What are violations related to notarization of contracts, transactions, translation in Vietnam? What are sanctions for those violations?

What are violations related to notarization of contracts, transactions, translation in Vietnam? What are sanctions for those violations?

Pursuant to Article 12 of the Decree 82/2020/NĐ-CP stipulating as follows:

 Acts of violation of regulations related to notarization of contracts, transactions, translations

1. A fine of between VND 7,000,000 and 10,000,000 shall be imposed for one of the following acts:

a) Erasing, correcting and falsifying contents of papers and documents issued by competent agencies, organizations or persons in order to have contracts, transactions or translations notarized;

b) Using papers and documents issued by competent agencies, organizations or persons that have been erased or corrected to falsify their contents in order to have contracts, transactions or translations notarized.

2. A fine of between VND 10,000,000 and 15,000,000 shall be imposed for one of the following acts:

a) Deception or dishonesty when testifying or interpreting;

b) The translation is inaccurate or inconsistent with the papers or documents to be translated.

3. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for one of the following acts:

a) Forge, hire or ask another person to impersonate a notarization requester; forge, hire or ask others to impersonate a person with interests and obligations related to a contract or transaction in order to notarize the contract or transaction; forge signatures of notarization requesters;

b) Request for notarization of fake contracts or transactions;

c) Provide untruthful information and documents to notarize contracts or transactions;

d) Provide untruthful information and documents to notarize the translation;

d) Obstruct notarization activities.

4. Additional sanctioning forms:

Confiscate material evidences which are papers and documents that have been erased or modified to falsify their contents, for violations specified in Clause 1 of this Article.

5. Remedial measures:

a) Force notarial practice organizations that are keeping notarization dossiers to notify agencies, organizations and individuals with related rights and obligations of violations specified in Clause 2, Points a and b and c Clause 3 of this Article;

b) Force the notarial practice organization that is storing notarization dossiers to notify on the portal of the Department of Justice where it is headquartered about the notarized translation specified in Clause 1 and Point d Clause 3 of this Article. This;

c) Propose competent agencies, organizations and persons to consider and handle papers and documents that have been erased or corrected to falsify the contents specified in Clause 1 of this Article.

What are violations of notary regulations on notarization of translations in Vietnam? What are sanctions for those violations?

Pursuant to Article 14 of the Decree 82/2020/NĐ-CP stipulating as follows:

Acts of violating regulations of notaries on notarization of translations

1. A fine of between VND 3,000,000 and 7,000,000 shall be imposed for one of the following acts:

a) Notarize translations in case papers and documents requested to be translated have been erased, corrected, added, removed or are damaged, old and cannot be clearly identified;

b) Refuse the originals of papers and documents to be translated, check and hand them over to interpreters who are collaborators of their organizations.

2. A fine ranging from VND 7,000,000 to VND 10,000,000 shall be imposed for notarizing translations without a notary's signature or a translator's signature on each page of the translation or failing to attach a copy of the translation.

3. A fine of between VND 10,000,000 and 15,000,000 shall be imposed for one of the following acts:

a) Notarize translations with purposes or contents that violate the law or are contrary to social ethics;

b) Notarize translations related to the property and interests of themselves or their spouses' relatives; natural father, natural mother, adoptive father, adoptive mother; natural father, natural mother, adoptive father, adoptive mother of a spouse; natural, adopted, daughter-in-law, son-in-law; grandfather, grandmother, grandfather, grandmother; siblings; brother, sister, brother of the wife or husband; 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; fake originals; papers and documents requested to be translated are state secrets; papers and documents prohibited from being disseminated according to regulations;

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

dd) Notarize translations without originals;

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

4. Additional sanctioning forms:

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

b) Force 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 3 of this Article.

Best regards!