Can notaries be invited to the prison to notarize contracts in Vietnam?

Can notaries be invited to the prison to notarize contracts in Vietnam?

Article 44 of the Law on Notary 2014 provides for notarization places as follows:

1. Except the cases specified in Clause 2 of this Article, notarization shall be conducted at head offices of notarial practice organizations.

2. Notarization may be conducted outside the head office of a notarial practice organization if the notarization requester is old and weak and cannot move, is held in custody or in prison, is serving an imprisonment sentence or has another plausible reason for being unable to come to the head office of the notarial practice organization.

According to this Article, in case the person wishing to notarize the contract is held in custody, you can completely invite the notary to the prison to notarize the contract in Vietnam.

Is it possible to use abbreviations in the notarized contract in Vietnam?

Article 45 of the Law on Notarization 2014 provides for scripts in notarized documents as follows:

1. Scripts in notarized documents must be clear and legible, must not use any abbreviations and symbols, must not be written between two lines or over the lines, and must not be erased; no blank space is allowed, unless otherwise provided by law.

2. The time of notarization shall be expressed in terms of date, month and year; the hour and minute may also be indicated as requested by the notarization requester or considered necessary by the notary. Unless otherwise provided by law, numbers shall be written in both figures and words.

In Clause 4, Article 2 of the Law on Notarization 2014, there are regulations on notarized documents as follows;

4. Notarized document means a contract, transaction or translation which has been certified by a notary in accordance with this Law.

According to current regulations in Vietnam, for notarized contracts, the law does not allow to use abbreviations in contracts.

What are prohibited acts in notarization activities in Vietnam? 

In Article 7 of the Law on Notary 2014 there are provisions on prohibited acts in notarization activities as follows:

1. Notaries and notarial practice organizations are prohibited from committing the following acts:

a/ Disclosing information on the contents of notarized documents, unless notarization requesters so agree in writing or otherwise provided by law; using information on notarized contents to infringe upon lawful rights and interests of individuals and organizations;

b/ Notarizing contracts, transactions or translations the purposes and contents of which violate law or are contrary to social ethics; inciting or creating conditions for parties to contracts or transactions to conduct sham transactions or commit other deceitful acts;

c/ Notarizing contracts, transactions or translations which are related to properties or interests of their own or of their relatives being spouses; natural parents, adoptive parents; natural parents, adoptive parents of their spouses; natural children, adopted children or children-in-law; grandparents, siblings or siblings-in-law; and natural grandchildren, adopted grandchildren;

d/ Refusing notarization requests without plausible reasons; harassing or causing difficulties to notarization requesters;

dd/ Receiving or demanding money or other benefits from notarization requesters in addition to notarization changes, notarization remuneration and other expenses already determined and agreed; receiving or demanding money or other benefits from a third party to settle or refuse to settle notarization requests, causing damage to notarization requesters or related organizations and individuals;

e/ Forcing others to use their services; colluding with notarization requesters or related persons to falsify contents of notarized documents or notarization dossiers;

g/ Exerting pressure, threatening or committing acts which are illegal or contrary to social ethics in order to gain advantage for themselves or their organizations in notarial practice;

h/ Advertising themselves or their organizations in the mass media;

i/ A notarial practice organization establishing branches, representative offices or transaction places other than its head office; conducting production, business and service activities outside its registered scope of operation;

k/ A notary practicing his/her profession concurrently at two or more notarial practice organizations or performing other regular jobs;

l/ A notary participating in the management of an enterprise other than his/her notarial practice organization; providing brokerage or agency services; receiving profits from a contract or transaction which he/she has notarized;

m/ Committing violations of law or rules on notarial practice ethics.

2. Organizations and individuals are prohibited from committing the following acts:

a/ Pretending to be notarization requesters;

b/ Notarization requesters providing false information and documents or using counterfeit or illegally erased or modified papers and documents to request notarization;

c/ Witnesses or interpreters committing deceitful or dishonest acts;

d/ Obstructing notarial activities.

The above are prohibited acts in notarization activities according to current regulations in Vietnam.

Best Regards!