According to Lawyer Nguyen Hung Quan, Ho Chi Minh City Bar Association, this understanding is completely wrong and poses serious risks if people do not fully understand current legal regulations.
The origin of this misunderstanding begins with Notice No. 171/TB-VPCP dated April 11, 2025 of the Government Office . This Notice refers to the adjustment of administrative procedures, allowing the use of electronic documents integrated on identity accounts (VNeID) instead of traditional documents in some procedures to promote digital transformation.
However, many people have hastily assumed that all types of documents, including real estate purchase and sale contracts, will no longer need to be notarized. This is not in accordance with current legal regulations and will have serious consequences if applied incorrectly.
Lawyer Nguyen Hung Quan analyzed that first, it is necessary to clearly distinguish between the two concepts of notarization and authentication, in which authentication is the confirmation of a copy being true to the original or confirming an event or action, but the requester must take responsibility for the content, such as authentication of identity documents, declarations, wills, etc.
Notarization is the act of a notary certifying the authenticity and legality of the transaction content. This applies to transactions such as buying, selling, transferring, donating real estate, vehicles, authorization contracts, property agreements, etc. Notarization is not only a mandatory legal form in many transactions but also an important tool to protect the rights of the parties involved.
“Although there is no fixed list of documents that must be notarized or authenticated, many specialized laws have clearly stipulated that notarization is a mandatory requirement in real estate transactions. Article 164 of the 2023 Housing Law stipulates: Buying, selling, donating, contributing capital, and mortgaging houses must be notarized; Clause 3, Article 27 of the 2024 Land Law: Transferring, donating, and mortgaging land use rights and assets attached to land must be notarized; Clause 4, Article 9 of the 2023 Real Estate Business Law: Individuals buying, selling, leasing houses and construction works must be notarized or authenticated; Article 44 of the Real Estate Business Law: Contracts between individuals must be notarized or authenticated. In addition, agreements related to marital property (Law on Marriage and Family 2014), surrogacy agreements, etc. must also be in writing and notarized or authenticated to have legal value. "Law", Lawyer Hung Quan added.
Notarization is not just a formality but an important legal protection step, especially in real estate transactions and high-value assets. Notarization helps publicize transaction information, binds responsibilities between parties, and minimizes the risk of future disputes.
Lawyer Nguyen Hung Quan also emphasized: “If the contract has been notarized, when a dispute arises, this will be the strongest legal evidence to help the injured party protect their rights in court. Meanwhile, if the parties only agree in writing without notarization, even with electronic authentication, it will be difficult to prove the legality if a dispute arises. At that time, the person who suffers the loss may be you."
From July 1, 2025, even though the new Notary Law takes effect and administrative procedures are simplified by technology, real estate transactions must still be notarized if required by specialized laws. Misunderstanding or intentionally “circumventing the law” can cause people to lose all their assets.
Therefore, people need to be alert, understand the law and do not hesitate to notarize when making large transactions.
Source: https://baolaocai.vn/tu-ngay-17-mua-ban-nha-dat-co-can-phai-ra-cong-chung-post403345.html
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