Standards for interpreter collaborators of notarial practice organizations in Vietnam

Standards for interpreter collaborators of notarial practice organizations in Vietnam (Internet image)

Regarding this issue, the Lawnet would like to answer as follows:

1. Standards for interpreter collaborators of notarial practice organizations in Vietnam

According to Clause 1, Article 22 of Circular 01/2021/TT-BTP, standards for interpreter collaborators of notarial practice organizations in Vietnam include:

+ These collaborators must be graduates of foreign language universities or other universities who are fluent in the foreign language used.

+ These collaborators shall take responsibility before notarial practice organizations for the accuracy and consistency of their translations.

+ In case the interpreter collaborator has registered a signature specimen at the notarial practice organization for which he/she works as a collaborator, he/she may sign the translation in advance; The notary must compare the actual signature of the interpreter collaborator with the signature specimen before bearing the notarial certificate and signing each page of the translation.

Thus, the translation of documents and papers from Vietnamese into a foreign language or from a foreign language into Vietnamese for notarization must be performed by a translator who is a collaborator of the notary practice organization.

2. Rights and obligations of interpreter collaborators of notarial practice organizations in Vietnam

According to Clause 3, Article 22 of Circular 01/2021/TT-BTP, rights and obligations of interpreter collaborators:

- Receive interpreter remuneration as agreed with the notarial practice organization;

- Take responsibility for the accuracy and properness of the content of the translation made by them;

- Refund the restitution that the notarial practice organization has made for damage caused by the interpreter collaborator’s fault according to Article 38 of the Notarization Law;

- Comply with the provisions of the law on translation and the working rules of the notarial practice organization;

- Other rights and obligations as agreed with the notarial practice organization or as prescribed by law.

3. Do interpreter collaborators have to repay the amount of money that the notary practice organization has compensated for damages caused by their errors?

At point d, clause 2 and point c, clause 3, Article 22 of Circular 01/2021/TT-BTP stipulates:

- Notary practice organizations have the right and obligation to compensate for damages and request interpreter collaborators to reimburse that amount.

- Interpreter collaborators are obliged to refund the amount of money that the notary practice organization has compensated for damages caused by their errors.

Article 38 of the Notarization Law 2014 clearly states compensation and indemnity in notarial activities as follows:

- Notarial practice organizations shall pay compensation for damage caused to notarization requesters and other organizations and individuals due to faults of their notaries or employees or interpreters being their collaborators in the process of notarization.

- Notaries, employees or interpreters being collaborators who cause damage shall indemnify the notarial practice organization for the compensation amount already paid by this organization to the damage sufferer in accordance with law; in case they fail to indemnify such amount, the notarial practice organization may request a court to settle.

Thus, according to the above regulations, interpreter collaborators are obliged to refund the amount of money that the notary practice organization has compensated for damages caused by their errors.

Nguyen Ngoc Que Anh

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