Recently, the Ministry of Justice of Vietnam issued Circular 01/2021/TT-BTP detailing a number of articles and measures to implement the Law on Notarization 2014, replacing Circular 06/2015/TT-BTP .
Article table of contents
Vietnam: 06 samples of notarial certificate to apply from March 26, 2021 (Illustration)
Promulgated together with Vietnam's Circular 01/2021/TT-BTP are 06 notarial certificate applied from March 26, 2021, including:
(1) The notarial certificate generally applicable to contracts (transactions);
(2) The notarial certificate applicable to the authorization contract in case the mandator and the authorized party cannot go to the same notarial practice organization to sign the contract;
(3) The notarial certificate applicable to will and amendments thereto;
(4) The notarial certificate applicable to agreement on division of estate/claim of estate;
(5) The notarial certificate applicable to waiver of estate;
(6) The notarial certificate applicable to the translation.
Vietnam: 06 samples of notarial certificate to apply from March 26, 2021
Pursuant to the provisions of Clause 1, Article 46, Clause 3, Article 61 of Vietnam's Law on Notary, the model testimonies of notaries on how to record testimonies were issued together with Vietnam's Circular 01/2021/TT-BTP, the notaries drafted testimonies suitable for each specific contract or transaction.
Note: Notaries may not include in their testimonies content to evade or reduce their responsibilities, or content that violates the law or is contrary to social ethics.
Article 46. Testimonies of notaries
1. Testimonies of a notary for a contract or transaction must clearly state the time and place of notarization, full name of the notary and name of the notarial practice organization; certify that the parties to the contract or transaction act on a completely voluntary basis and has civil act capacity, and that the purpose and contents of the contract or transaction are compliant with law and social ethics, signatures or fingerprints in the contract or transaction are truly those of the parties to the contract or transaction; and responsibility of the notary for his/her testimonies; and must bear the signature of the notary and seal of the notarial practice organization.
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Article 61. Notarization of translations
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3. 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.
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- Circular 01/2021/TT-BTP of Vietnam
