The People's Committee of the commune where the property is located has the authority to certify real estate transactions.

In case the information can be exploited from the National Population Database or other databases, the person receiving the application shall not request the individual or organization to present the original.

The draft Decree amending and supplementing a number of articles of Decree No. 23/2015/ND-CP and Decree No. 07/2025/ND-CP on certification activities has just been sent to the Ministry of Justice for appraisal.

The draft has expanded the subjects and decentralized the authority to perform certification. Accordingly, "certification performer" is expanded to include the chairman and vice chairman of the People's Committee at the commune level; the chief of office, deputy chief of office of the People's Council and People's Committee at the commune level; the director and deputy director of the public administrative service center at the commune level and civil servants authorized by the chairman of the People's Committee at the commune level.

The authority to certify is transferred from the collective (commune-level People's Committee) to the individual (commune-level People's Committee Chairman). The commune-level People's Committee Chairman can delegate all or some of the certification tasks to the vice chairman of the commune-level People's Committee, the chief of office, deputy chief of office of the People's Council and the People's Committee at the commune level; the director, deputy director of the commune-level public administrative service center and civil servants with a bachelor's degree in law or higher and at least 2 years of work in the judicial field.

The draft also supplements the authority and responsibility of notaries for certifying copies from originals, certifying signatures and certifying translators' signatures, in accordance with the 2024 Notarization Law.

The draft also clearly stipulates that when the law requires the submission of a copy, the receiving agency or organization may not request a copy from the original or a certified copy, but may request the presentation of the original for comparison. The person receiving the application is responsible for comparison and is responsible for the accuracy of the copy.

In case information and documents can be exploited from the National Population Database or other databases, the person receiving the application must exploit the information and documents from the database and must not request individuals and organizations to present the original for comparison or submit copies from the original book or certified copies.

The certification of transactions related to land use rights, housing, and real estate will be carried out at the People's Committee of the commune where the property is located, except for special cases such as wills, documents refusing to receive inheritance, authorization, and marital property agreements.

Notably, the book of certified copies from originals and the book of certified transactions established before the effective date of the Decree will continue to be used until the end of 2025, except in cases where agencies and organizations want to establish new books.

For transactions that have been certified at the justice department, amendments, supplements, cancellations, corrections of errors or issuance of certified copies will be made at the People's Committee of the commune where the transaction certification records are kept, creating conditions for handling problems arising when the district-level government ceases to operate.

MR. PHUONG

Source: https://www.sggp.org.vn/ubnd-cap-xa-noi-co-tai-san-co-tham-quyen-chung-thuc-giao-dich-ve-bat-dong-san-post808702.html