06 Samples of notarial certificate in Vietnam

06 Samples of notarial certificate in Vietnam (Internet image)

1. 06 Samples of notarial certificate in Vietnam

06 Samples of notarial certificate are issued together with Circular 01/2021/TT-BTP, specifically:

- Sample of notarial certificate generally applicable to transaction contracts (Form TP-CC-21)

Form TP-CC-21

-  Sample of notarial certificate applicable to the authorization contract in case the mandator and the authorized party cannot personally appear before the same notary practice organization (Form TP-CC-22)

Form TP-CC-22

- Sample of notarial certificate applicable to will and amendments thereto (Form TP-CC-23);

Form TP-CC-23

- Sample of notarial certificate applicable to agreement on division of estate/claim of estate (Form TP-CC-24);

Form TP-CC-24

- Sample of notarial certificate applicable to waiver of estate (Form TP-CC-25);

Form TP-CC-25

- Sample of notarial certificate applicable to translation (Form TP-CC-26);

Form TP-CC-26

2. Contents to be included in the the testimonies of notaries in Vietnam

The notary's testimony is an integral part of the notarized document.

* Testimonies of a notary for a contract or transaction must

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

- Certify that the parties to the contract or transaction act on a completely voluntary basis and has civil act capacity, and that the purpose and contents of the contract or transaction are compliant with law and social ethics, signatures or fingerprints in the contract or transaction are truly those of the parties to the contract or transaction;

- State the responsibility of the notary for his/her testimonies;

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

* 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;

- Clearly state full name of the interpreter;

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

- 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.

(Clause 1, Article 46, Clause 3, Article 61 of Law on Notarization 2014)

3. Signatures, fingerprints in notarized documents in Vietnam

- 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.

- 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.

- Both fingerprint and signature may be used in the following cases:

= Notarization of testaments;

= At the request of the notarization requester;

= The notary finds it necessary to protect the interests of the notarization requester.

(Article 48 of the Law on Notarization 2014)

Nguyen Thi Diem My

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