The Ministry of Agriculture and Environment is spearheading the drafting of the Amended Land Law Bill (the Draft). The project dossier has been finalized and is currently undergoing consultation with government members, awaiting the Prime Minister’s signature before submission to the National Assembly.
The Draft is praised for its progressive features. However, legal experts highlight the need for careful scrutiny of certain provisions to prevent potential issues during implementation, particularly those related to notarization and authentication.
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Streamlined Provisions May Cause Confusion
Clause 2, Article 1 of the Draft (amending Clause 3, Article 27 of the Land Law) states, “Notarization and authentication of contracts and documents exercising land users’ rights shall be conducted in accordance with the law on notarization and authentication.” Notably, this article lacks a provision for detailed government guidance on implementation.
In contrast, Clause 3, Article 27 of the current Land Law explicitly outlines cases requiring notarization or authentication, such as contracts for transfer, donation, mortgage, and capital contribution involving land use rights or land-attached assets. Exceptions include transactions where one party is a real estate business entity. It also stipulates that notarization and authentication follow the respective laws.
Mr. Nguyễn Đình Thịnh, Deputy Head of Nguyễn Đình Thịnh Notary Office, analyzes, “The 2024 Notarization Law only defines ‘transactions requiring notarization’ as those of significant importance, demanding high legal security, as specified by law or delegated legislation.” Essentially, the Notarization Law addresses formality rather than detailing specific land-related transactions.
According to Mr. Thịnh, the current Land Law’s specific provisions enhance clarity, accessibility, and risk mitigation. Referring solely to the Notarization Law could leave citizens and legal authorities uncertain about which transactions mandate notarization.
This ambiguity may lead to situations where handwritten contracts, lacking notarization, are rejected during ownership transfer procedures, causing bottlenecks. It could also expose less informed individuals to risky informal agreements, resulting in difficult-to-resolve disputes.
“Therefore, specific land transaction types requiring notarization should be clearly outlined to ensure transparency and minimize legal risks,” Mr. Thịnh emphasizes.
The Land Law should specify notarization requirements for transactions to ensure transparency and risk reduction. Photo: NGUYỄN CHÍNH
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Lack of Specificity Increases Risk
Attorney Nguyễn Phước Vẹn (Ho Chi Minh City Bar Association) notes that the 2024 Notarization Law does not directly regulate land-related transactions requiring notarization but sets general principles.
He cites Articles 56, 59, and 60, which address notarization of real estate mortgage contracts and inheritance division or rejection documents, focusing on notarization procedures without specifying mandatory transactions.
Thus, the 2024 Notarization Law aligns with its principles, emphasizing that notarization is for critical, high-security transactions. However, it does not directly regulate land-related transactions requiring notarization.
The 2024 Land Law also adheres to its principles without conflicting with the Notarization Law.
Attorney Vẹn warns that if the Draft is approved, removing the list of notarization-required transactions would leave both laws without specific land transaction regulations. This gap could hinder legal application, potentially necessitating further Land Law amendments.
He recommends retaining Clause 3, Article 27 of the 2024 Land Law, which lists notarization-required contracts and documents.
Both experts conclude: While simplifying and avoiding legal overlaps is the goal, removing specific notarization requirements could create legal voids, complicating matters for citizens, notaries, and land registration authorities. The National Assembly should carefully consider this before approving the Draft.
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Proposed Limitation on Commune-Level Authentication Authority I suggest the law adopt a general principle: “Notarization and authentication of land-related contracts and documents shall follow the notarization and authentication laws.” Concurrently, specify that “Contracts for transfer, donation, mortgage, and capital contribution involving land use rights or land-attached assets must be notarized by notary organizations.” Notary professionals undergo rigorous training, exams, apprenticeships, and appointments, bearing high professional responsibility. They verify transaction legality, capacity, and content, preventing disputes. Thus, they are well-suited for this role. In contrast, commune-level judicial officers often handle multiple administrative tasks with limited legal expertise. Their authentication typically confirms signatures or copies, insufficient for ensuring transaction legality. Therefore, while retaining commune-level authentication, it should be limited to low-risk, simple cases like copy or signature authentication, excluding high-value land transactions. Decree 104/2025/NĐ-CP facilitates notary organization establishment in economically challenged areas, improving public access to notarization services. Notary NGUYỄN ĐÌNH THỊNH |
NGUYỄN CHÍNH
– 05:20 09/10/2025
