Law on Notarization as Amended 2026: What Do Businesses Need to Prepare?

The National Assembly has passed the amended Notarization Law 2026 (No. 04/2026/QH16) with many important new provisions, officially effective from January 1, 2027. This represents a major transformation in notarization activities in Vietnam, particularly affecting enterprises in civil and commercial transactions. So what do enterprises need to prepare to meet the new requirements?

Overview of the Amended Notarization Law 2026

Law No. 04/2026/QH16 was passed by the National Assembly to amend and supplement certain articles of the current Notarization Law. This document focuses on modernizing notarization procedures, strengthening the application of information technology, while simplifying administrative procedures.

According to Article 2 of Law 04/2026/QH16: "This Law takes effect from January 1, 2027."

The effective date of January 1, 2027 shows that enterprises have preparation time to adjust internal procedures, train personnel, and update legal documents according to the new regulations.

Important New Provisions in the Amended Notarization Law 2026

Equivalence Recognition for Those Trained in Notary Profession Abroad

One of the most notable points is that the Law amends and supplements Clause 6, Article 2 regarding equivalence recognition for those trained in the notary profession abroad. This opens opportunities for notary personnel with international qualifications, while improving the quality of notarization services in Vietnam.

Simplification of Administrative Procedures

The new Law aims to reduce unnecessary procedures, facilitating organizations and individuals when using notarization services. This aligns with the administrative reform trend that the Government is implementing through resolutions such as Resolution 23/2026/NQ-CP and Resolution 19/2026/NQ-CP on reducing and simplifying administrative procedures.

Strengthening Digital Technology Application

The Law encourages the application of information technology in notarization activities, including online notarization and the use of electronic notarization databases. This helps save time and costs while enhancing transparency in transactions.

Requirements for Notarization Documents for Enterprises

General Principles Regarding Documents

Although the Amended Notarization Law 2026 simplifies many procedures, requirements for document validity remain strictly maintained. According to general regulations on authentication and notarization in Decree 23/2015/NĐ-CP, copies in the documents need to be authenticated or certified true copies from originals.

According to Article 27 of Decree 23/2015/NĐ-CP: The person performing translation must "Have full civil act capacity as prescribed by law."

List of Basic Documents Enterprises Need to Prepare

When notarizing contracts and transactions, enterprises typically need to prepare:

• Business registration certificate (authenticated copy or certified true copy from original)
• Appointment decision of legal representative (if there are changes)
• Documents proving property ownership (for transactions related to assets)
• Contracts and agreements requiring notarization (draft that has been legally reviewed)
• Identity documents of the enterprise representative

Note that from January 1, 2027, specific requirements may be adjusted according to implementation guidance for the Amended Notarization Law 2026.

Notarization Procedures Under New Regulations

Steps for Performing Notarization

According to Circular 05/2025/TT-BTP providing detailed guidance on the Notarization Law, the procedure for notarizing contracts and transactions includes basic steps:

1. Receiving requests: Notaries check documents and papers of the parties
2. Verification: Confirm legal capacity and rights of parties participating in the transaction
3. Legal consultation: Explain rights, obligations, and legal consequences of the transaction
4. Performing notarization: Record the voluntariness and lucidity of the parties
5. Document storage: Update in notarization registers and databases

According to Article 36 of Decree 23/2015/NĐ-CP (Clause 2): "The person performing authentication checks documents in the authentication request file; if the file is complete, at the time of authentication the parties participating in the contract or transaction are voluntary, lucid, and aware and in control of their actions, then authentication shall be performed."

Processing Time Limits

Regulations on time limits for resolving notarization procedures are maintained to ensure speed and efficiency. However, from January 1, 2027, some procedures may have shortened processing times thanks to digital technology application.

Responsibilities of Notaries and Notarization Organizations

Professional Development Obligations

According to Circular 05/2025/TT-BTP, notaries have the obligation to participate in periodic professional development. Article 12 of the Circular clearly stipulates:

"Notaries who violate their obligation to participate in professional development shall, depending on the nature and severity of the violation, be subject to disciplinary action as prescribed by the Vietnam Notary Association or be administratively sanctioned as prescribed by law."

Compensation Liability

Notaries and notary practice organizations must be responsible before the law for the legality of notarized contracts and transactions. In case of damage caused by their fault, they must compensate according to regulations.

What Enterprises Need to Prepare Before January 1, 2027

Review and Update Legal Documents

Enterprises should proceed to:

• Check the validity of existing enterprise documents
• Update business registration information if there are changes
• Prepare authenticated copies of important documents
• Digitize documents to facilitate online notarization

Training for Personnel

The legal department and relevant staff need to be updated on:

• Changes in the Amended Notarization Law 2026
• New notarization procedures, especially online notarization
• Document and procedural requirements under new regulations
• Rights and obligations of parties in notarization transactions

Establishing Appropriate Internal Procedures

Enterprises should establish standard procedures to:

• Manage legal documents systematically
• Monitor progress of transactions requiring notarization
• Ensure full compliance with legal regulations
• Optimize costs and time for performing notarization

Learning About Online Notarization

With the digital transformation trend, enterprises need to proactively learn about:

• Types of transactions permitted for online notarization
• Technical requirements and necessary technology infrastructure
• Procedures for electronic notarization
• Legality of documents notarized online

Comparison of Some Important Changes

Content	Before January 1, 2027	From January 1, 2027
Equivalence recognition for notary profession	No specific regulations	Clear regulations under Clause 6, Article 2
Technology application	Limited	Encouraged and facilitated for implementation
Administrative procedures	Still many complex documents	Significantly simplified
Notarization database	Not yet unified	Building centralized database

Important Notes for Enterprises

Regarding Transition Period

Enterprises should note that notarization documents received before January 1, 2027 will be processed under the old regulations. Therefore, planning the timing of notarization transactions needs to be carefully calculated.

Regarding Notarization Fees

Although the amended Law does not directly adjust notarization fee levels, the simplification of procedures and technology application may help reduce indirect costs such as time and manpower.

Regarding Selection of Notarization Organizations

Enterprises should choose reputable notarization organizations with high professional competence and appropriate technology infrastructure to meet new requirements from January 1, 2027.

Role of Legal Counsel for Enterprises

In the context of the Amended Notarization Law 2026 having many changes, the role of legal counsel for enterprises becomes more important than ever. Lawyers not only help enterprises understand new regulations clearly but also support:

• Reviewing and perfecting legal documents before notarization
• Advising on rights and obligations in transactions requiring notarization
• Representing enterprises during the notarization process
• Handling disputes arising related to notarization
• Establishing internal legal document management procedures

A&D Law Firm — with a team of experienced lawyers in corporate legal advisory in Vietnam — is ready to accompany enterprises in preparing for and adapting to the new regulations of the Amended Notarization Law 2026. We provide comprehensive advisory services from document review, establishing internal procedures, to representing notarization performance and dispute resolution.

For detailed consultation on how to prepare enterprises before the Amended Notarization Law 2026 takes effect, enterprises are invited to contact A&D Law Firm via website or hotline for timely and professional support.

This article is for reference only, providing general legal information about the Amended Notarization Law 2026. The content does not replace professional legal advice for specific cases of each enterprise. For detailed consultation appropriate to actual circumstances, enterprises are invited to contact specialized lawyers for assistance.