Regulations on signatures, fingerprints in notarized documents in Vietnam

Regulations on signatures, fingerprints in notarized documents in Vietnam (Image from the Internet)

1. Regulations on signatures, fingerprints in notarized documents in Vietnam

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

- The notarization requester, witness, and translator must sign the contract or transaction in the presence of the notary public.

In the case of an authorized person of a credit institution or other enterprise who has registered a sample signature with the notarization practice organization, that person may sign the contract in advance; the notary must compare their signature in the contract with the sample signature prior to notarizing.

- Fingerprinting may substitute signing when the notarization requester, witness, or translator is unable to sign due to disability or illiteracy. When fingerprinting, the notarization requester, witness, or translator must use their right index finger; if unable to use the right index finger, they shall use the left index finger; if neither index finger can be used, another finger shall be used, and it must be specified which finger and hand are used for fingerprinting.

- Fingerprinting can also be performed in conjunction with signing in the following cases:

+ Notarizing wills;

+ Upon the request of the notarization requester;

+ When the notary deems it necessary to protect the interests of the notarization requester.

2. Regulations on correction of technical errors in notarized documents in Vietnam

Regulations on correction of technical errors in notarized documents in Vietnam according to Article 50 of the Law on Notarization 2014 are as follows:

- A technical error is a mistake made during the recording, typing, or printing process in a notarized document that does not affect the rights and obligations of the parties to the contract or transaction.

- Corrections of technical errors in notarized documents must be carried out by the notarization practice organization that performed the notarization. In cases where the notarization practice organization has ceased operation, been converted, transferred or dissolved, the notarization practice organization storing the notarization dossier shall be responsible for correcting the technical errors.

- The notary performing the correction of technical errors is responsible for verifying each error against the documents in the notarization dossier, underlining the error to be corrected, then recording the corrected letter, symbol, or number in the margin alongside their signature and the stamp of the notarization practice organization. The notary must notify the parties to the contract or transaction about the technical corrections.

3. Rights and obligations of notaries in Vietnam

The rights and obligations of notaries in Vietnam according to Article 17 of the Law on Notarization 2014 are as follows:

- Notaries have the following rights:

+ Their legal right to practice notarization is guaranteed by law;

+ They may participate in the establishment of notarization offices or be employed under contracts by notarization practice organizations;

+ They may notarize contracts, transactions, and translations in accordance with the Law on Notarization 2014;

+ They may request individuals, agencies, and organizations to provide information and documents necessary for notarization;

+ They may refuse to notarize contracts, transactions, or translations that violate the law or public morals;

+ Other rights as provided by the Law on Notarization 2014 and other relevant legal documents.

- Notaries have the following obligations:

+ Comply with the principles of notarization practice;

+ Practice at a notarization practice organization;

+ Respect and protect the legitimate rights and interests of the notarization requester;

+ Explain the rights, obligations, and legitimate interests of the notarization requester, and the meaning and legal consequences of notarization; if refusing notarization, clearly explain the reasons to the requester;

+ Maintain confidentiality of the notarized content, except when the notarization requester consents in writing or otherwise stipulated by law;

+ Participate in annual professional training for notaries;

+ Be accountable under the law to the notarization requester for their notarized documents, and liable under the law for activities of the notarization office in which they are a partner notary;

+ Join a professional socio-occupational organization for notaries;

+ Be subject to the management of competent state agencies, the notarization practice organization they serve, and the professional socio-occupational organization of notaries if they are members;

+ Other obligations as provided by the Law on Notarization 2014 and other relevant legal documents.

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