In case of notarization of the authorization contract, is it required for both the authorizing party and the authorized party to appear? Can I carry out the procedures for authorization at the Commune-level People’s Committee in case the locality has not established any notary office yet?
- In case of notarization of the authorization contract, is it required for both the authorizing party and the authorized party to appear?
- Can I carry out the procedures for notarization at the Commune-level People’s Committee in case the locality has not established any notary office yet?
- How to preserve records at the notary office in Vietnam?
In case of notarization of the authorization contract, is it required for both the authorizing party and the authorized party to appear?
Pursuant to Article 562 of the 2015 Civil Code of Vietnam stipulating:
“Article 562. Authorization contracts in Vietnam
Authorization contract means an agreement between parties whereby an attorney has the obligation to perform an act in the name of a principal. The principal shall only be required to pay remuneration if so agreed or so provided by law.”
In case Mr. A wants to authorize Mr. B to carry out the real estate procedures, he must make an authorization contract under which the attorney has the obligation to perform an act in the name of a principal. The principal shall only be required to pay remuneration if so agreed or so provided by law.
Article 55 of the 2014 Law on Notarization of Vietnam stipulates:
“Article 55. Notarization of authorization contracts
1. When notarizing authorization contracts, notaries shall carefully examine the dossiers and clearly explain to related parties their rights and obligations as well as legal consequences of such authorization.
2. In case both the authorizing party and authorized party cannot appear together at the same notarial practice organization, the authorizing party shall request the notarial practice organization of the place of residence of the authorizing party to notarize the authorization contract; the authorized party shall request the notarial practice organization of the place of residence of the authorized party to further notarize the original of this authorization contract and complete procedures for notarization of the authorization contract.”
Thus, in case both the authorizing party and authorized party cannot appear together at the same notarial practice organization, the authorizing party shall request the notarial practice organization of the place of residence of the authorizing party to notarize the authorization contract; the authorized party shall request the notarial practice organization of the place of residence of the authorized party to further notarize the original of this authorization contract and complete procedures for notarization of the authorization contract.
Authorization contracts in Vietnam
Can I carry out the procedures for notarization at the Commune-level People’s Committee in case the locality has not established any notary office yet?
Pursuant to Article 18 of the 2014 Law on Notarization of Vietnam as amended by Clause 1, Article 2 of the 2018 Law on amendments to some articles concerning planning of 11 laws of Vietnam stipulating:
“Article 18. Principles of establishment of notarial practice organizations
1. Notarial practice organization shall be established as prescribed by this Law.
2. Notary bureaus may be established only in geographical areas where conditions for development of notary offices are not available.
3. Notary offices established in geographical areas with difficult or extremely difficult socio-economic conditions are entitled to preferential policies prescribed by the Government.”
In addition, Article 19 of the 2014 Law on Notarization of Vietnam stipulates:
“Article 19. Notary bureaus
1. Notary bureaus shall be established under decisions of provincial-level People’s Committees.
2. Notary bureaus are public service providers attached to provincial-level Justice Departments, and have their own offices, seals and accounts.
The at-law representative of a notary bureau is the head of such notary bureau. Heads of notary bureaus must be notaries and shall be appointed, relieved from duty and dismissed by chairpersons of provincial-level People’s Committees.
3. The name of a notary bureau must contain the words “notary bureau” followed by the ordinal number of its establishment and the name of the province or centrally run city where it is established.
4. Notary bureaus shall use seals bearing no national emblem. Notary bureaus may have their seals carved and use them after obtaining establishment decisions. Procedures and dossiers of request for seal carving and management and use of seals by notary bureaus must comply with the law on seals.”
According to the above regulations, the notarial practice organizations include the notary bureaus and the notary office. The notarial practice organizations have equivalent functions. So, if the locality has not established any notary office yet, you can go to the notary bureaus of the Department of Justice to carry out the procedures.
How to preserve records at the notary office in Vietnam?
Pursuant to Article 64 of the 2014 Law on Notarization of Vietnam stipulating as follows:
“Article 64. Regime of preservation of notarial records
1. Notarial practice organizations shall strictly preserve and take security measures for notarial records.
2. The originals of notarized documents and other papers in notarial records shall be preserved for at least 20 years at head offices of notarial practice organizations; the preservation of such documents and papers outside head offices of these organizations shall be approved in writing by provincial-level Justice Departments.
3. When a competent state agency requests in writing the supply of notarial records for supervision, examination, inspection, investigation, prosecution, trial or judgment enforcement related to notarized affairs, the concerned notarial practice organization shall supply copies of notarized documents and other relevant papers. The comparison of copies of notarized documents with their originals may only be conducted at the notarial practice organization that keeps notarial records.
4. The distraint of assets and search of head offices of notarial practice organizations must be conducted in accordance with law and to the witness of representatives of provincial-level Justice Departments or representatives of local socio-professional organizations.
5. In case a notary bureau is transformed into a notary office, notarial records shall be managed by the notary office.
When a notary bureau is dissolved, notarial records shall be transferred to another notary bureau or a notary office designated by the provincial-level Justice Department.
When a notary office terminates its operation, it shall reach agreement with another notary office on the receipt of notarial records; if such agreement cannot be reached or the notary office terminates its operation because all notaries being its partners die or are declared by a court to be dead, the provincial-level Justice Department shall designate a notary bureau or another notary office to receive notarial records.”
Thus, the originals of notarized documents and other papers in notarial records shall be preserved for at least 20 years at head offices of notarial practice organizations. In case a notary bureau is transformed into a notary office, notarial records shall be managed by the notary office.
When notary bureaus in Vietnam are dissolved, notarial records shall be transferred to another notary bureau or a notary office designated by the provincial-level Justice Department.
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