Hanoi-Vietnam: What are the differences between notarization and authentication?

Notarization means the written authentication by a notary of a notarial practice organization of the authenticity and lawfulness of a contract or another civil transaction (below referred to as contract or transaction) or of the accuracy, lawfulness, and conformity with social ethics of the Vietnamese or foreign-language translation of a paper or document (below referred to as translation) which is prescribed by law or voluntarily requested by an individual or organization to be notarized

Aim to ensure the content of a contract or transaction;

The notary is responsible for the legality of the contract or transaction, and by ensuring its legality, minimizes risk

Documents to be notarized include:

- Civil contracts;

- Civil transactions;

- Translations.

Documents to be authenticated include:

- Issuance of copies from master registers;

- Authentication of copies from the original;

- Authentication of signatures;

- Authentication of contracts, and transactions.

Individuals performing notarization are:

- Notaries from notary bureaus;

- Notaries from Notary Offices.

Notary Offices and Notary Bureaus are organized and operate according to legal regulations.

Individuals performing authentication are:

- The Head or Deputy Head of the Justice Division in districts, towns, and provincial-level cities;

- The Chairman, Vice Chairman of the People's Committee of communes, wards, and towns;

- Notaries from Notary Offices and Notary Bureaus;

- Diplomatic officers, consular public employees of Vietnamese diplomatic missions, consular missions; and

- Other authorized agencies to perform consular functions of Vietnam abroad.

- Notarized documents are effective from the date they are signed and sealed by notarizing organizations.

- Notarized contracts and transactions are enforceable by the parties concerned; if an obligated party does not perform their duty, the other party has the right to request the Court to resolve according to legal regulations unless otherwise agreed by the contract parties.

- Notarized contracts and transactions have evidential value; the facts and events in notarized contracts and transactions do not require proof unless declared invalid by the Court.

- Notarized translations are as valuable as the original documents.

- Copies issued from master registers are valid for use in transactions, except where otherwise provided by law.

- Authenticated copies are valid for use in place of the original in transactions, except where otherwise provided by law.

- Authenticated signatures serve as evidence that the signing person has signed it, forming a basis for determining the signer's responsibility for the document's content.

- Authenticated contracts and transactions serve as evidence of the time, location of the signing, the civil act capacity, voluntary intent, signatures, or fingerprints of the contract participants.

Decree 23/2015/ND-CP;

Circular 01/2020/TT-BTP.