Notarization and Authentication: What Are the Differences?

According to Article 2 of Decree No. 23/2015/ND-CP dated February 16, 2015, of the Government of Vietnam, regarding the issuance of copies from the original registers, authentication of copies from the originals, authentication of signatures, and authentication of contracts and transactions: "Authentication of copies from the original is the act by which a competent authority as stipulated in this Decree verifies that a copy is true to the original; Authentication of contracts and transactions is the act by which a competent authority as stipulated in this Decree verifies the time, place of execution of the contract, transaction; civil act capacity, voluntary will, signature or fingerprint of the parties involved in the contract, transaction..."

According to the cited regulations above, it can be seen that notarization and authentication have some fundamental differences as follows:

- Regarding the authority to perform notarization and authentication: Notarization of contracts, transactions is conducted by judicial auxiliary agencies, specifically the Notary Office and Notary Public Office. Meanwhile, the authentication of copies from the originals and the authentication of signatures are performed by the People's Committees at the commune level, the Justice Departments at the district level, district-level town, and provincial-level cities.

You should note that notaries also have the authority to authenticate. According to Article 5 of Decree No. 23/2015/ND-CP: "Authentication of copies from the originals of documents issued by competent authorities of Vietnam; competent authorities of foreign countries; competent authorities of Vietnam in association with competent authorities of foreign countries," and "authentication of signatures in documents, except for the authentication of the translator's signature," is signed and sealed by the Notary Office and Notary Public Office.

- Authentication is only performed on copies and signatures in the documents of the requester or for events without mentioning content. Meanwhile, notarization ensures the content of a contract, a transaction, with the notary being responsible for the legality of such contract or transaction.

Currently, the law does not stipulate whether authenticated or notarized contracts, transactions have higher legal validity. Hence, individuals can choose between notarization or authentication. In practice, notarized contracts, transactions are deemed more legally secured and minimize risks.

Some types of contracts, transactions that must be notarized or authenticated:

- Housing purchase contracts (Article 450 of the 2005 Civil Code); Auctioned real estate sales (Article 459); Property exchange contracts (Article 463).

- In cases of purchasing, gifting, exchanging, capital contribution, mortgaging houses, transferring commercial housing purchase contracts, notarization or authentication of the contract is required, except for when organizations gift, donate gratitude houses, charity houses; buying, leasing, leasing-purchase houses under state ownership; buying, leasing, leasing-purchase social houses, houses serving resettlement; capital contribution by houses where one party is an organization; leasing, borrowing, lending, authorizing house management does not require notarization or authentication.

- Documents regarding inheritance of land use rights, land use rights, and attached assets; Contracts for the transfer, gifting, mortgaging, capital contribution by land use rights, land-use rights, and attached assets must be notarized or authenticated (Article 167 of the 2013 Land Law)...

According to vnexpress

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