Types of documents and contracts that must be notarized or authenticated in Vietnam

17:09, 09/07/2024

Which contracts are required to be notarized and authenticated in Vietnam? - Anh Khoa (Ha Tinh)

Types of documents and contracts that must be notarized or authenticated in Vietnam (Image from the Internet)

Regarding this matter, LawNet provides the following explanation:

1. Types of documents and contracts that must be notarized or authenticated in Vietnam

No.	Type of contract/document	Notarization/Authentication	Legal Basis
1	Contracts for transfer, gifting, mortgage, contributing capital with land use rights, land use rights and assets attached to the land.	Notarized or authenticated	At point a, clause 3, Article 167 of Land Law 2013
2	Contracts for lease, sublease of land use rights, land use rights and assets attached to the land, contracts for conversion of agricultural land use rights.	Notarized or authenticated	At point b, clause 3, Article 167 of Land Law 2013
3	Contracts for transfer of land use rights, land use rights and assets attached to the land, assets attached to the land when one or all parties to the transaction are real estate business organizations.	Notarized or authenticated	At point b, clause 3, Article 167 of Land Law 2013
4	Documents on inheritance of land use rights, land use rights and assets attached to the land	Notarized or authenticated	At point c, clause 3, Article 167 of Land Law 2013
5	Documents for buying, gifting, or inheriting construction works.	Notarized or authenticated	At point c, clause 1, Article 32 of Decree 43/2014/ND-CP
6	Contracts or documents on buying, gifting, or inheriting production forests as plantation forests	Notarized or authenticated	According to clause 3, Article 33 of Decree 43/2014/ND-CP
7	Contracts or documents on buying, gifting, or inheriting perennial trees	Notarized or authenticated	According to clause 6, Article 34 of Decree 43/2014/ND-CP
8	Agreement documents from land users allowing the use of land for forestry.	Notarized or authenticated	According to clause 8, Article 33 of Decree 43/2014/ND-CP
9	Written wills	Notarized or authenticated	According to Article 635 of Civil Code 2015
10	Wills of persons with physical disabilities or illiterate persons.	Notarized or authenticated	According to clause 3, Article 630 of Civil Code 2015
11	Documents confirming the selection of a guardian.	Notarized or authenticated	According to clause 2, Article 48 of Civil Code 2015
12	Contracts for sale, lease-purchase of houses, construction works, and contracts for transfer of land use rights where the parties are households or individuals	Notarized or authenticated	According to clause 2, Article 17 of Real Estate Business Law 2014
13	Contracts for sale, gifting, exchange, capital contribution, mortgage of houses, transfer of commercial housing purchase contracts.	Notarized or authenticated	According to clause 1, Article 122 of Housing Law 2014
14	Oral wills recorded by witnesses within 05 days	Signature or fingerprint verification of witnesses.	According to clause 5, Article 630 of Civil Code 2015
15	Agreements on the division of common property of husband and wife.	Notarized	According to clause 2, Article 38 of Marriage and Family Law 2014
16	Agreement documents on property when getting married.	Notarized or authenticated	According to Article 47 of Marriage and Family Law 2014
17	Agreement on surrogacy.	Notarized	According to clause 2, Article 96 of Marriage and Family Law 2014
18	Authorization documents regarding surrogacy agreements.	Notarized	According to clause 2, Article 96 of Marriage and Family Law 2014
19	Agreements on the division of common property of husband and wife.	Notarized	According to clause 2, Article 38 of Marriage and Family Law 2014
20	Copies of the contract for leasing a business.	Notarized	According to Article 191 of Enterprise Law 2020

2. Legal validity of notarized documents in Vietnam

According to Article 5 of Notarization Law 2014, the Legal validity of notarized documents is stipulated as follows:

- A notarized document is effective from the date it is signed by the notary public and has the seal of the notarial practice organization.

- A notarized contract or transaction is effective for the involved parties; in the case that the obligated party does not fulfill their obligations, the other party has the right to request the Court to resolve it according to the law, unless otherwise agreed by the parties to the contract or transaction.

- A notarized contract or transaction serves as evidence; the facts and events in the notarized contract or transaction do not need to be proved, except when declared invalid by the Court.

- A notarized translation is valid for use as the translated document or paper.

Vo Van Hieu

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE

0 lượt xem

- This translation is generated by OpenAI's GPT-4o model;
- The legal regulations in this article are according to Vietnamese Law;
- This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts;
- Articles may be compiled from a variety of sources;
- Applicable Terms may have expired at the time you are reading;
- If you have any questions about the copyright of the article, please contact us via email banquyen@lawnet.vn

Key word:
contracts
Vietnam

Address:	19 Nguyen Gia Thieu, Vo Thi Sau Ward, District 3, Ho Chi Minh City
Phone:	(028) 7302 2286
E-mail:	info@lawnet.vn