Conditions for notarization requesters, witnesses and interpreters in Vietnam

Conditions for notarization requesters, witnesses and interpreters in Vietnam (Internet image)

Regarding this issue, LawNet responded as follows:

1. Notarization requesters, witnesses and interpreters in Vietnam

Conditions for notarization requesters, witnesses and interpreters in Vietnam according to Article 47 of the Law on Notarization 2014 are as follows:

- Notarization requesters being individuals must have civil act capacity.

For notarization requesters being organizations, notarization requests shall be made through at-law representatives or authorized representatives of these organizations.

Notarization requesters shall produce all necessary papers related to the notarization and take responsibility for the accuracy and lawfulness of such papers.

- In case notarization requesters cannot read, hear, sign or press fingerprints, or in other cases prescribed by law, witnesses are required during notarization.

Witnesses must be full 18 years or older, have full civil act capacity and have no rights, interests or obligations related to the notarization.

Witnesses shall be invited by notarization requesters or, if notarization requesters cannot invite witnesses, be designated by notaries.

-. Notarization requesters who are not fluent in Vietnamese must have interpreters.

Interpreters must be full 18 years or older, have full civil act capacity, and are fluent in Vietnamese and the language used by notarization requesters.

Interpreters shall be invited by notarization requesters and take responsibility before law for their interpretation.

2. Signatures, fingerprints in notarized documents in Vietnam

Signatures, fingerprints in notarized documents according to Article 48 of the Law on Notarization 2014 as follows:

- Notarization requesters, witnesses and interpreters shall sign contracts or transactions in the presence of notaries.

When a person competent to conclude contracts of a credit institution or another enterprise has registered his/her specimen signature at the notarial practice organization, he/she may sign the contract beforehand; a notary shall compare the signature in the contract with the specimen signature before notarization.

-. Fingerprints may be used instead of signatures in case notarization requesters, witnesses or interpreters are unable to sign because they are physically disabled or do not know how to sign.

For his/her fingerprint, the notarization requester, witness or interpreter shall use his/her right forefinger; if he/she cannot use the right forefinger, he/she may use the left forefinger; if he/she cannot use both forefingers, he/she may use another finger; in this case which finger of which hand is used must be clearly stated.

- Both fingerprint and signature may be used in the following cases:

+ Notarization of testaments;

+ At the request of the notarization requester;

+ The notary finds it necessary to protect the interests of the notarization requester.

3. Notarization of the modification, supplementation or cancellation of contracts or transactions in Vietnam

Regulations on notarization of the modification, supplementation or cancellation of contracts or transactions under Article 51 of the Law on Notarization 2014 are as follows:

- The modification, supplementation or cancellation of a notarized contract or transaction may be notarized only with the written agreements or commitments of all parties to that contract or transaction.

- The modification, supplementation or cancellation of a notarized contract or transaction shall be notarized at the notarial practice organization that has conducted the notarization and shall be made by a notary.

If the notarial practice organization that has conducted the notarization has terminated its operation or been transformed, transferred or dissolved, a notary of the notarial practice organization that is keeping the notarial records shall modify, supplement or cancel the contract or transaction.

- Procedures for notarization of the modification, supplementation or cancellation of a notarized contract or transaction are the same as procedures for notarization of contracts and transactions prescribed in Chapter V of the Law on Notarization 2014

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE