Procedures for resolution of petitions for declaration of notarized documents to be invalid in Vietnam

Procedures for resolution of petitions for declaration of notarized documents to be invalid in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Procedures for resolution of petitions for declaration of notarized documents to be invalid in Vietnam

Procedures for resolution of petitions for declaration of notarized documents to be invalid in Vietnam under Articles 398, Article 399 and Article 400 of the Civil Procedure Code 2015 are as follows:

* Petitions for declaration of notarized documents to be invalid

- Notaries who have carried out notarization, requesters for notarization, witnesses, persons with related rights and interests and competent state agencies may request Courts to declare notarized documents invalid when they have grounds to believe that the notarization was performed against the law on notarization.

- A petition for a Court to declare a notarized document invalid must contain the details prescribed in Clause 2, Article 362 of this Code.

- Accompanying the petition for a Court to declare a notarized document invalid must be materials and evidences to prove that such petition is well-grounded and lawful.

* Preparation for consideration of petitions for declaration of notarized documents to be invalid

- The time limit for preparing for consideration of a petition for declaration of a notarized document to be invalid shall be 01 month, counting from the day on which the Court accepts such petition. Past this time limit, the Court shall issue a decision to open a meeting to consider the petition.

- After accepting a petition for declaration of a notarized document to be invalid, the competent Court shall immediately notify such to the notary bureau, notary office or notary that has performed the notarization, notarization requester, persons with related rights and interests, competent state agencies and same-level procuracies.

- Within the time limit for preparing for consideration of a petition, if the petitioner withdraws his/her petition, the Court shall issue a decision to terminate the consideration of the petition.

- Within 15 days after issuing a decision to open a meeting, the Court shall open the meeting to consider the petition.

* Decisions to declare notarized documents invalid

- The Court may accept or not accept petitions for declaration of notarized documents to be invalid.

- In case of accepting a petition, the Court shall issue a decision to declare a notarized document invalid. In this decision the Court shall decide on legal consequences of its declaration as prescribed by law.

2. Legal value of notarized documents
The legal value of notarized documents according to Article 5 of the Law on Notarization 2014 is as follows:

- Notarized documents take effect from the date they are signed and sealed by the notary public.

- Notarized contracts and transactions are enforceable for related parties; in case the obligor fails to perform his/her obligations, the other party has the right to request the court to settle it in accordance with law, unless otherwise agreed upon by the parties to the contract or transaction.

- Notarized contracts and transactions have evidence value; the facts and facts in the contract or transaction that are notarized are not required to be proved, except in cases where the court declares them invalid.

- Notarized translations are valid as translated papers and documents.

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