Vietnam: Can the writing in notarized documents be used in a foreign language? If not, what is the penalty for using a foreign language in notarized documents?
- Can the writing in notarized documents be used in a foreign language?
- What is the penalty for using a foreign language in notarized documents in Vietnam?
- Does the head of the specialized inspectorate of the Department of Justice have the right to sanction individuals who use foreign languages in notarized documents in Vietnam?
Can the writing in notarized documents be used in a foreign language?
According to Article 6 of the 2014 Law on Notarization of Vietnam stipulating as follows:
Spoken and written language used in notarization
The spoken and written language used in notarization is Vietnamese.
Based on regulations, the spoken and written language used in notarized documents must be Vietnamese, not a foreign language.
Writing in notarized documents in Vietnam (Image from the Internet)
What is the penalty for using a foreign language in notarized documents in Vietnam?
According to Point e, Clause 2, Article 15 of Decree No. 82/2020/ND-CP stipulating violations against regulations on notarial practice in Vietnam as follows:
Violations against regulations on notarial practice in Vietnam
1. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed for one of the following acts:
a) Failing to number each page in order for notarized documents with 02 pages or more;
b) Notarize contracts or transactions in case the request for notarization does not contain sufficient contents as prescribed;
c) Failing to carry a notary's card when practicing;
d) Incompletely participating in the obligation of annual notarial professional training as prescribed.
2. A fine of between VND 3,000,000 and VND 7,000,000 shall be imposed for one of the following acts:
a) Notarization outside the head office of the notarial practice organization does not comply with regulations;
b) Notarization within the prescribed time limit;
c) Correct technical errors of notarized documents that are not in compliance with regulations;
d) Harassing and causing difficulties for notarization requesters;
dd) Refuse notarization requests without a plausible reason;
e) Do not use spoken or written Vietnamese language;
g) Failure to participate in the social-professional organization of the notary;
h) Instructing more than 2 apprentices at the same time;
i) Guiding apprentices when not meeting the prescribed conditions;
k) Failing to properly perform the obligations of the probationary instructor as prescribed;
l) Notarization of contracts or transactions in the absence of a notarization request form;
m) Notarize contracts or transactions in case the components of the dossier contain papers and documents issued by competent agencies, organizations or persons that are erased or modified to falsify the contents;
n) Refusing to guide the notarial practice apprentice without justifiable reasons.
...
Thus, according to the above regulations, the act of using a foreign language in notarized documents may be subject to a fine of between VND 3,000,000 and VND 7,000,000.
Note: According to Clause 4, Article 4 of Decree No. 82/2020/ND-CP stipulating that this fine level is applied to administrative violations of individuals. In case the organization commits administrative violations like that of an individual, the fine level is equal to 2 times the fine level imposed on an individual.
Does the head of the specialized inspectorate of the Department of Justice have the right to sanction individuals who use foreign languages in notarized documents in Vietnam?
According to Point a, Clause 2, Article 88 of Decree No. 82/2020/ND-CP, the inspectors' competence to sanction administrative violations is as follows:
Demarcation of competence to penalize administrative violations
...
2. Authority to sanction administrative violations of inspectors:
a) The head of the specialized inspectorate and the Chief Inspector of the Department of Justice shall impose penalties for administrative violations specified in Article 5; Clauses 1, 2, 3, 4 and 5 Article 6; Clauses 1, 2 and 3 Article 7; Article 8; Clauses 1, 2 and 3 Article 9; Article 10 and Article 11; Clause 1 and Clause 2 Article 12; Articles 13 and 14; Clauses 1, 2, 3, 4, 5 and 7 Article 15;Clauses 1, 2 and 3 Article 16; Articles 17, 18, 19, 20 and 21; Clauses 1, 2, 3, 4, 5 and 7 Article 22; Clause 1 and Clause 2 Article 23; Clauses 1, 2 and 3 Article 24; Articles 25 and 26; Clause 1, Article 27; Article 28 and Article 29; Clause 1, Article 30, Article 31; Clauses 1, 2, 3, 4, 5 and 7 Article 32; Clauses 1, 2, 3, 4 and 5 Article 33; Section 1 Chapter III; Article 37; Clauses 1 and 2 Article 38; Clauses 1, 2, 3 and 4 Article 39; Article 40; Clauses 1 and 2 Article 41; Article 42; Article 43; Clause 1 and Clause 2 Article 44; Clauses 1, 2 and 3 Article 45; Clauses 1 and 2 Article 46; Articles 47, 48 and 49; Section 4 and Section 5 Chapter III; Clauses 1, 2 and 3 Article 56; Clauses 1 and 2 Article 57; Article 58; Clause 1 Article 59; Articles 60, 61 and 62; Article 65 and Article 78; Clauses 1, 2 and 3 Article 79; Article 80 and points a, b, c, d, dd, e, g, i, k, l, m, n, o, p, q, r, s and t, Clause 2, Article 81 of this Decree;
Contrasting with this regulation, the head of the specialized inspectorate of the Department of Justice has the right to sanction the acts specified in Clause 2, Article 15 of Decree No. 82/2020/ND-CP.
At the same time, according to Point b, Clause 4, Article 84 of Decree No. 82/2020/ND-CP stipulating the competence to penalize administrative violations of the head of the specialized inspectorate of the Department of Justice as follows:
Authority to sanction administrative violations of the Inspectorate
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4. The Chief Inspector of the Department of Justice, the Head of the specialized inspectorate of the Department of Justice, the School of the specialized inspectorate of the Department of Judicial Support, the Department of Civil status, nationality and authentication has the right to:
a) Impose a warning;
b) A fine of up to 15,000,000 VND for acts of administrative violation in the field of judicial administration, marriage and family; up to VND 20,000,000 for acts of administrative violation in the field of bankruptcy of enterprises, cooperatives, civil judgment enforcement; up to VND 25,000,000 for administrative violations in the field of judicial assistance;
...
The maximum administrative fine that the head of the specialized inspectorate of the Department of Justice has the right to impose is VND 25,000,000 (higher than the maximum sanction applicable to individuals who use foreign language in notarized documents).
Thus, the head of the specialized inspectorate of the Department of Justice has the power to sanction individuals who use foreign languages in notarized documents.
Note: According to Clause 6, Article 4 of Decree No. 82/2020/ND-CP stipulating that the authority to impose fines of the titles specified in Chapter VIII of this Decree is the power to impose fines for an administrative violation of individuals, the authority to impose fines on organizations is 2 times higher than the competence to impose fines on individuals.
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