IN WHICH CASES IS NOTARIZATION REFUSED ACCORDING TO LEGAL PROVISIONS

Table of Contents

1. What is notarization?

2. Does a notary have the right to refuse notarization?

3. In which cases does a notary have the right to refuse notarization?

1. What is notarization?

Notarization is the act of a notary of a notary organization certifying in writing the authenticity and legality of a contract or other civil transaction, the accuracy, legality, and non-contravention of social ethics of the translation of documents and texts from Vietnamese into a foreign language or from a foreign language into Vietnamese that must be notarized according to the provisions of law or that individuals or organizations voluntarily request notarization.

2. Does a notary have the right to refuse notarization?

Pursuant to Point d, Clause 1, Article 17 of the 2014 Notary Law, a notary has the right to refuse to notarize in cases where a contract, transaction, or translation violates the law or social ethics.

“Article 17. Rights and obligations of notaries

1. Notaries have the following rights:

……

dd) To refuse to notarize contracts, transactions and translations which violate law or are contrary to social ethics;”

3. In which cases does a notary have the right to refuse to notarize

3.1 In case of notarization of a pre-drafted contract or transaction

Pursuant to Clauses 5 and 6, Article 40 of the 2014 Notary Law, which stipulates the notarization of a pre-drafted contract or transaction, there are two cases where a notary has the right to refuse to notarize as follows:

“5. When having grounds to believe that a notarization request dossier contains unclear matters, the contract or transaction was concluded under threat or coercion, or having doubts about the civil act capacity of the notarization requester, or the object of the contract or transaction has not yet been specifically described, a notary may request the notarization requester to clarify the matters or, at the request of the notarization requester, conduct verification or request assessment; if the matters cannot be clarified, the notary has the right to refuse to notarize.

6. A notary shall check the draft contract or transaction; if the draft contains some articles and clauses contrary to law or social ethics or the object of the contract or transaction is incompliant with law, he/she shall point them out for the notarization requester to modify. If the notarization requester fails to modify, the notary has the right to refuse to notarize.”

3.2 Cases of notarization of wills

Pursuant to Clause 2, Article 56 of the 2014 Notary Law, the cases where a notary refuses to notarize a will are as follows:

“2. In case the notary doubts that a testator suffers a mental disease or another disease making him/her unable to perceive and control his/her acts or has grounds to believe that the testament has been made deceitfully or under threat or coercion, the notary shall request the testator to clarify the matter or may refuse to notarize that testament if the testator cannot clarify the matter.

In case the life of a testator is under threat, the notarization requester is not required to produce all the papers specified in Clause 1, Article 40 of this Law but shall clearly state such in the notarized document.”

3.3 Cases where the notarization of an agreement on division of inheritance is as follows:

Pursuant to Clause 3, Article 57 of the 2014 Notary Law, the notary law stipulates as follows:

“3. A notary shall verify whether an estate leaver is the person having land use rights or asset ownership and the notarization requesters are estate heirs; if suspecting or having grounds to believe that the leaving and inheritance of the estate are unlawful, the notary may reject the notarization request or conduct verification or solicit assessment at the request of the notarization requester.

Notarial practice organizations shall post up information on the acceptance for notarization of written agreements on division of estate before conducting the notarization.”

3.4 Cases of notarization of translations

Pursuant to Clause 4, Article 61 of the 2014 Law on Notarization, notaries shall not receive and notarize translations in the following cases:

“4. A notary may not receive and notarize translations in the following cases:

a/ He/she knows or must know that the originals are granted ultra vires or are invalid or counterfeit;

b/ Papers or documents requested for translation have been erased or modified, have additions or omissions, or are damaged or rumpled, making their contents unreadable;

c/ Papers or documents requested for translation are classified as state secrets; papers or documents are banned from dissemination under law.”