Today, all documents related to registration must be notarized and authenticated. Otherwise, it will violate the provisions of the law and have no legal value. So about the matter “Regulations on notarized documents in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Notarization Law 2014
- Decree 23/2015/ND-CP
What is a notarized document?
Notarization means that a notary of a notarial practice organization certifying the authenticity and lawfulness of a written contract or other civil transaction (hereinafter referred to as contract or transaction), accuracy , legally, and not contrary to social ethics of the translation of papers and documents from Vietnamese into foreign languages or from foreign languages into Vietnamese (hereinafter referred to as translations) which, according to the provisions of law, must be published. notarization or individuals or organizations voluntarily request notarization.
Due to their very high legal nature and value, notarized documents often have to meet very strict requirements regarding the time and place of notarization and the subjects participating in contracts and transactions. Notarization time must be exact day, month, year; In some cases such as notarization of wills or at the request of a notarization requester, the notarization time must also be exact in hours and minutes. The date, month and year of the notary’s testimony shall be written in words. In addition, the data in the notarized document, after the numerical part, must be written in words to avoid errors or corrections.
Notarized document means a contract, transaction or translation that has been certified by a notary public in accordance with this Law.
Regulations on notarized documents in Vietnam
1. Notarized documents take effect from the date they are signed and stamped by the notary public of the notarial practice organization.
2. Notarized contracts and transactions are enforceable for related parties; in case the obligor fails to perform his/her obligations, the other party has the right to request the court to settle it in accordance with law, unless otherwise agreed upon by the parties to the contract or transaction.
3. Notarized contracts and transactions have evidence value; the facts and facts in the contract or transaction that are notarized are not required to be proved, except in cases where the court declares them invalid.
4. Notarized translations are valid as translated papers and documents.
Prohibited acts of notaries and notarial practice organizations
a) Disclose information on notarization contents, unless otherwise agreed by the notarization requester or otherwise provided for by law; using information on notarized contents to infringe upon the legitimate rights and interests of individuals and organizations;
b) Perform notarization in case the purpose and content of the contract, transaction, or translation violates the law or social ethics; instigating, creating conditions for participants of contracts or transactions to perform fake transactions or other fraudulent acts;
c) Notarize contracts, transactions, translations related to the property and interests of themselves or their relatives who are spouses; natural parents, adoptive parents; natural parents, adoptive parents of spouses; natural, adopted, daughter-in-law, son-in-law; grandparent; siblings, siblings of spouses; grandchildren are children of natural or adopted children;
d) Refuse notarization requests without a legitimate reason; harassing and causing difficulties for notarization requesters;
dd) Receive or demand money or other benefits from notarization requesters in addition to notarization fees, notary remuneration and other expenses already determined and agreed upon; receive or demand money or other benefits from a third party to perform or fail to perform notarization, causing damage to the notarization requester and related individuals and organizations;
e) Forcing others to use their services; colluding with or colluding with notarization requesters and related persons to falsify the contents of notarized documents and notarization dossiers;
g) Putting pressure on, threatening or committing acts that violate the law or social ethics to gain advantages for themselves or their organizations in notarization practice;
h) Advertise on the mass media about notaries and their organizations;
i) The notarial practice organization opens a branch, representative office, establishment or transaction location other than the head office of the notarial practice organization; carry out production, business and service activities outside the registered scope of activities;
k) Notaries practice at the same time at two or more notarial practice organizations or concurrently perform other regular jobs;
l) Notaries participating in the management of enterprises outside notarial practice organizations; carry out brokerage and agency activities; participate in profit sharing in contracts or transactions that they receive notarization;
m) Violating the law, violating the code of ethics for notarial practice.
How to register notarization practice and issue notary card?
1. A notarial practice organization shall submit, directly or via the postal system, 01 set of practice registration documents and issue a card to its notary public to the Department of Justice where its operation is registered. The application includes the following documents:
a) An application for registration of practice and issue of notary card (Form TP-CC-06);
b) Decision on appointment or re-appointment of notary (certified copy or photocopy enclosed with the original for comparison);
c) 01 portrait photo of the size of 2cm x 3cm of the notary who is requested to practice registration and issue the Card (photo taken no more than 06 months before the date of application);
d) Papers proving that the notary is a member of the local Notary Association (if there is no notary union in the locality, the document proving that the notary is a member of the Vietnam Association of Notaries);
đ) Papers proving the notary’s place of residence in the province or centrally run city where the notarial practice organization registers its operation;
e) Decision on revocation of law practice certificate, auctioneer practice certificate, decision on dismissal of bailiff, papers proving termination of other regular jobs; papers proving that the Department of Justice has deleted the practice registration registration at the previous notarial practice organization or the written commitment that the notary public has not yet registered for notarial practice since the appointment or re-appointment of the notary.
Within 07 working days from the date of receipt of complete and valid dossiers, the Department of Justice shall issue a decision on registration of practice and grant of notary cards; In case of refusal, it must be notified in writing, clearly stating the reason. Within 03 working days from the date of issuance of the decision, the Department of Justice shall send the decision to the person who is registered for practice and the notarial practice organization that has submitted the application for practice registration, and at the same time post it on the website. on the notary management software of the Ministry of Justice and the website of the Department of Justice, information about the full name of the notary, number and date of issue of the notary card, name of the notarial practice organization where the notary is located with practicing member.
Notary card embryo issued by the Ministry of Justice.
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Frequently asked questions
Notaries may only sign notarized documents after they have been registered by the Department of Justice to practice and issued notary cards.
After being registered to practice and granted a Notary’s Card, a notary is not allowed to work under a working contract or labor contract at other enterprises, agencies or organizations; not hold the title of leader of socio-political organizations, socio-political organizations or professions or participate in jobs that often require working in the field.
Notarized documents are documents in accordance with the law, social ethics?
The conformity of the content of the notarized document with the law and social ethics is a basic and important condition for the notarized document to be legally valid. When performing the notarization, the notary public has the responsibility to consider whether the contents of the contract or transaction are consistent with the provisions of current law on social ethics. Clause 6, Article 40 of the Law on Notary 2014 stipulates: Notaries examine draft contracts and transactions; if in the draft contract, the transaction contains provisions that violate the law, are contrary to social ethics, the subject matter of the contract or the transaction is inconsistent with the provisions of law, the notary must clearly indicate to the lover Notarized for repair. In case the notarization requester fails to make corrections, the notary has the right to refuse notarization.
The concept of “Legal value” is understood as the legal effect of a piece of law or a legal document to enforce and apply that document to all relevant subjects, in the legal document system. there is a general text containing a separate text showing the high and low hierarchy, the scope of impact or the scope of adjustment of the text in terms of time, space and subject of application.
“Legal value of a document” is built on the legal basis that is valid in space throughout the whole country, for Vietnamese nationals living abroad and for up to time when legal documents are amended and supplemented to suit economic conditions and historical lines. The time when that legal document becomes legally
Conclusion: So the above is Regulations on notarized documents in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
