What are regulations on notarizing an authorization contract in Vietnam?

What are regulations on notarizing an authorization contract in Vietnam?

In cases where the content of the authorization contract involves representing the principal in transferring ownership rights to assets, gifting, or mortgaging real estate properties, can it be notarized or authenticated? What is the legal basis on this matter?

Answer:

Pursuant to Article 2 of the Law on Notarization in 2014 stipulating as follows:

- Notarization means the written certification by a notary of a notarial practice organization of the authenticity and lawfulness of a contract or another civil transaction (below referred to as contract or transaction) or of the accuracy, lawfulness and conformity with social ethics of the Vietnamese or foreign-language translation of a paper or document (below referred to as translation) which is prescribed by law or voluntarily requested by an individual or organization to be notarized.

- The authorization of rights to transfer, gift, or mortgage real estate properties is a civil transaction, which can be notarized or authenticated according to legal regulations or upon the voluntary request of the person seeking notarization. Therefore, you have it notarized at any professional notary organization.

What are regulations on notarizing an authorization contract in Vietnam? - image from internet

Can an authorization contract in Vietnam be concluded without all parties present?

Currently, my brother wants to sell his house in Ho Chi Minh City. He is working in Hanoi. When he contacted a notary office in Ho Chi Minh City, they requested both parties to be present before accepting. Is this legally correct?

Answer:

Pursuant to Clause 2 Article 55 of the Law on Notarization in 2014, in case both the authorizing party and authorized party cannot appear together at the same notarial practice organization, the authorizing party shall request the notarial practice organization of the place of residence of the authorizing party to notarize the authorization contract; the authorized party shall request the notarial practice organization of the place of residence of the authorized party to further notarize the original of this authorization contract and complete procedures for notarization of the authorization contract.

As regulations above, the notary office's response that both parties need to be present to notarize an authorization is not appropriate.

Based on the information you provided, here is our advice: your brother should draft an authorization letter and get it notarized in Hanoi. Then, he can send the notarized document from Hanoi to Ho Chi Minh City. You can take this document to a notary office in Ho Chi Minh City for further notarization.

Is the notary responsible for the legality of the notarized contract in Vietnam?

Does the notary bear responsibility for the legality of the notarized contract? Thank you!

Answer:

Pursuant to Clause 1 Article 2 of the Law on Notarization in 2014 stipulating as follows:

Notarization means the written certification by a notary of a notarial practice organization of the authenticity and lawfulness of a contract or another civil transaction (below referred to as contract or transaction) or of the accuracy, lawfulness and conformity with social ethics of the Vietnamese or foreign-language translation of a paper or document (below referred to as translation) which is prescribed by law or voluntarily requested by an individual or organization to be notarized.

Based on the quoted regulations above, the notaries are not only responsible for confirming transactions and contracts established in reality between individuals or organizations, but also for the legality of the notarized transaction contracts.

Best regards!