Can signatures and fingerprints be both used in a notarized document in Vietnam?

Can signatures and fingerprints be both used in a notarized document in Vietnam?

Pursuant to Article 48 of the Law on Notarization in 2014 stipulating signatures, fingerprints in notarized documents as follows:

1. Notarization requesters, witnesses and interpreters shall sign contracts or transactions in the presence of notaries.

When a person competent to conclude contracts of a credit institution or another enterprise has registered his/her specimen signature at the notarial practice organization, he/she may sign the contract beforehand; a notary shall compare the signature in the contract with the specimen signature before notarization.

2. Fingerprints may be used instead of signatures in case notarization requesters, witnesses or interpreters are unable to sign because they are physically disabled or do not know how to sign. For his/her fingerprint, the notarization requester, witness or interpreter shall use his/her right forefinger; if he/she cannot use the right forefinger, he/she may use the left forefinger; if he/she cannot use both forefingers, he/she may use another finger; in this case which finger of which hand is used must be clearly stated.

3. Both fingerprint and signature may be used in the following cases:

a/ Notarization of testaments;

b/ At the request of the notarization requester;

c/ The notary finds it necessary to protect the interests of the notarization requester.

As regulations above, signatures and fingerprints can be both used in a notarized document in Vietnam.

Can signatures and fingerprints be both used in a notarized document in Vietnam? - Source: Internet

According to the law in Vietnam, can technical errors in a notarized document be corrected at a notary office other than the one that notarized the document?

Pursuant to Article 50 of the Law on Notarization in 2014 stipulating correction of technical errors in notarized documents as follows:

1. Technical errors include recording, typing or printing mistakes in notarized documents the correction of which does not affect the rights and obligations of parties to contracts or transactions.

2. Technical errors in notarized documents shall be corrected at a notarial practice organization that has conducted the notarization. If the notarial practice organization that has conducted the notarization has terminated its operation or been transformed, transferred or dissolved, the notarial practice organization that is keeping the notarial records shall correct technical errors.

3. A notary who corrects technical errors shall match each error against papers in the notarial records, underline the errors to be corrected, write the correct words, marks or numbers on the page margin, then sign and append the seal of the notarial practice organization. The notary shall notify the correction of technical errors to the parties to the contract or transaction.

As regulations above, the correction of technical errors in a notarized document is carried out at the notary office that performed the notarization.

Therefore, a notarized document from the local People's Committee must be corrected at the local People's Committee that notarized the document. The document cannot be taken to another notary office to be corrected.

What are cases of the notarization of the amendment to a notarized contract in Vietnam?

Pursuant to Article 51 of the Law on Notarization in 2014 stipulating notarization of the modification, supplementation or cancellation of contracts or transactions as follows:

1. The modification, supplementation or cancellation of a notarized contract or transaction may be notarized only with the written agreements or commitments of all parties to that contract or transaction.

2. The modification, supplementation or cancellation of a notarized contract or transaction shall be notarized at the notarial practice organization that has conducted the notarization and shall be made by a notary. If the notarial practice organization that has conducted the notarization has terminated its operation or been transformed, transferred or dissolved, a notary of the notarial practice organization that is keeping the notarial records shall modify, supplement or cancel the contract or transaction.

3. Procedures for notarization of the modification, supplementation or cancellation of a notarized contract or transaction are the same as procedures for notarization of contracts and transactions prescribed in this Chapter.

As regulations above, the notarization of the amendment to a notarized contract is only carried out when there is an agreement and commitment in writing by all parties to the contract and transaction.

Best regards!