Vietnam’s government has formally mandated the retention of strict notarization requirements for land-use right transfer transactions, reversing a previous omission in the revised Land Law. According to Resolution 278/NQ-CP issued on September 18, the administration directed the Ministry of Agriculture and Environment to enforce mandatory notarization to ensure legal compliance and mitigate property disputes.
Resolution 278/NQ-CP and Land-Use Rights
The latest administrative directive requires the drafting body to reintroduce mandatory notarization rules that had been excluded from the draft Land Law submitted to the National Assembly in August. According to the 2024 Land Law, contracts involving the transfer, donation, mortgage, or capital contribution of land-use rights must be notarized or certified, unless specific legal exemptions apply. Minister of Agriculture and Environment Trinh Viet Hung noted during an August 21 debate that legalizing land transactions is an administrative procedure that can be governed by a guiding decree rather than explicit primary legislation.
Despite that perspective, lawmakers expressed concern during parliamentary sessions regarding potential gaps in legal security. Several deputies argued that removing mandatory notarization could weaken transaction safeguards. They emphasized that professional notaries verify not only asset and identity details but also the legal capacity, voluntary intent, and overall legality of the parties involved.
Land Data Connectivity and Pricing Reforms
Alongside notarization mandates, the government directed authorities to accelerate land data connectivity and enforce mandatory registration for all land-use rights modifications. According to the official directives, the drafting agency must build and pool comprehensive land databases to boost transparency and streamline property transactions. Furthermore, the framework demands improved regulations governing price determination criteria, monitoring mechanisms, and the state’s regulatory role in land valuation.
The government also instructed relevant agencies to research financial mechanisms addressing disparities in land rentals, abandoned land, and underutilized parcels. Additional focus is slated for anti-corruption safeguards within compensation, site clearance, and resettlement processes. Officials must finalize dossiers for the amended Land Law, Housing Law, and Real Estate Trading Law to ensure cross-statutory consistency before submitting the packages to the National Assembly.