety for real estate transactions.

Regarding this issue, the Ministry of Justice said that compared to the Law on Notarization in 2024, the draft Law has narrowed the scope of transactions that need to be notarized according to jurisdiction, such as transactions without direct subjects being real estate (for example, power of attorney contracts related to real estate, transfer contracts, real estate purchase and sale contracts... ) are not required to be notarized according to jurisdiction to create convenience for people and businesses without affecting ensuring the authenticity and legality of transactions.

At the same time, the draft Law also stipulates "The Government shall stipulate the roadmap for exercising the authority to notarize transactions according to the provisions of this Article nationwide after the CSDLCC specified in Article 66 of this Law is put into operation and the relevant CSDL is announced by the managing agency of the CSDL".

Thus, the notarization of real estate transactions regardless of administrative boundaries will be carried out in a cautious manner, when the CSDLCC and related CSDL are fully operated, ensuring legal safety for transactions, ensuring strictness and feasibility of notarization procedures.

In addition, some opinions suggested clarifying whether deposit transactions for buying and selling, transferring real estate belong to the group of transactions that "must be notarized"?

According to the Ministry of Justice, the issue of transactions that must be notarized is regulated in Article 3 of the 2024 Law on Notarization, and the regulation in Article 44 of the 2024 Law on Notarization (amended and supplemented in Clause 13, Article 1 of the draft Law) is a regulation on notarization authority for specific types of transactions.

This regulation does not set a requirement that deposit transactions for buying and selling, transferring real estate must be notarized.

In case subjects voluntarily request notarization for this type of transaction, notarization falls under the notary's authority of the notary of the notary practice organization headquartered in the province or city where the real estate is located.

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