What is notarization?
Notarization is the certification by a notary of a notarial practice organization:
- The authenticity and legality of contracts and other civil transactions in writing,
- The accuracy, legality and social appropriateness of translations of papers and documents from Vietnamese into foreign languages or vice versa
What is a notary practice organization?
Notary practice organizations include notary offices and notary departments, of which:
- Notary departments are established by decision of a provincial-level People’s Committee, and are public units operating under the direct management of the relevant Department of Justice. They have their own headquarters, seal and account.
- Notary offices are civil organizations established and operating in accordance with legislation on notary. Notary offices operate under a model similar to that of a partnership and their notaries are responsible for their operation.
Procedures for notarization of contracts, transactions and translations
1. Notarization request documents assembled in a set, including the following:
a) A notarization request form, containing details including the full name and address of the notarization requester, documents and papers to be notarized and a list of enclosed papers; the name of notarial practice organization, the full name of person receiving the notarization request dossier and the time of such receipt;
b) Draft contracts and transactions;
c) A copy each of the identity documents of the notarization requester;
d) A copy of the certificate of ownership and/or use rights or a copy of a lawful substitute paper for the property for which the law requires registration of ownership or use rights in the case of a contract or transaction to be executed relating to such property;
e) Copies of other papers related to the contract or transaction that are required by law.
2. The copies specified in Clause 1 of this Article are photocopied copies, printed copies or a typed copies with complete and exact details as their original, and they are not required to be authenticated.
3. The notary examines the documents in the notarization request dossier. If the notarization request dossier contains all the required documents in accordance with the law, it shall be accepted and recorded into the notarization book.
4. The notary shall instruct the notarization requester to strictly comply with the regulations on notarization procedures and legal provisions related to the performance of contracts and transactions; and explain to notarization requesters clearly their legal rights, obligations and interest., the meaning and legal consequences of participating in contracts and transactions.
5. In cases where there are grounds to believe that there are unclear issues in the notarization request dossier, the conclusion of contracts or transactions shows signs of threat or coercion, or there is doubt about the civil act capacity of the notarization requester or the object of the contract or transaction that has not been described in detail, the notary shall request the notarization requester to clarify or, at the request of the notarization requester, the notary shall verify the dossier or request inspection; if it is not possible to clarify, the notary has the right to refuse notarization.
6. Notaries examine draft contracts and transactions; If a draft contract or transaction contains unlawful and/or socially inappropriate provisions or whose subject matter is inconsistent relevant legislation, the notary must clearly inform the notarization requester of such irregularities. If the notarization requester fails to make necessary corrections, the notary has the right to refuse the related notarization.
7. The notarization requester reads the draft contract or transaction by himself or the notary reads it to the notarization requester at the request of the notarization requester.
8. The notarization requester agrees to all the details of the draft contract or transaction, then signs each page of the contract or transaction. The notary requests the notarization requester to present the originals of the papers specified in Clause 1 of this Article for comparison before recording testimonies and signing each page of the contract or transaction.