Proposal to allow notarization of real estate regardless of administrative boundaries

The Ministry of Justice has just publicly disclosed documents appraising the draft Decree amending and supplementing a number of articles of Decree No. 104/2025/ND-CP of the Government detailing a number of articles and measures to implement the Law on Notarization.

Notably, the draft Decree supplements Article 42a stipulating that CCVs of notary practice organizations are allowed to notarize all transactions with real estate objects nationwide from July 1, 2028.

Explaining this proposal, the Ministry of Justice said that currently, the database on housing and the real estate market officially started to be announced and operated from March 1, 2026 according to Decree No. 357/2025/ND-CP.

In addition, it is expected that by the end of 2027, the National Information System and the National Database on Land will be basically completed.

The notary database is also being built and is expected to be put into operation in 2027.

After the notary database and related databases are completed in 2027, more time is needed to connect these databases together.

Therefore, the draft Decree stipulates that CCVs of notary practice organizations are allowed to notarize all transactions with real estate objects nationwide from July 1, 2028 - the time when the databases have been put into operation and have the ability to connect.

In addition, the draft Decree supplements a case considered to have a legitimate reason for notarization outside the headquarters, specifically the case of a transaction whose object is assets worth 1 billion VND or more and the signing of the transaction is carried out concurrently with the handover of assets or important dossiers and documents directly related to the transaction that the handover needs to be carried out outside the headquarters of the notary organization.

At the same time, the draft Decree supplements 1 clause stipulating that in case one of the parties participating in the transaction is subject to notarization outside the headquarters, the remaining parties can come to the location outside that headquarters to carry out notarization.

The above-mentioned amended and supplemented regulations are aimed at creating more favorable conditions for parties participating in transactions, while still ensuring the basic principle of performing notarization at headquarters and allowing notarization outside headquarters for necessary and reasonable cases.

According to the Ministry of Justice, the draft Decree is expected to be submitted to the Government in October 2026 to ensure it takes effect on January 1, 2027.

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