Vietnam: What are the procedures for notarization of ready-made contracts and transactions? Who are notarization requesters?
What are the procedures for notarization of ready-made contracts and transactions in Vietnam?
Under the provisions of Article 40 of the Notarization Law 2014 as follows:
Application
The application for notarization of ready-made contracts and transactions in Vietnam includes:
(1) A notarization request containing information on full name and address of the notarization requester, contents to be notarized and list of enclosed documents; name of the notarial practice organization, full name of the application recipient, and time of application receipt;
(2) The draft contract or transaction;
(3) A copy of the personal identity paper of the notarization requester;
(4) 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;
(5) Copies of other documents related to the contract or transaction as required by law.
The copies odd the above documents may be photocopied, printed or typewritten copies containing full and accurate contents as the originals and do not need to be certified.
Procedures
Step 1:
A notary shall check the documents in a notarization application. When the application 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 application 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 in compliance 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.
Step 4:
The notarization requester shall himself/herself read again the draft contract or transaction or request the notary to read it.
Step 5:
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 required documents 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?
Under the provisions of Article 40 of the Notarization Law 2014, the procedures for notarization of contracts or transactions drafted by notaries at the request of notarization requesters in Vietnam are specified as follows:
Application
- A notarization requester shall submit the following documents, and state the contents of, and the intention of concluding, the contract or transaction:
(1) A notarization request containing information on full name and address of the notarization requester, contents to be notarized and list of enclosed documents; name of the notarial practice organization, full name of the application recipient, and time of application 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 documents related to the contract or transaction as required by law.
The copies odd the above documents may be photocopied, printed or typewritten copies containing full and accurate contents as the originals and do not need to be certified.
Procedures
Step 1:
A notary shall check the documents in a notarization application. When the application 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 the 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 application 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 in compliance 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.
Step 4:
The notarization requester shall himself/herself read again the draft contract or transaction or request the notary to read it.
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 required documents for comparison before writing testimonies and signing every page of the contract or transaction.
Who are notarization requesters in Vietnam?
Under the provisions of Clause 3, Article 2 of the Notarization Law 2014, a notarization requester means a Vietnamese or foreign individual or organization that requests notarization of a contract, transaction or translation in accordance with Notarization Law 2014.
LawNet