The sample of Notarial certificates of notaries for transaction contracts in Vietnam (Form tp-cc-21)

The sample of Notarial certificates of notaries for transaction contracts in Vietnam (Form tp-cc-21)

In the Appendix issued with Circular 01/2021/TT-BTP, there are provisions regarding Notarial certificates of notaries for transaction contracts.

Note: The sample of Notarial certificates of notaries is applicable to both contracts and transactions.

The sample of Notarial certificates of notaries for transaction contracts in Vietnam (Form tp-cc-21) - image from internet

What are samples of Notarial certificates of notaries in Vietnam according to the Circular 01/2021/TT-BTP?

Pursuant to Article 24 of the Circular 01/2021/TT-BTP stipulating notarial certificates of notaries:

Notarial certificates of notaries

1. The notarial certificate of a notary is an integral part of the notarized document.

2. The samples of notarial certificates are issued together with this Circular, including:

a) The notarial certificate generally applicable to contracts (transactions); notarial certificate applicable to the authorization contract in case the mandator and the authorized party cannot go to the same notarial practice organization to sign the contract; notarial certificate applicable to will and amendments thereto; notarial certificate applicable to agreement on division of estate/claim of estate; notarial certificate applicable to waiver of estate;

b) The notarial certificate applicable to the translation.

3. Pursuant to the provisions of Clause 1, Article 46 and Clause 3, Article 61 of the Law on Notarization, the samples of notarial certificates and notes on how to write notarial certificates issued together with this Circular, the notary shall draft appropriate notarial certificate in conformity with each specific contract or transaction.

Notaries may not include in their notarial certificates any content to evade or reduce his/her liability, or content that violates the law or is contrary to social ethics.

As regulations above, the samples of notarial certificates include:

- Notarial certificate generally applicable to contracts (transactions);

- Notarial certificate applicable to the authorization contract in case the mandator and the authorized party cannot go to the same notarial practice organization to sign the contract;

- Notarial certificate applicable to will and amendments thereto;

- Notarial certificate applicable to agreement on division of estate/claim of estate;

- Notarial certificate applicable to waiver of estate;

- Notarial certificate applicable to the translation.

What are contents of the notarial certificate of notaries on translations in Vietnam?

Pursuant to Article 61 of the Law on Notarization in 2014 stipulating notarization of translations:

Notarization of translations

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.

As regulations above, the notarial certificate of notaries on translations in Vietnam must include following contents:

- The time and place of notarization, full name of the notary and name of the notarial practice organization;

- Full name of the interpreter;

- Certification of the signature in the translations that is truly that of the interpreter;

- Certificaiton of the translations that are accurate and consistent with law and social ethics;

- The signature of the notary and seal of the notarial practice organization.

Best regards!