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Under Article 48 of Decree No. 104/2025/ND-CP (effective from July 1, 2025), the Government stipulates the scope of application of electronic notarization, specifically:
(1) On-site electronic notarization applies to all civil transactions.
(2) Online electronic notarization applies to civil transactions, except for the following two cases:
- Wills;
- Other unilateral legal acts constituting civil transactions.
These are the two cases where online electronic notarization is not applicable, but notarization may still be carried out through the conventional method or on-site electronic notarization (if applicable).
(3) Diplomatic missions are permitted to carry out electronic notarization for transactions specified in Clause 1, Article 73 of the Law on Notarization.
In addition, under Article 47 of Decree No. 104/2025/ND-CP, an electronically notarized document must satisfy the following conditions:
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It is created directly in an electronic environment or converted from a paper-based notarized document, and bears the digital signatures of the notary and the notarial practice organization;
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It must contain a QR code, hyperlink, serial number, or other unique identifier to verify its authenticity;
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The digital signatures of the parties to the transaction must be made in the presence of a notary, unless a specimen signature has been registered in accordance with regulations;
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Any amendment, supplementation, termination, or cancellation of an electronically notarized transaction must be made in a separate electronic document, attached, bearing digital signatures, and displayed upon reference.
