Are you wondering which types of contracts and transactions need to be notarized or certified to ensure their legality? According to Vietnamese law, many transactions must be notarized (or certified) to have legal validity, especially those related to real estate, inheritance, and other important agreements. In this article, VN Law Firm will provide a comprehensive and up-to-date summary of the cases and types of transactions that must be notarized or certified according to the Law on Notarization and current legal documents.
1. What is Notarization? What is Certification?
Notarization is a public service performed by a notary of a notarization practice organization to certify the authenticity and legality of transactions required by law to be notarized, or required by the Government to be notarized, or voluntarily requested by individuals or organizations. (Clause 1, Article 2 of the Law on Notarization of Vietnam 2024)
Certification is the act by which a competent authority confirms or attests to an event, document, text, individual signature, personal information, etc. Certification activities do not concern content but primarily focus on the authenticity of the form.
2. Transactions Requiring Notarization or Certification According to the Latest Laws and Decrees
Based on the review results of the Department of Legal Aid and the review results of agencies and organizations, the Ministry of Justice publishes the “List of transactions requiring notarization or certification according to the provisions of Laws and Decrees”
Specifically, the list of 24 transactions requiring notarization or certification according to the latest Laws and Decrees is as follows:
| No. | Transaction Name | Legal Basis |
|---|---|---|
| 1 | Document for selecting a guardian | Clause 2, Article 48 of the Civil Code of Vietnam 2015 |
| 2 | Document for donating real estate | Clause 1, Article 459 of the Civil Code of Vietnam 2015 |
| 3 | Will of a physically disabled person or an illiterate person | Clause 3, Article 630 of the Civil Code of Vietnam 2015 |
| 4 | Power of attorney to represent appealing judgments, decisions of the court in civil cases | Clause 6, Article 272 of the Civil Code of Vietnam 2015 |
| 5 | Contract for sale, lease-purchase of housing, construction works, or floor area in construction works where the transacting parties are individuals | Clause 5, Article 44 of the Law on Real Estate of Vietnam 2023 |
| 6 | Contract for sale, lease-purchase, donation, exchange, capital contribution, mortgage of housing, except for the following cases: organizations donating gratitude houses, compassion houses, great unity houses; sale, lease-purchase of housing that is public property; sale, lease-purchase of housing where one party is an organization, including: social housing, housing for people’s armed forces, housing for resettlement; capital contribution with housing where one party is an organization; lease, loan, temporary stay, authorization to manage housing | Clause 1, Article 164 of the Law on Housing of Vietnam 2023 |
| 7 | Document on inheritance of housing | Clause 3, Article 164 of the Law on Housing of Vietnam 2023 |
| 8 | Contract for transferring, donating, mortgaging, or contributing capital with land use rights, or land use rights and assets attached to land, except for contracts for leasing, sub-leasing land use rights, land use rights and assets attached to land, contracts for exchanging agricultural land use rights; contracts for transferring, contributing capital with land use rights, land use rights and assets attached to land, or assets attached to land where one party or both parties involved in the transaction are real estate business organizations. | Point a, Clause 3, Article 27 of the Land Law of Vietnam 2024 |
| 9 | Document on inheritance of land use rights, or land use rights and assets attached to land. | Point c, Clause 3, Article 27 of the Land Law of Vietnam 2024 |
| 10 | Documents related to the sale or receipt of donation or exchange or inheritance of housing for transactions before July 1, 2006 | Point d, Clause 1, Article 148 of the Land Law of Vietnam 2024 |
| 11 | Land lease contract or capital contribution contract or business cooperation contract or written consent of the land user agreeing to build housing in cases where the housing owner is not covered by point a, clause 5, Article 148 of the Land Law 2024, as stipulated by housing law | Point b, Clause 5, Article 148 of the Land Law of Vietnam 2024 |
| 12 | Land lease contract or capital contribution contract or business cooperation contract or written consent of the land user agreeing to construct works | Clause 5, Article 149 of the Land Law of Vietnam 2024 |
| 13 | Written agreement establishing the marital property regime before marriage | Article 47 of the Law on Marriage and Family of Vietnam 2014 |
| 14 | Written agreement on surrogacy | Clause 2, Article 96 of the Law on Marriage and Family 2014 |
| 15 | Written document amending or supplementing the content of the marital property regime agreement | Article 49 of the Law on Marriage and Family 2014 |
| 16 | Contract for leasing a private enterprise | Article 191 of the Law on Enterprises of Vietnam 2020 |
| 17. | Power of attorney to represent appealing judgments, decisions of the first-instance court in administrative cases | Clause 6, Article 205 of the Law on Administrative Procedures of Vietnam 2015 |
| 18 | Power of attorney from the person named in the housing lease contract who has gone abroad to other family members to stand as buyers of old public housing in the Application for Sale of Old Public Housing | Clause 1, Article 75 of Decree 95/2024/ND-CP dated July 24, 2024, of the Government detailing a number of articles of the Law on Housing |
| 19 | Contract for transferring real estate business contracts | Points a, b, c, Clause 2, Article 13 of Decree 96/2024/ND-CP dated July 24, 2024, of the Government detailing a number of articles of the Law on Real Estate Business |
| 20 | Written agreement of members with shared land use rights agreeing to contribute land use rights to an enterprise | Point b, Clause 7, Article 30 of Decree 101/2024/ND-CP dated July 29, 2024, of the Government regulating basic land investigation; registration, issuance of Land Use Rights Certificates, ownership of assets attached to land, and the Land Information System |
| 21 | Power of attorney to resolve enforcement matters related to assets when the judgment debtor exits the country | Point a, Point b, Clause 2, Article 51 of Decree 62/2015/ND-CP dated July 18, 2015, of the Government detailing and guiding the implementation of a number of articles of the Law on Enforcement of Civil Judgments |
| 22 | Power of attorney to exercise the right to complain | Clause 3, Article 5 of Decree 124/2020/ND-CP dated October 19, 2020, of the Government detailing a number of articles and measures for implementing the Law on Complaints; Clause 6, Article 8 of Circular 13/2021/TT-BTP dated December 30, 2021, of the Minister of Justice regulating the process for handling and resolving complaints, denunciations, petitions, and feedback in Civil Judgment Enforcement |
| 23 | Contract for transferring a Bailiff’s Office | Point b, Clause 3, Article 28 of Decree 08/2020/ND-CP dated January 8, 2020, of the Government regulating the organization and operation of Bailiffs |
| 24 | Other transactions as prescribed by laws and decrees | |
