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The Ministry of Justice, through Minister Hoang Thanh Tung, submitted a report to absorb and explain the opinions of National Assembly deputies during the discussion of the draft law amending and supplementing certain provisions of the Notarization Law, including a clear explanation of the requirement that real estate deposit transactions must be notarized.
During the first session of the 16th National Assembly, deputies offered various views on notaryization authority for real estate transactions. Many deputies broadly supported clarifying and expanding the scope of real estate transactions that can be notarized without being constrained by administrative boundaries, in a phased manner.
Some opinions, however, proposed not expanding immediately the scope of real estate transactions requiring notarization beyond administrative boundaries, and instead delegating to the Government to set a roadmap for implementing this authority.
The Ministry of Justice said that, compared with the Notarization Law 2024, the draft law narrows the scope of transactions that require notarial action by local jurisdiction. It added that transactions not directly involving real estate—for example, power-of-attorney contracts related to real estate, or real estate sale/transfer contracts—do not require notarization by jurisdiction.
“This issue is intended to facilitate people and businesses without affecting the verification and legality of transactions.”
The draft also stipulates that the Government will define a roadmap for implementing notarization authority nationwide, following the rules, after the notarization database is operational and related databases are published by the responsible authorities.
According to the Ministry, notarization of real estate transactions will not depend on administrative boundaries but will proceed in a cautious, phased manner, as the notarization database and related databases become fully operational, ensuring legal safety and proper notarization procedures.
During the discussion, some deputies asked for clarification on whether deposit-for-purchase agreements fall within the group of transactions that require notarization.
The Ministry of Justice stated that the requirement for notarization is defined in Article 3 of the Notarization Law 2024. It said that Article 4 of the Notarization Law 2024, amended in the draft bill under Clause 13 of Article 1, concerns notarial authority for specific types of transactions.
Minister Hoang Thanh Tung asserted: “This provision does not set a requirement that deposit-for-purchase agreements for real estate must be notarized.”
The Ministry added that if parties voluntarily request notarization for this type of transaction, the notarial act falls under the jurisdiction of a notary public of the notary organization located in the province where the real estate is situated.
Deputy Le Thanh Hoan (Thanh Hoa) noted that the draft at Article 44 adds a provision that deposit-for-purchase of real estate is within the notary’s jurisdiction, which requires clarification.
According to Deputy Hoan, the principle in Article 3 states that only transactions required by law must be notarized, such as sale and transfer, gift, capital contribution, and mortgage of real estate. Transactions not required for notarization will be governed by other relevant laws.
Deputy Hoan further pointed out that under current laws on land, housing and real estate business, purchase and sale, gifts, mortgages, and contributions related to real estate must be notarized or authenticated, while deposit contracts are not mandatory. Therefore, if a deposit is an inseparable part of a real estate transaction, it should, in principle, be notarized—creating a tension with current regulations.
Consequently, Deputy Tuan urged careful consideration of placing real estate deposit contracts under mandatory notarization.
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