Real Estate Transactions Without Notarization: A New Legal Framework That Requires Clear Procedures and Careful Compliance

As Vietnam’s legal system continues to modernize, real estate transactions are entering a new phase of simplification. The removal of mandatory notarization for certain purchase–sale transactions—replaced by a structured administrative registration process—marks one of the most significant shifts in the property market in recent years. While this change is designed to speed up procedures and create uniformity nationwide, investors must still understand the legal foundation and comply with each step to ensure absolute security in ownership transfer.

1. A New Legal Foundation for Real Estate Transactions

From 2025 onward, the legal environment governing housing and real estate transactions is shaped by several key documents:

• Housing Law 2023 (effective from January 1, 2025)
  
• Land Law 2024 (effective from January 1, 2025)
  
• Amended Notarization Law 2024
  

These laws establish that although notarization is no longer mandatory for certain real estate transactions, the administrative registration and verification process becomes the decisive step confirming the legality and validity of the transfer.

2. Key Clauses Replacing the Notarization Requirement

(1) Housing Law 2023 – Article 164

Article 164 sets out new regulations regarding contract forms, transaction validity, and the requirement for documents used in housing transactions. Under this article, housing purchase contracts are still required in written form, but notarization is no longer compulsory except for specific cases such as mortgage agreements or other transactions required by law.

(2) Amended Notarization Law 2024

The amended law removes mandatory notarization for many types of purchase–sale contracts of houses and land-use rights. This is the legal basis for shifting responsibility from notary offices to administrative authorities during the ownership transfer stage.

These provisions together create a streamlined framework while maintaining legal safeguards for property buyers and sellers.

3. When the New Regulations Take Effect

• The Housing Law 2023 and Land Law 2024 both take effect January 1, 2025.
  
• The Amended Notarization Law 2024 also takes effect January 1, 2025.
  

From that date onward, local authorities nationwide will apply the new mechanism uniformly.

4. A New Transaction Method: Signed Contract + Administrative Verification

Under the new framework, the validity of a real estate transaction no longer depends on notarization but instead on:

1. A legally compliant written contract between buyer and seller
   
2. Submission of the transfer dossier to the land registration authority
   
3. Verification of seller’s ownership and compliance with the law
   
4. Tax and financial obligation settlement
   
5. Official update of ownership on the land registry system
   
6. Issuance of the new ownership certificate
   

This process confirms both the legality and enforceability of the transaction without relying on notarization.

5. Why Investors Can Feel Secure Under the New System

• State verification replaces private notarization, enhancing the uniformity of procedures
  
• Transparency increases, especially in ownership history and legal compliance
  
• Reduced procedural friction enhances liquidity and shortens transaction time
  
• Risk of forged notarization—one of the common market concerns—is eliminated
  

Investors can rely on the fact that final confirmation of ownership is issued directly by government authorities, ensuring a high level of reliability.

6. But Investors Must Clearly Understand the Process Before Completing a Deal

Although the procedure becomes more streamlined, responsibility also increases. Before signing any contract, investors must pay attention to:

• Accurate contract drafting following the formats specified in the Housing Law 2023
  
• Verification of the seller’s ownership, encumbrances, mortgages, or disputes
  
• Understanding the required dossier, timelines, and fees at the registration office
  
• Precise tax calculation to avoid delays in issuance of the ownership certificate
  

A transaction without notarization does not mean fewer obligations—it means a shift in responsibility from notary offices to the parties involved and to state administrative agencies.

7. Conclusion

Removing mandatory notarization does not increase risks—it creates a new, modernized, government-supervised transaction mechanism aligned with international practices. However, the safety of every deal depends on each investor’s understanding of the law and strict compliance with the required procedures.

Once investors fully grasp the process—from contract drafting to registration—they can confidently participate in the new real estate market, where transparency and efficiency continue to improve year by year.