I, Nguyen Thi Lanh, am preparing to operate a Trung Nguyen coffee shop in the form of a franchise. According to the law, this contract must be notarized to ensure its validity. I have had the contract notarized, but upon rechecking, I found that some pages of the contract have not been initialed. May I ask if the notary public is liable for the absence of these initials?
According to the law, in certain cases, a contract or civil transaction must be executed in writing and notarized. This notarization ensures the authenticity, accuracy, and legality of the contract or civil transaction. For instance, contracts for the purchase and sale of housing, franchise agreements, and many other complicated contracts require notarization.
As stipulated in Article 46 of the Notarization Law 2014, the notary's certification includes the following:
- The notary's certification for the contract or transaction must clearly state the time and place of notarization, the notary's name and surname, the name of the notary practice organization; certify that the participants in the contract or transaction are fully voluntary, have civil act capacity, and that the purpose and content of the contract or transaction do not violate the law or social ethics; the signatures or fingerprints in the contract or transaction are indeed those of the participants; the notary's responsibility to the certification; the notary's signature and the seal of the notary practice organization.
- The Minister of Justice regulates the detailed form of the notary's certification for contracts and transactions.
From the above regulation, it can be seen that fingerprinting is one of the contents in the contract or transaction that the notarization requestor must perform.
Moreover, according to the provisions of Decree 67/2015/ND-CP, a fine ranging from VND 3,000,000 to VND 7,000,000 will be imposed on notaries who notarize a contract or transaction if:
- The notary's signature is missing, or the requestor's signature or fingerprint is missing on each page of the contract or transaction;- The translation notarization lacks the notary's signature, or the translator's signature or fingerprint on each page of the translation.
Thus, with the lack of fingerprinting on each page of your contract, the notary may face administrative penalties with a fine ranging from VND 3,000,000 to VND 7,000,000 according to the above regulation.
Address: | 19 Nguyen Gia Thieu, Vo Thi Sau Ward, District 3, Ho Chi Minh City |
Phone: | (028) 7302 2286 |
E-mail: | info@lawnet.vn |