Is it possible to amend, supplement or cancel notarized contracts or transactions in Vietnam?

Is it possible to amend, supplement or cancel notarized contracts or transactions in Vietnam?

I have questions and would like to ask you to answer the following: Can notarized contracts and transactions be amended, supplemented, or canceled? Hope to get a response soon. Sincerely thank!

Reply:

Contracts and transactions that have been notarized can be collectively called notarized documents.

Regarding the issue you are wondering about, Clause 1, Article 51 of the Notary Law 2014 has the following provisions:

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.

Thus, according to this regulation in Vietnam, when all persons participating in a contract or transaction have an agreement or commitment in writing, the notarized contract or transaction will be amended, supplemented, or canceled according to their agreement.

According to this Article, the notarization of amendments, supplements or cancellations of notarized contracts or transactions shall be carried out at notarization practice organizations that have performed the notarization and conducted by notaries. In case the notarial practice organization that has performed notarization terminates its operation, transforms, transfers or dissolves, the notary of the notarial practice organization which is keeping the notarization dossier shall make the amendment, supplement, cancellation of notarized contracts or transactions.

What are steps of procedures for notarization of contracts in Vietnam?

I want to know the steps of the contract notarization procedure

Reply:

Procedures for notarizing contracts are as follows:

- The notarization requester submits a set of notarization request documents, including the following documents:

+ Form notarization request of contracts and transactions;

+ Draft economic contract (if any);

+ Copies of personal identification documents and legal entity documents;

+ A copy of the document on the subject of the contract;

Copies of other documents related to the contract or transaction that are required by law.

The copy mentioned above is a photocopy, printout, typed copy or computer typed copy but must have the same complete and accurate content as the original and must not be certified. When submitting a copy, the notarization requester must present the original for comparison.

- The notary public receives the dossier and checks the documents in the notarization request file. In case the application for notarization is complete and in accordance with the provisions of law, it will be accepted and recorded in the notary book.

- In cases where there are grounds to believe that there are unclear issues in the notarization request dossier, the conclusion of contracts or transactions shows signs of intimidation, coercion, or doubts aabout the civil act capacity of the person requesting notarization or if there is suspicion that the subject matter of the contract or transaction is not real, the notary will request the person requesting notarization to clarify or at the request of the notarization requester, the notary shall verify or request an appraisal; If you cannot clarify, you have the right to refuse notarization.

- Notaries check draft contracts and transactions; if in the draft contract, the transaction contains provisions that violate the law, are contrary to social ethics, the subject matter of the contract or the transaction is inconsistent with reality, the notary must specify to the person requesting the notarization to make corrections. In case the notarization requester fails to make corrections, the notary has the right to refuse notarization.

- The parties themselves re-read the draft contract or transaction or the notary reads it to the notarization requester. In case the notarization requester agrees with all contents of the draft contract or transaction, he/she shall sign each page of the contract or transaction. The notarization requester must sign the notarized document in front of the notary.

- Notary public records testimony; Sign each page of the contract or transaction.

After paying the notary fee and remuneration according to the provisions of law in Vietnam, you will receive the original economic contract certified by a notary.

What are regulations on notarization of the modification, supplementation or cancellation of contracts or transactions in Vietnam? 

What are regulations on notarization of the modification, supplementation or cancellation of contracts or transactions in Vietnam? Hello, my name is Phuoc Loc. In the process of learning about notary activities, I have questions that I would like to ask you to answer for me. Specifically, please ask: Currently, what are regulations on notarization of the modification, supplementation or cancellation of contracts or transactions? Which legal document regulates this issue? Looking forward to receiving feedback. I sincerely thank!

Reply:

Currently, notarization of the modification, supplementation or cancellation of contracts or transactions is regulated in Article 51 of the Notary Law 2014 with the following content:

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.

Above is the response to notarization of the modification, supplementation or cancellation of contracts or transactions in Vietnam. You can find out more information about this issue at the Notary Law 2014.

Best regards!