Remote notarization, digital signatures at home
In these final days of June, 23-year-old My Ngan from Binh Thanh District took a half-day off work to get her resume and other documents notarized. She had hoped to avoid the crowds by going early, but the notary office was already bustling with people. While waiting, she learned from others that electronic notarization for certain documents would begin on July 1.
“I heard that in the future, we’ll just need to register for an e-notarization account, then we can do it remotely and sign digitally. That would be so convenient, no more running around”, Ngan said. This sentiment is widely shared. Many citizens have expressed enthusiasm for the new regulations, hoping for faster and more convenient procedures.
According to Dr Ninh Thi Hien, a notary in HCMC, the amended Notary Law contains many new provisions that will reduce hassles for the public. She cited several examples, such as Article 9, which strictly prohibits impersonation; Article 42, which eliminates the need to resubmit documents already available in the National Database; and Article 46, which permits off-site notarizations for specific circumstances.
The standout feature, however, is the provision for electronic notarization (e-notarization), which can be performed either online or directly on a new e-notarization platform. “E-notarization represents the digital transformation of our field”, Dr Hien explained. “But it must still guarantee the authenticity and legality of the transaction, as well as the capacity and true will of the parties involved, to create legally sound notarized documents.”
This regulation is a major step forward for Vietnam. With e-notarization, individuals and organizations will have more choice, and electronic notarized documents can be seamlessly integrated into online public services. The online option will allow geographically distant parties to complete transactions, saving significant time and expense.
The HCMC Department of Justice has already prepared the necessary infrastructure, including an e-notarization platform, which will be deployed upon receiving final approval.
On-site photos to tighten legal security
According to Article 50 of the amended Notary Law, starting July 1, all parties to a notarization – including the requester, witnesses, and interpreters – must sign each page of the document in the direct presence of the notary. Crucially, this act must be photographed, and the image stored in the official notary file. Exceptions are made for individuals who are physically unable to sign or for businesses that have pre-registered their corporate signatures.
The National Assembly Standing Committee stated that this new rule is intended to ensure notarizations are genuine and conducted directly by the notary, preventing office staff from improperly handling key steps. The stored photos will be kept confidential to protect individuals’ privacy.
Lawyer Tran Duc Phuong of the HCMC Bar Association called the regulation “both necessary and highly practical”, viewing it as a significant step in enhancing authenticity and legal security for citizens.
This change is underscored by real-world cases. The HCMC Department of Public Security has recently prosecuted and detained a notary from Dam Sen Notary Office for an investigation into “dereliction of duty causing serious consequences”, while prosecuting 2 other defendants for the crime of “Fraudulent appropriation of property”.
In that case, two defendants allegedly used a fraudulent power of attorney to embezzle VND18.5 billion (US$725,000) from a property buyer. An employee at the notary office had drafted the document, and the criminals claimed the elderly seller was too frail to come to the office. The notary then certified the document, which already had the seller’s purported signature and fingerprint, without her being present.
The new mandate to photograph signers will help prevent such violations, reduce fraudulent transactions, and provide a stronger legal basis to protect citizens. A photo taken at the moment of signing can prove a person’s presence, consent, and even their physical and mental state, eliminating loopholes like “proxy signing” or “forged signing” that have led to severe legal repercussions.
Key changes for citizens when getting documents notarized from July 1:
- Fewer documents needed: There is no longer a need to resubmit papers (like national ID card or land use certificate) if the notary office can access them via the National Database. Notarization request forms are also eliminated (Articles 42 & 43 of the Notary Law 2024).
- Off-site notarization: Notarizations can be performed outside the office (e.g., at home, in a hospital) for specific cases, such as making a will or for individuals with health issues preventing travel (Article 46 of the Notary Law 2024).
- Mandatory photos: When signing a document, the signer (requester, witness, interpreter) must do so in front of the notary, and a photo (or video) of this act is required and will be archived (Article 50 of the Notary Law 2024).
- Transaction look-up: Citizens can check which transactions legally require notarization on the Ministry of Justice’s official online portal (Article 3 of the Notary Law 2024, adding regulations on transactions that must be notarized yet not by listing the transaction name but by stipulating criteria to identify transactions that must be notarized).
- Preparation for digital procedure: Citizens should prepare their digital signature and a valid email address. When the e-notarization platform is launched, they can register an account and link their signature to use the new services (Articles 62-65 of the Notary Law 2024).
