How much is fine for a notary who notarizes a translation with a counterfeit original in Vietnam?

How much is fine for a notary who notarizes a translation with a counterfeit original in Vietnam?

Clause 4, Article 61 of the Law on Notary 2014 stipulates that notaries may not receive and notarize translations in the following cases:

4. A notary may not receive and notarize translations in the following cases:

a/ He/she knows or must know that the originals are granted ultra vires or are invalid or counterfeit;

b/ Papers or documents requested for translation have been erased or modified, have additions or omissions, or are damaged or rumpled, making their contents unreadable;

c/ Papers or documents requested for translation are classified as state secrets; papers or documents are banned from dissemination under law.

According to Clause 3, Clause 4 and Clause 5, Article 14 of Decree 82/2020/ND-CP stipulates violations of regulations by notaries on notarization of translations as follows:

3. Fine from 10,000,000 VND to 15,000,000 VND for one of the following acts:

a) Notarize translations whose purpose or content violates the law or is contrary to social ethics;

b) Notarization of translations related to the property and interests of themselves or their spouses' relatives; biological father, biological mother, adoptive father, adoptive mother; natural father, natural mother, adoptive father, adoptive mother of a spouse; biological children, adopted children, daughters-in-law, sons-in-law; grandfather, grandmother, grandfather, grandmother; siblings; siblings of the spouse; grandchildren are children of natural or adopted children;

c) Notarize the translation in case it is known or ought to know that the original has been issued improperly or is invalid; counterfeit original; papers and documents requested to be translated are state secrets; papers and documents prohibited from being disseminated according to regulations;

d) Notarization of translations performed by interpreters who are not collaborators of notarial practice organizations where they are practicing;

dd) Notarized translations without originals;

e) Notarization of translations that are incorrect with the contents of the papers and documents to be translated.

4. Additional penalties:

a) Deprive the right to use notary cards from 01 to 03 months, for the violations specified at Points b and d, Clause 3 of this Article;

b) Deprivation of the right to use notary's cards from 03 to 06 months, for violations specified at Points a, c, dd and e, Clause 3 of this Article.

5. Remedial measures:

a) Forced to return illegal profits obtained from committing violations specified in Clause 3 of this Article;

b) Forcing notarial practice organizations that are storing notarization dossiers to notify on the portal of the Department of Justice where they are headquartered about the notarized translations specified at Points c, dd and e, Clause 1 of this Article. 

Pursuant to Clause 4, Article 4 of Decree 82/2020/ND-CP stipulating fine levels:

4. The fine levels specified in Chapters II, III, IV, V, VI and VII of this Decree shall be applied to administrative violations committed by individuals, except for the articles specified in Clause 5 of this Article . 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.

Thus, according to the above regulations in Vietnam, any notary who notarizes a translation while still knowing that the original is a fake will be fined from 10,000,000 VND to 15,000,000 VND.

In addition, the notary will be stripped of the right to use the notary card from 03 to 06 months and will be forced to notify the notary practice organization that is storing the notary records on the electronic portal of the Department of Justice where it is headquartered about the notarized translation in Vietnam.

What are things to note about notarized translations in Vietnam?

Article 61 of the Law on Notary 2014 stipulates the notarization of translations as follows:

1. The translation of papers and documents from Vietnamese into a foreign language or vice versa for notarization shall be done by interpreters being collaborators of notarial practice organizations. These collaborators must be graduates of foreign language universities or other universities who are fluent in the foreign language used. These collaborators shall take responsibility before notarial practice organizations for the accuracy and consistency of their translations.

2. A notary shall receive originals of papers and documents to be translated, check them before handing to an interpreter being a collaborator of the notarial practice organization for translation. The interpreter shall sign every page of his/her translations before the notary writes the testimonies and signs every page of such translations.

Every page of translations shall be appended with the “Translation” mark in the right top blank space; translations shall be attached with copies of originals and have every two adjoining sheets appended with an overlapping seal on their inner edges.

3. Testimonies of a notary on translations must clearly state the time and place of notarization, full name of the notary and name of the notarial practice organization; full name of the interpreter; certify that the signature in the translations is truly that of the interpreter; and certify that the translations are accurate and consistent with law and social ethics; such testimonies must bear the signature of the notary and seal of the notarial practice organization.

4. A notary may not receive and notarize translations in the following cases:

a/ He/she knows or must know that the originals are granted ultra vires or are invalid or counterfeit;

b/ Papers or documents requested for translation have been erased or modified, have additions or omissions, or are damaged or rumpled, making their contents unreadable;

c/ Papers or documents requested for translation are classified as state secrets; papers or documents are banned from dissemination under law.

5. The Minister of Justice shall stipulate in detail the model testimonies of notaries for translations.

Here are some things to keep in mind when notarizing a translation in Vietnam.

Best regards!