What are the differences between notarized documents and bailiff’s reports? Can bailiff's reports replace notarized documents in Vietnam?
What are the differences between notarized documents and bailiff’s reports in Vietnam?
Notarized documents and bailiff’s reports are both intended to authenticate certain issues, but there are differences between them.
Below are some criteria to distinguish between notarized documents and micro-certificates:
Criteria | Notarized document | Bailiff’s report |
Interpretation of terms | Notarized document means a contract, transaction or translation which has been certified by a notary in accordance with Clause 4, Article 2 of the Law on Notarization 2014. | “a bailiff’s report” refers to a document which records an event or behavior witnessed by the bailiff and is produced at request of an individual, agency, or organization at request in accordance with of Clause 3, Article 2 of Decree 08/2020/ ND-CP |
Subject | Notary | Bailiff |
Contents | Contents of notarized document include: - Contract, transaction or translation; - Testimonies of notaries. | Bailiff’s report shall be made in Vietnamese language and contain the following basic details: - Name and address of bailiff office; full name of bailiff who produces bailiff’s report; - Location and time of producing bailiff’s report; - Full name and address of individual soliciting bailiff’s report; - Full name of other participants (if any); - Details of bailiff’s report solicitation; details of recorded events, affairs; - Guarantee of bailiff regarding adequacy and objectivity in production of bailiff’s report; - Signatures of bailiff, seal of bailiff office, seal or fingerprints of solicitors, other participants (if any) and persons whose affairs are made into bailiff’s report (if they demand so). |
Legal validity | - A notarized document is valid from the date a notary signs and appends the seal of his/her notarial practice organization to it. - A notarized contract or transaction is binding on related parties; in case an obliged party fails to perform its/his/her obligations, the other party may request a court to settle the case in accordance with law, unless otherwise agreed upon by related parties. - Notarized contracts and transactions may be used as evidence; details and circumstances of notarized contracts or transactions are not required to be proven, unless such contracts or transactions are declared to be invalid by courts. -Notarized translations are valid for use as their translated papers or documents. | Bailiff’s reports serve as evidence reviewed by the court to resolve civil, administrative cases and matters as per the law; as the prelude to conduct transactions between agencies, organizations, and individuals as per the law. Bailiff's reports do not replace other notary documents, certifying documents, or other administrative documents |
Regime of preservation | Notarial practice organizations shall strictly preserve and take security measures for notarial records. 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. | Bailiff’s report must be sent to solicitor and stored at bailiff office in accordance with regulations and law on archive similar to notary documents. Within 3 working days from the date on which bailiff’s report is produced, the bailiff office must send the bailiff’s report and documentary evidence (if any) to the Department of Justice where the bailiff office is located. Within 2 working days from the date on which bailiff’s report is received, the Department of Justice must record in the bailiff’s report registry. Departments of Justice shall develop database on bailiff’s report; register and manage database on bailiff’s report according to guidance of Ministry of Justice. |
Legal basis |
What are the differences between notarized documents and bailiff’s reports? Can bailiff's reports replace notarized documents in Vietnam?(Image from the Internet)
Can bailiff's reports replace notarized documents in Vietnam?
Pursuant to the provisions of Article 36 of Decree 08/2020/ ND-CP stipulates as follows:
Entitlement to produce bailiff’s report, scope and legitimacy of bailiff's report
1. Bailiffs shall produce report to record actual state of affairs at request of agencies, organizations, and individuals in Vietnam, except for cases under Article 37 hereof.
2. Bailiff's reports do not replace other notary documents, certifying documents, or other administrative documents.
3. Bailiff’s reports serve as evidence reviewed by the court to resolve civil, administrative cases and matters as per the law; as the prelude to conduct transactions between agencies, organizations, and individuals as per the law.
4. If evidential value of bailiff’s reports are reviewed and deemed necessary during assessment, People’s Court and/or People’s Procuracy can summon bailiffs, other agencies, organizations, and individuals to verify the bailiff’s reports. Summoned bailiffs, other agencies, organizations, and individuals must present at the summoning courts, People’s Procuracies.
Bailiff’s reports serve as evidence reviewed by the court to resolve civil, administrative cases and matters as per the law; as the prelude to conduct transactions between agencies, organizations, and individuals as per the law.
Thus, based on the above regulations, the bailiff's reports do not replace notarized documents according to regulations.
Vietnam: When will copies of notarized documents be issued?
Pursuant to the provisions of Article 65 of the Law on Notarization 2014, the issuance of copies of notarized documents is carried out in the following cases:
- 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.;
- At the request of parties to contracts or transactions and persons with rights and obligations related to the notarized contracts or transactions.
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