Notarization of translations is one of the activities that notarization practice organizations carry out. So, what are conditions for notarization of translations in Vietnam?
Article table of contents
Conditions for notarization of translations in Vietnam (Source: Internet)
1. Vietnamese interpreter being a collaborator of the notarial practice organization
Clause Article 61 of the Law on Notarization 2014 stipulates interpreters being collaborators of notarial practice organizations as follows:
- The translation of papers and documents from Vietnamese into a foreign language or vice versa for notarization shall be done by interpreters being collaborators of notarial practice organizations.
- These collaborators must be graduates of foreign language universities or other universities who are fluent in the foreign language used.
In addition, these collaborators shall take responsibility before notarial practice organizations for the accuracy and consistency of their translations.
Specifically, according to Article 22 of Circular 01/2021/TT-BTP, interpreter collaborators of notarial practice organizations are prescribed as follows:
- Interpreter collaborators of notarial practice organizations must fully satisfy the criteria specified in Clause 1, Article 61 of the Law on Notarization 2014.
In case the interpreter collaborator has registered a signature specimen at the notarial practice organization for which he/she works as a collaborator, he/she may sign the translation in advance; The notary must compare the actual signature of the interpreter collaborator with the signature specimen before bearing the notarial certificate and signing each page of the translation.
Rights and obligations of the notarial practice organization:
- Sign a contract with an interpreter collaborator, clearly defining the collaborator's responsibilities for the content, translation quality, remuneration, rights and obligations of the parties;
- Notify in writing to the Department of Justice where the notarial practice organization registers its operation the list of interpreter collaborators within 05 working days from the date of signing the contract with the collaborator;
- Pay interpreter remuneration as agreed with the interpreter collaborators;
- Publicly post the list of interpreter collaborators at its head office;
- Make restitution for any damage caused and claim reimbursement from interpreter collaborators according to Article 38 of Law on Notarization 2014;
- Other rights and obligations as agreed with the interpreter collaborators or as prescribed by law.
2. Procedures for notarization of translations
According to Clauses 2 and 3, Article 61 of the Law on Notarization 2014, the procedures for notarizing translations are as follows:
- A notary shall receive originals of papers and documents to be translated, check them before handing to an interpreter being a collaborator of the notarial practice organization for translation. The interpreter shall sign every page of his/her translations before the notary writes the testimonies and signs every page of such translations.
Every page of translations shall be appended with the “Translation” mark in the right top blank space; translations shall be attached with copies of originals and have every two adjoining sheets appended with an overlapping seal on their inner edges.
- 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.
- Full name of the interpreter; certify that the signature in the translations is truly that of the interpreter; and 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.
3. Cases where the translation is not notarized
According to Clause 4, Article 61 of the Law on Notarization 2014 stipulates that a notary may not receive and notarize translations in the following cases:
- He/she knows or must know that the originals are granted ultra vires or are invalid or counterfeit;
- Papers or documents requested for translation have been erased or modified, have additions or omissions, or are damaged or rumpled, making their contents unreadable;
- Papers or documents requested for translation are classified as state secrets; papers or documents are banned from dissemination under law.
Thus, to be able to notarize a translation, a notary public must have a translation collaborator according to the above regulations.
Chi Nhan
