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From July 1, 2024, Vietnam will officially implement e-notarization through in-person and online modes, as stipulated in the 2024 Law on Notarization. This pivotal reform aims to enhance convenience and accessibility while maintaining the legal integrity of notarized documents.
Modes of E-Notarization
Offline E-Notarization
In offline e-notarization, applicants engage directly with notaries in person to conduct transactions. Once the transaction is finalized, notaries and their affiliated notarization practice organizations certify the transaction using digital signatures, thereby creating e-notarized documents.
Online E-Notarization
Online e-notarization allows applicants to complete transactions without physically appearing at the same location. Transactions are conducted online under the direct observation of notaries. This mode offers significant flexibility, catering to individuals and businesses unable to attend in person.
Principles of E-Notarization
The 2024 Law on Notarization outlines stringent principles to ensure the reliability and security of e-notarization. Key requirements include:
- Data Integrity: E-notarization must maintain the integrity of data messages, ensuring that all information remains accurate and unaltered.
- Confidentiality: Information in data messages must be securely stored and accessed solely for reference purposes, safeguarding the privacy of the parties involved.
Notaries and notarial practice organizations providing e-notarization services must adhere to these principles while meeting the legal requirements specified in the law.
Validity of E-Notarized Documents
E-notarized documents will attain legal validity from the moment they are digitally signed by notaries and their respective notarization practice organizations. This provision ensures that electronically notarized documents hold the same legal weight as their traditional counterparts.
Notarization Training and Apprenticeship
The 2024 Law introduces new requirements for individuals aspiring to become notaries:
- Mandatory Training: Judges, procurators, lawyers, and other professionals with five or more years of work experience, who were previously exempted from notarization training under the 2014 Law, must now complete a six-month notary training course if they wish to serve as notaries.
- Apprenticeship Duration: Probationary notaries are required to undergo a 12-month apprenticeship. The apprenticeship period begins on the effective date of the apprenticeship registration decision. During this time, probationary notaries must adhere to working time regulations issued by notarial practice organizations to ensure comprehensive practical training.
The introduction of e-notarization marks a significant step forward in Vietnam’s legal landscape, aligning the notarization process with global digitalization trends. By offering both in-person and online options, the new law caters to the diverse needs of individuals and businesses, facilitating greater efficiency and flexibility in transactions.
Additionally, the emphasis on rigorous training and apprenticeship requirements ensures that notaries are well-equipped to handle the complexities of e-notarization, thereby maintaining the integrity of the profession.
The implementation of e-notarization is poised to streamline legal processes, enhance access to notarization services, and reinforce trust in digitally notarized documents, setting a strong foundation for Vietnam’s digital transformation in legal services.
ASL Law is a leading full-service and independent Vietnamese law firm made up of experienced and talented lawyers. ASL Law is ranked as the top tier Law Firm in Vietnam by Legal500, Asia Law, WTR, and Asia Business Law Journal. Based in both Hanoi and Ho Chi Minh City in Vietnam, the firm’s main purpose is to provide the most practical, efficient, and lawful advice to its domestic and international clients. If we can be of assistance, please email to [email protected].
ASL LAW is a top-tier Vietnamese law firm that provides in-depth legal advice in Vietnam and internationally. If you need any advice, don’t hesitate to get in touch with us for further information or collaboration.
