The Ministry of Public Security (MPS) is currently collecting public feedback on a draft government resolution proposing the removal of the requirement for notarization, marital status confirmation, and submission of paper copies of personal documents for property and vehicle transactions where digital data already exists. 

Under this proposal, electronic contracts signed with a digital signature or a Level 2 verified account would replace traditional notarized contracts.

The ministry’s proposal has received support from the public as it promotes digital transformation and reduces administrative procedures in civil transactions.

Nguyen Vu Cao, Chair of Khang Land Board, views eliminating notarization as part of public administrative reform toward using technology in civil transaction management.

He believes that if implemented on digital platforms like VNeID portal, authentication will be more secure than manual notary processes.

"The digital system eliminates duplicate data, optimizes costs, reduces travel, and especially avoids fake or erroneous notarization that occurs in reality," Cao said.

He said any reform creates conflicts between old and new. For successful change, the state needs to give clear guidance and set up a technical support system.

However, some experts remain cautious, questioning whether removing notarization for high-value asset transactions such as real estate would compromise legal safety.

Lawyer Le Hang, member of TAT Law Firm - Truong Anh Tu Co., Ltd., who has many years advising and defending rights in major HCMC and southern province real estate disputes, said notarization currently acts as a “shield” protecting people.

Under the 2024 Land Law, all transfers, gifts, mortgages, and capital contributions involving land use rights must be notarized or certified. For motor vehicles, notarization is not mandatory, but transfers must still be verified by the police.

According to Hang, notaries do more than certify signatures. They act as “gatekeepers,” checking the legality of transactions, verifying ownership, and identifying disputes or restrictions before the parties sign contracts.

Since Vietnam’s digital data systems are not yet fully developed, buyers face significant legal risks if notarization is removed, as it would be difficult to determine whether a property is mortgaged, under seizure, or legally owned by the seller. These risks could lead to long and costly disputes.

Need for an equivalent replacement

Hang said that verifying marital status in real estate transactions is another important safeguard. In many cases, one spouse unilaterally sells shared property without the other’s consent, leading courts to invalidate the contract. Without this step and without interconnected data, buyers cannot know if assets are separate or joint, posing great risks.

She noted that some countries have limited or eliminated notarization requirement for real estate transactions, but they maintain open, transparent property registration systems, robust electronic identification, and quick verification of ownership, property status, and marital status. With such systems, the state compensates citizens for any errors in official data.

Meanwhile, in Vietnam, land registration and marital data systems are not yet interconnected and are insufficient to replace notaries’ roles.

"Eliminating notarization and marital status confirmation should only be implemented when equivalent or higher protective mechanisms are in place," Hang said.

The feasible solution is to gradually digitize all civil transactions. It is necessary to build a unified electronic asset registry allowing people to search legal status, ownership, mortgages, and seizures.

At the same time, Vietnam should strengthen digital identity verification and digital signatures that carry the same legal weight as notarization, while clearly defining the accountability of state agencies in cases of data errors.

“In Vietnam, real estate is not just property, but is also a home and family legacy. A single mistake in procedure can cost someone everything or drag them into years of legal disputes,” Hang said.

If the MPS’s proposal gets approval, the real estate transaction process will include five simplified steps:

Step 1: Both the transferor and the transferee log into the National Public Service Portal to declare their contract information.

Step 2: Users verify their identity using a Level 2 VNeID account. If data has already been synchronized and verified across digital systems, no physical documents are required.

Step 3: The system provides an electronic contract template for digital signing. Alternatively, citizens may print the contract and sign it manually at the receiving office if they prefer.

Step 4: The Land Registration Office receives the electronic file and does not require copies of personal documents or marital status certificates, except in special cases.

Step 5: After completing the land transfer or certificate issuance, results are returned to citizens either online or in person.

Hong Khanh