What is Notarization?

According to Clause 1, Article 2 of the Notarization Law 2014, it is stipulated: Notarization is the act of a notary of a notarial practice organization certifying the authenticity and legality of contracts and other civil transactions in writing (hereinafter referred to as contracts, transactions), the accuracy, legality, not contrary to social ethics of the translation of documents and papers from Vietnamese into foreign languages or from foreign languages into Vietnamese (hereinafter referred to as translations) that according to the law must be notarized or individuals, organizations voluntarily request notarization.

Based on the concept of notarization, we see that the notarization activity involves the participation of subjects such as:

- Notary is a person who meets the standards prescribed in Article 8 of the Notarization Law 2014, appointed by the Minister of Justice to practice notarization. For instance, Vietnamese citizens residing in Vietnam, adhering to the Constitution and law, possessing good ethical qualities, and meeting the following standards shall be considered for appointment as notaries:- Holding a Bachelor of Laws degree;- Having at least 5 years of legal work experience in agencies or organizations after obtaining a Bachelor of Laws degree;- Having graduated from a notary profession training course as prescribed in Article 9 of this Law or completed a notary profession training course as prescribed in Clause 2, Article 10 of this Law;- Meeting the requirements for the apprenticeship results of notary practice;- Ensuring good health to practice notarization.- Notarization requester is an individual or organization, either Vietnamese or foreign.- Notarial practice organization including Notary Office and Notarial Bureau. Specifically:- Notary Office (established by the provincial People's Committee, is a public service provider under the Department of Justice, having its headquarters, seal, and separate account).- Notarial Bureau (established by at least 02 partner notaries according to the type of partnership company, having its seal and account, operating on the principle of financial autonomy from notarization fees, notary remuneration, and other lawful revenues).- Objects to be notarized are Notarized documents including contracts, transactions, translations.

Notarized documents have legal value from the date they are signed and sealed by the notary, effective for the parties involved; in cases where the obligated party does not fulfill their obligation, the other party has the right to request a court to resolve it according to legal provisions, unless the parties involved in the contract or transaction have other agreements. Notarized documents have evidential value; the notarized translations have value for use as the translated documents. (Article 5 of the Notarization Law 2014)

The language and writing used in notarization must be in Vietnamese.

The notarization procedures include the following steps:

- Step 1: The notarization requester gathers all the necessary documents according to the guidance (Photo copies and the original documents for comparison) and submits them at the document reception section.- Step 2: The reception section will check the received documents and the stored documents. If conditions are met, the documents will be accepted; otherwise, additional documents will be requested.- Step 3: Immediately after receiving sufficient documents, the professional department will draft the transaction contract. The drafted transaction contract will be transferred to the content and technical appraisal department for review and then given to the parties for re-reading.- Step 4: The parties will sign and fingerprint each page of the contract. The notary will sign thereafter and transfer it to the sealing department, document storage and return the documents.- Step 5: The notarization requester or one of the parties shall pay the notarization fee, receive the notarized contracts, and transactions.

For further information on notarization procedures, refer to: Notarization Law 2014 and the related guiding documents.

However, in reality, many people confuse notarization with certification, and some even consider the two activities as one. Therefore, it is essential to clearly distinguish these two concepts.

See certification here.

Related documents:

Decree 29/2015/ND-CP guiding the Notarization Law 2014

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