Some civil contracts and transactions are required to have physical documents with notarization or authentication. So what is notarization? What is the legal validity of notarized documents in Vietnam?
What is notarization? What is the legal validity of notarized documents in Vietnam? (Source: Internet)
1. What is notarization?
- Notarization means the written certification 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);
+ 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.
- Notarized document means a contract, transaction or translation which has been certified by a notary in accordance with the Law on Notary.
2. Legal validity of notarized documents in Vietnam
Legal validity of notarized documents in Vietnam:
- A notarized document is valid from the date a notary signs and appends the seal of his/her notarial practice organization to it.
- A notarized contract or transaction is binding on related parties; in case an obliged party fails to perform its/his/her obligations, the other party may request a court to settle the case in accordance with law, unless otherwise agreed upon by related parties.
- Notarized contracts and transactions may be used as evidence; details and circumstances of notarized contracts or transactions are not required to be proven, unless such contracts or transactions are declared to be invalid by courts.
- Notarized translations are valid for use as their translated papers or documents.
(Articles 2 and 5 of the Law on Notary 2014)
Diem My
- Key word:
- notarization in Vietnam