When a person who does not know how to read or write requests for notarization of a documents, how can he/she confirm a notarized document in Vietnam?

When a person who does not know how to read or write requests for notarization of a documents, how can he/she confirm 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.

According to the regulations above, a person requesting notarization who is unable to sign due to illiteracy can use a fingerprints to confirm the notarized document.

Your grandmother, who is illiterate, can still have the notary read back the entire contents of the land use right gift contract. If your grandmother agrees, she can use her right index finger to sign to the contract.

What are the fines imposed on a notary for signing on behalf of the person requesting notarization in Vietnam?

Based on Clause 3 and 5 of Article 12 of Decree 82/2020/ND-CP, the following are regulations on violations related to the notarization of contracts, transactions, and translations:

3. Fines from VND 20,000,000 to VND 30,000,000 for one of the following acts:

a) Forging, hiring, or asking someone else to forge the person requesting notarization; forging, hiring, or asking someone else to forge a person with rights and obligations related to the contract, transaction, to notarize the contract, transaction; forging the signature of the person requesting notarization;

b) Requesting to notarize a forged contract, transaction;

c) Providing false information or documents to notarize a contract, transaction;

d) Providing false information or documents to notarize a translation;

dd) Interfering with the notarization process.

5. Remedial measures:

a) Force the organization practicing notarization that is storing the notarization dossier to inform the agencies, organizations, and individuals with rights and obligations about the violations specified in Clause 2, Points a, b, and c of Clause 3 of this Article;

b) Force the organization practicing notarization that is storing the notarization dossier to announce on the website of the Department of Justice where it is located about the translations that have been notarized as specified in Clause 1 and Point d of Clause 3 of this Article;

c) Recommend that the agencies, organizations, and persons with authority consider and handle the documents and papers that have been erased, corrected, or altered to distort the content specified in Clause 1 of this Article.

Therefore, according to the regulations above, a notary who signs on behalf of the person requesting notarization will be fined from VND 20,000,000 to VND 30,000,000. In addition, the organization practicing notarization that is storing the notarization dossier must inform the person with rights and obligations.

What are regulations on the correction of technical errors in a notarized document in Vietnam?

Pursuant to Article 50 of the Law on Notarization in 2014 stipulating the correction of technical errors in a notarized document in Vietnam 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.

Best regards!