The government has different requirements for what kinds of activities or transactions need notarization. You have to notarize certain kinds of paper for use, while some do not require notarization. On the other hand, many people do not know if they have to go to a notary’s office for notarization or not. So, in this article, LSX legal firm will answer the question: “Do I have to notarize papers at the notary’s office in Vietnam?”
Legal grounds
- Law on Notarization 2014
- Decree 29/2015/ND-CP
Criteria to become a notary
Article 8 of the Law on Notary 2014 stipulates the standards to become notaries:
A Vietnamese citizen who permanently resides in Vietnam, observes the Constitution and law, has good ethical qualities, and fully satisfies the following criteria shall be considered for appointment as a notary:
1. Having a bachelor of law degree.
2. Having performed legal work at agencies or organizations for at least 5 years after obtaining the bachelor of law degree.
3. Having graduated from a notary training course as prescribed in Article 9 of this Law or completed a notary re-training course as prescribed in Clause 2, Article 10 of this Law.
4. Meeting requirements on notarial practice probation results.
5. Physically fit for notarial practice.
Besides, cases of exemption from notary training:
- Firstly, those who have worked as judges, prosecutors, or investigators for at least 5 years;
- Secondly, lawyers who have engaged in legal practice for at least 5 years;
- Thirdly, law professors and associate professors; doctors of the law;
- Fourthly, senior verifiers of courts, senior examiners of procuracies; senior experts, senior researchers, and senior lecturers in the legal sector.
However, persons exempted from notary training shall attend a re-training course on notarial practice skills and rules on notary practice ethics at a notary training institution before the appointment as notaries. A notary re-training course must last for 3 months.
Do I have to notarize papers at the notary office?
Article 44 of the Law on Notarization 2014 provides for notarization locations as follows:
- Except for the cases specified in Clause 2 of this Article, notarization shall be conducted at head offices of notarial practice organizations.
- Notarization may be conducted outside the head office of a notarial practice organization if the notarization requester is old and weak and cannot move, is held in custody or in prison, is serving an imprisonment sentence, or has another plausible reason for being unable to come to the head office of the notarial practice organization.
Accordingly, you may carry out the notarization at the head office if you meet the conditions specified above. In case you can not travel, you can conduct the notarization outside the headquarters of the notarial practice organization.
Conditions on the head office of the Notary Office
Conditions on the head office of the notary office as guided in Decree 29/2015/ND-CP:
Article 17. Conditions for the head office of the notary office:
- The head office of a notary office must have a specific address, a place of work for notaries and employees with a minimum area as prescribed by law on standards, norms for the use of offices at non-business units, having places to receive notarization requesters and places to store notarization documents.
- The notary who establishes a notary office shall submit documents proving the headquarters of the notary office at the time of registration of the notary office’s operation.
- The Department of Justice takes responsibility for checking the satisfaction of the conditions for the head office of the notary office when registering operations for the notary office.”
Procedures for setting up a notary office
According to article 23 of the Law on Notary 2014, the order; procedures for setting up a notary office are prescribed as follows:
Article 23. Establishment and operation registration of notary offices
- Notaries who jointly establish a notary office shall compile a dossier of request for establishment of a notary office and submit it to the provincial-level People’s Committee for consideration and decision. A dossier of request for establishment of a notary office must comprise a written request and a scheme on establishment of the notary office, clearly stating the necessity to establish the notary office, its expected organizational structure, name, personnel, location, physical conditions, and implementation plan; and copies of appointment decisions of notaries jointly establishing the notary office.
- Within 20 days after receiving a complete and valid dossier of request for establishment of a notary office, the provincial-level People’s Committee shall consider and decide to permit the establishment of the notary office; in case of refusal, it shall issue a written reply clearly stating the reason.
- Within 90 days after receiving the decision permitting its establishment, the notary office shall register its operation with the provincial-level Justice Department of the locality where the establishment decision is issued.
The contents of operation registration of a notary office include the name of the notary office, full name of its head, address of its head office, list of notaries being partners, and list of contractual notaries of the notary office (if any). - A dossier of operation registration for a notary office must comprise a written operation registration request, papers proving the suitability of the notary office’s location with the contents stated in its establishment scheme and professional practice registration dossiers of notaries being its partners and contractual notaries (if any).
Within 10 working days after receiving a complete operation registration dossier, the provincial-level Justice Department shall issue a written operation registration to the notary office; in case of refusal, it shall issue a written reply clearly stating the reason…
Legal service of LSX Legal Firm
LSX legal firm provides legal services to clients in various legal areas. To make your case convenient, LSX will perform:
- Legal advice related to new regulations in business suspension;
- Representing in drafting and editing documents;
- We commit the papers to be valid, and legal for use in all cases;
- Represent to submit documents, receive results, and hand them over to customers.
With a team of experienced, reputable, and professional consultants; The firm is always ready to support and work with clients to solve legal difficulties.
Furthermore, using our service, you do not need to do the paperwork yourself, We guarantee to help you prepare documents effectively and legally.
Also, you will not have to waste time preparing the application, submitting application, or receiving results. At those stages, we will help you do it smoothly.
After all, LSX provides the service with the desire that customers can experience it the best way. Additionally, we guarantee the cost to be the most suitable and economical for customers.
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Related questions
Notarization means the written certification by a notary of a notarial practice organization of the authenticity and lawfulness of a contract or another civil transaction (below referred to as contract or transaction) or of the accuracy, lawfulness and conformity with social ethics of the Vietnamese or foreign-language translation of a paper or document which is prescribed by law or voluntarily requested by an individual or organization to be notarized.
Firstly, To have their right to notarial practice protected by the Law on Notarization;
Secondly, To participate in the establishment of notary offices or work under contracts for notarial practice organizations;
Thirdly, To notarize contracts, transactions and translations in accordance with the Law on Notarization;
Fourthly, To request related individuals, agencies and organizations to provide information and documents serving the notarization;
Also, To refuse to notarize contracts, transactions and translations which violate law or are contrary to social ethics;
Notarization requester means a Vietnamese or foreign individual or organization that requests notarization of a contract, transaction or translation in accordance with the Law on Notarization 2014.
Contact LSX
Finally, hope this article is useful for you to answer the question about “Do I have to notarize papers at the notary’s office in Vietnam?”. If you need any further information, please contact LSX Law firm: +84846175333 or Email: [email protected]
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