What are the procedures for notarization of contracts or transactions drafted by notaries at the request of notarization requesters in Vietnam in 2024?
- What are the procedures for notarization of contracts or transactions drafted by notaries at the request of notarization requesters in Vietnam in 2024?
- What are the requirements of facilities of private notary offices in Vietnam?
- What are the regulations on establishment and operation registration of notary offices in Vietnam?
- Who is notarization requester in Vietnam?
What are the procedures for notarization of contracts or transactions drafted by notaries at the request of notarization requesters in Vietnam in 2024?
Pursuant to the provisions of Article 41 of the Law on Notarization 2014, the procedures are as follows:
Application
- A notarization requester shall submit a dossier set including:
(1) A notarization request containing information on full name and address of the notarization requester, contents to be notarized and list of enclosed papers; name of the notarial practice organization, full name of the dossier recipient, and time of dossier receipt;
(2) A copy of the personal identity paper of the notarization requester;
(3) A copy of the ownership certificate or use right certificate or its substitute paper as permitted by law for assets subject to ownership or use right registration under law, in case the contract or transaction is related to those assets;
(4) Copies of other papers related to the contract or transaction as required by law.
The copies may be photocopied, printed or typewritten copies containing full and accurate contents as the originals and do not need to be certified
Procedures for notarization
Step 1:
A notary shall check the papers in a notarization request dossier. When the dossier is complete and valid as prescribed by law, he/she shall accept it and record it in the notarial register.
Step 2:
Notaries shall guide notarization requesters to comply with regulations on notarization procedures and relevant regulations on performance of contracts and transactions;
Clearly explain to notarization requesters their rights, obligations and lawful interests as well as the significance and legal consequences of their entry into contracts or transactions.
- When having grounds to believe that a notarization request dossier contains unclear matters, the contract or transaction was concluded under threat or coercion, or having doubts about the civil act capacity of the notarization requester, or the object of the contract or transaction has not yet been specifically described, a notary may request the notarization requester to clarify the matters or, at the request of the notarization requester, conduct verification or request assessment; if the matters cannot be clarified, the notary has the right to refuse to notarize
Step 3:
A notary shall check the draft contract or transaction; if the draft contains some articles and clauses contrary to law or social ethics or the object of the contract or transaction is incompliant with law, he/she shall point them out for the notarization requester to modify.
If the notarization requester fails to modify, the notary has the right to refuse to notarize.
When the contents of, and the intention of concluding, the contract or transaction are true, lawful and consistent with social ethics, the notary shall draft the contract or transaction.
Step 4:
The notarization requester shall himself/herself read the draft contract or transaction or the notary shall read it for him/her. If agreeing with the whole contents of the draft contract or transaction, the notarization requester shall sign every page of the draft. The notary shall request the notarization requester to produce the originals of the papers for comparison before writing testimonies and signing every page of the contract or transaction.
What are the procedures for notarization of contracts or transactions drafted by notaries at the request of notarization requesters in Vietnam in 2024? (Picture from internet)
What are the requirements of facilities of private notary offices in Vietnam?
Facilities of private notary offices are specified in Article 17 of Decree 29/2015/ND-CP as follows:
- The private notary office must have a specific address, working places for notaries and employees that have sufficient area according to regulations of law on standards and norms of office buildings of public service agencies, places for receiving clients and storing notarization documents.
- The notary that establishes the private notary office shall documents proving the satisfactoriness of the facilities of the private notary office at the time of registration.
- Departments of Justice shall inspect the satisfactoriness of facilities of private notary offices when they apply for registration.
What are the regulations on establishment and operation registration of notary offices in Vietnam?
Pursuant to the provisions of Article 23 of the Law on Notarization 2014, the establishment and operation registration of notary offices is guided as follows:
- 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.
- A notary office may conduct notarial activities on the date it is granted a written operation registration by the provincial-level Justice Department.
Who is notarization requester in Vietnam?
Pursuant to the provisions of Clause 3, Article 2 of the Law on Notarization 2014, notarization requester means a Vietnamese or foreign individual or organization that requests notarization of a contract, transaction or translation in accordance with this Law.
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