Mandatory Photo Capture to Combat Fraud
The revised Decree 109/2026, effective May 18, mandates that notary offices must photograph individuals requesting notarization to prevent fraud. This requirement, absent in prior regulations, aligns with the 2024 Notarization Law, which explicitly enforces the practice. Penalties for non-compliance range from 7 to 10 million VND, targeting organizations that fail to document the process.
The measure aims to address gaps exposed by court cases, where invalid notarized contracts emerged due to unverified identities. Chánh án TAND Tối cao Nguyễn Văn Quảng highlighted that without visual verification, notaries risk endorsing transactions involving impersonators or coerced parties. Critics, however, argue the requirement adds minimal administrative burden, as the process is straightforward and non-intrusive.
The debate over the necessity of photo capture resurfaced during a parliamentary session on April 9, with lawmakers urging a review of the rule’s implementation. While supporters stress its role in ensuring transparency, opponents suggest a formal evaluation is needed to assess its practical impact.
Penalties for Electronic Will Notarization
The decree introduces a 15-25 million VND fine for notaries who process electronic wills without strict safeguards, a first-time penalty in Vietnamese law. This follows concerns that online notarization could obscure whether individuals are under duress or misled, as the 2024 Notarization Law requires notaries to verify mental capacity and autonomy. Legal experts warn that digital notarization risks compromising the integrity of wills, as remote interactions may lack the oversight needed to detect coercion.
The decree mandates notaries to witness signatures and seal documents in real-time, yet critics argue these measures may not fully mitigate risks of fraud or misrepresentation. The penalty reflects a broader effort to modernize notarization while balancing security and efficiency. However, the absence of clear guidelines on digital verification methods has raised questions about how the rule will be enforced, particularly in cases where physical presence is impractical.
Digital Transition and Compliance Challenges
Nghị định 109 also imposes fines of 10-20 million VND on notary offices failing to digitize paper records, a move to streamline administrative processes. This aligns with the 2024 Notarization Law’s push for electronic documentation, which permits online notarization for most transactions but excludes wills and unilateral legal acts. The shift to digital systems aims to reduce paperwork and improve access, though challenges remain.
Notaries must now convert physical documents into electronic data while ensuring their legal validity. Legal professionals note that electronic notarized documents hold equal weight to paper originals, yet the transition requires robust cybersecurity measures to prevent data breaches. As the new rules take effect, stakeholders are navigating the balance between compliance and practicality.
While the penalties signal a commitment to stricter oversight, their effectiveness will depend on how well notaries adapt to the evolving digital landscape without compromising service quality.
Conclusion
The new notarization regulations underscore Vietnam’s push for transparency and modernization, but their success hinges on addressing both legal ambiguities and operational challenges. As notaries grapple with stricter penalties and digital mandates, the tension between security and efficiency will shape the future of administrative law in the country.
Read more: Deportation Advocate Pushes for Global Immigration Pause Amid Minneapolis Turmoil