In fact, the notarization of documents is a necessary procedure to verify the correctness of documents. So about the matter “Provide a copy of a document that has been notarized in Vietnam” How is the procedure for granting a notarized copy of a document according to the latest regulations in 2022? Let’s find out with LSX in the article below
Legal grounds
- Law on Notarization 2014
What is a copy?
The copy is a photocopy from the original or a typed copy with complete and exact content as recorded in the original book (Clause 6, Article 2 of Decree 23/2015/ND-CP).
Accordingly, there can be many copies formed from one original by: taking pictures, photocopying, scanning, typing…
However, the copy is not always the same as the original. Only copies issued from the master register and certified copies from the original are valid for use instead of the original. Specifically,
The copy issued from the master book is valid to use instead of the original in transactions; unless otherwise provided by law.
A certified true copy from the original as prescribed in this Decree is valid instead of the original used for verification in transactions, unless otherwise provided for by law.
Provide a copy of a document that has been notarized in Vietnam
In Article 65 of the Law on Notarization 2014, there are regulations on issuance of notarized copies of documents as follows:
The issuance of notarized copies of documents shall be made in the following cases:
+ At the request of a competent authority in the cases specified in Clause 3, Article 64 of this Law;
+ At the request of the parties to the contract or transaction, the person with rights and obligations related to the notarized contract or transaction.
– The issuance of a copy of a notarized document is performed by a notary practice organization that is storing the original of the notarized document.
=> Thus, according to the above provisions, the parties that have performed the notarization have the right to request the notary office that has performed the notarization to provide a copy of the document they have notarized.
The content is notarized at the notary office
People can notarize at notary offices the following contents:
– Notarization of pre-drafted contracts and transactions
– Notarization of contracts and transactions drafted by the notary at the request of the notarization requester
– Notarization of the modification, supplementation, cancellation of contracts and transactions
– Notarization of real estate mortgage contract
– Notarization of authorization contract
– Notarization of wills
– Notarization of the agreement on division of the estate
– Notarization of the document declaring the inheritance
– Receive and keep wills
– Notarized translation
– Fix technical errors in notarized documents
Note: The correction of technical errors in notarized documents is carried out at the notarial practice organization that has performed the notarization. If a notarial practice organization that has performed notarization terminates its operation, transforms, transfers or dissolves, the notarial practice organization that is keeping notarization dossiers shall correct technical errors.
(Articles 40, 41, 51, 54, 55, 56, 57, 58, 59, 60, 61 Law on Notary 2014)
Regulations on notarization at notary offices
Scope of notarization of contracts and real estate transactions
Notaries of notarial practice organizations may notarize real estate contracts and transactions within the province or centrally run city where the notarial practice organization is located, unless the testamentary documents, written refusal to accept the estate as immovable property and documents of power of attorney relating to the exercise of rights to immovable property.
Time limit for notarization at notary offices
The time limit for notarization is determined from the date of acceptance of the notarization request dossier to the date of returning the notarization result.
Time for verification and assessment of contents related to contracts, transactions and posting of the notarized acceptance of the agreement on division of the estate, the document declaring the inheritance, and the translation of documents and documents shall not be included in the calculation. notarization deadline.
– Time limit for notarization does not exceed 02 working days;
For contracts and transactions with complicated contents, the time limit for notarization may be longer but must not exceed 10 working days.
Procedures for issuing notarized copies of documents according to the latest regulations in 2022
The order of issuance of notarized copies of documents according to the Law on Notarization is as follows:
Step 1: Submit an application for issuance of a notarized copy of a document according to the Law on Notarization
The notarization requester completes the dossier and submits it directly at the head office of the notary public (Notary Public or Notary’s Office), from Monday to Friday (from 07:30 to 11 a.m. in the morning). 30 minutes, afternoon from 13:00 to 17:00) and Saturday morning (from 07:30 to 11:30).
– In case the elderly and weak cannot walk, the person being held in custody or temporary detention, is serving a prison sentence or has other plausible reasons cannot go to the head office of the notarial practice organization, public affairs Notarization can be done outside the head office of the notarial practice organization at the request of the person requesting notarization.
Composition, number of records:
Profile composition:
+ A request for issuance of a notarized copy of the document;
Copy of ID documents:
+ In case of an individual: Identity card/Citizen identity card/Vietnam People’s Army officer ID card/Passport of the parties to the transaction.
+ In case of an organization:
Business registration certificate, establishment license or operation registration;
Identity card/Citizen ID/Passport of the representative of the legal entity/organization;
Authorization letter of the legal representative for another person together with the proof of the person directly requesting the supply of a notarized copy of the document.
Step 2: Receive and check the application for issuance of a notarized copy of a document according to the Law on Notarization
The head of the notarial practice organization shall receive the request for issuance of a copy of the notarized document, enclosed with the request form, must have the identity card or other personal papers of the requester;
In case it is found that there is no basis to grant a notarized copy of the document, the reason for not granting it shall be clearly stated;
If the requester is eligible for a notarized copy of the document, the head of the notarial practice organization shall transfer the dossier to the archival division for the purpose of searching and copying the archived copy of the notarized document.
Step 3: Sign the certificate of issuance of a notarized copy of the document according to the Law on Notarization
The archivist copies the notarized document from the archive, submits it to the notary to sign the copy and transfer it to the Fee Collection Department.
Step 4: Return the results of notarization of issuing notarized copies of documents according to the Law on Notarization
The fee-collecting department of the notary-practicing organization completes the collection of fees, notary remuneration and other expenses as prescribed, stamps and returns the documents to the notarization requester.
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Frequently asked questions
According to regulations, the time limit for granting notarized copies of documents is within working days from the date of receipt of complete and valid dossiers.
The person entitled to request a copy is:
• Participants in contracts and transactions;
• Persons with rights and obligations related to notarized contracts and transactions;
• Competent State agencies shall request in writing the provision of notarized dossiers in service of supervision, examination, inspection, investigation, prosecution, trial and judgment execution related to the notarized.
Fees for issuance of notarized copies of documents include:
– Fee for issuing notarized copies of documents: 5,000 VND/page, from the third page or more, each page will collect 3,000 VND but not more than 100,000 VND/copy;
Notarization remuneration: As determined by the notarial practice organization not to exceed the ceiling of notarization remuneration prescribed by the City People’s Committee in Decision No. 08/2016/QD-UBND dated March 21, 2016 ;
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