Should the jurisdiction for real estate notarization be abolished? Can citizens notarize anywhere?

The recent amendment to Vietnam's Notarization Law, specifically the shift from "transactions of real estate" to "transactions with real estate as the object," has ignited a crucial discussion within the legal community and among the public. Tuổi Trẻ, as a publication deeply invested in public discourse, brings this complex issue to the forefront, examining its implications for citizens and the legal system.

The core of the debate revolves around the concept of 'jurisdiction' in notarization. Traditionally, notarization of real estate transactions has been geographically bound. However, the new wording has led some to question whether this restriction can be overcome, particularly for the transfer of land use rights, which are considered property rights under Vietnamese law. The author of this piece firmly asserts that, under current legal frameworks, notarizing the transfer of land use rights outside the property's locality is not permissible, barring future nationwide data synchronization.

This stance is rooted in the inseparable nature of land use rights from the physical land itself. While legally classified as a 'property right,' it remains intrinsically tied to a specific parcel of land. Furthermore, the existing system's reliance on localized data management for land status (planning, disputes, encumbrances) necessitates this jurisdictional limitation. Allowing notarization across different provinces without a unified, real-time data system would introduce significant legal risks and potential for fraud. The Vietnamese perspective, therefore, prioritizes legal certainty and practical risk management, even if it means maintaining existing procedural hurdles for citizens seeking to notarize transactions remotely.