If a notary knows documents are fake but still notarizes them, what will be administrative penalties in Vietnam?

If a notary knows documents are fake but still notarizes them, what will be administrative penalties in Vietnam?

Pursuant to Point q, Clause 3, Article 15 of Decree 82/2020/ND-CP, there are regulations on fines from 7,000,000 VND to 10,000,000 VND for one of the following acts:

a) Disclose information about notarized content without the written consent of the notarization requester, unless otherwise prescribed by law;

b) Notarize when the notary's signature is missing; signature or fingerprint of the person requesting notarization on each page of the contract or transaction;

c) Notarize without checking and comparing original documents in the notarization file according to regulations before recording testimony and signing each page of the contract or transaction;

d) Receive or request money or other benefits from the notarization requester in addition to the notarization fee according to regulations, determined notary remuneration and other agreed costs;

d) Do not witness the notarization requester, witness, or interpreter signing or fingerprinting the contract or transaction, unless otherwise prescribed by law;

e) Record testimonies in notarized documents with incomplete content as prescribed;

g) Record inaccurate testimony about contract and transaction names; subject of contract or transaction; time or place of notarization;

h) Fail to explain to the notarization requester their legal rights, obligations and interests, the meaning and legal consequences of the notarization;

i) Participate in business management outside of notary practice organizations; Carry out brokerage and agent activities; Participate in profit sharing in contracts and transactions that you notarize;

k) Do not participate in annual notary professional training, unless otherwise prescribed by law;

l) Correct technical errors in notarized documents that are not subject to technical error correction according to regulations;

m) Notarize contracts and transactions in cases where the person signing the contract or transaction does not have or exceeds representative authority;

n) Notarize in cases where it is clearly known that the witness does not meet the prescribed conditions;

o) Do not conduct verification or request expertise in case there is a request for verification or expertise from the notarization requester;

p) Do not compare the signature of the person authorized to enter into contracts of another credit institution or enterprise with the sample signature registered at the notary practice organization before performing the notarization; Notarize contracts when the person with authority to enter into contracts of a credit institution or other enterprise has not registered a sample signature at a notary practice organization but has signed the contract in advance;

q) Notarize contracts and transactions in cases where there is no basis to determine private use rights or ownership of assets when participating in contracts or transactions.

Thus, a notary who knows the documents are fake but still notarizes them will be subject to an administrative fine of between 7,000,000 VND and 10,000,000 VND in Vietnam.

Knowing the documents are fake but still notarizing them, will I be prosecuted for criminal liability?

According to Article 360 ​​of the 2015 Penal Code as amended by Clause 128, Article 1 of the Law amending the 2017 Penal Code, there is a provision for negligence that results in serious consequences:

1. Any person who negligently fails to perform or correctly perform his/her in any of the following circumstances, except in the circumstances specified in Article 179, Article 308 and Article 376 hereof, shall face a penalty of up to 03 years' community sentence or 06 - 60 months' imprisonment:

a) The offence results in the death of a person;

b) The offence causes ≥ 61% WPI for another person;

c) The offence causes a total WPI of 61% - 121% for more than one person.

d) The property damage caused by the offence is assessed at from VND 100,000,000 to under VND 500,000,000.

2. This offence committed in any of the following circumstances carries a penalty of 03 - 07 years' imprisonment:

a) The offence results in the death of 02 people;

b) The offence causes a total WPI of 122% - 200% for more than one person;

c) The property damage caused by the offence is assessed at from VND 500,000,000 to under VND 1,500,000,000.

3. This offence committed in any of the following circumstances carries a penalty of 07 - 12 years' imprisonment:

a) The offence results in the death of ≥ 03 people;

b) The offence causes a total WPI of ≥ 201% for ≥ 03 people;

c) The property damage caused by the offence is assessed at ≥ VND 1,500,000,000.

4. The offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 years.

Therefore, the act of knowing that the documents are fake but the notary still notarizes them may be prosecuted for criminal liability and sentenced to community sentence for up to 03 years or imprisonment from 06 months to 05 years in Vietnam.

Best regards!