Table of Contents
1. What is a notarization requestor?
2. Procedures for notarizing pre-drafted contracts and transactions.
3. Procedures for notarizing contracts and transactions drafted by a notary at the request of the notarization requestor.
1. What is a notarization requestor?
Pursuant to Clause 3, Article 2 of the 2014 Notarization Law: “3. Notarization requester means a Vietnamese or foreign individual or organization that requests notarization of a contract, transaction or translation in accordance with this Law.”
2. Procedures for notarizing pre-drafted contracts and transactions.
2.1 Notarization of contracts and transactions has been prepared
Pursuant to Clauses 1 and 2, Article 40 of the 2014 Law on Notarization, it is stipulated as follows:
“1. A notarization request dossier shall be made in one set, comprising:
a) Notarization request form, which includes information about the full name and address of the person requesting notarization, the content to be notarized, the list of attached documents; the name of the notarization practice organization, the full name of the person receiving the notarization request file, the time of receiving the file;
b/ The draft contract or transaction;
c/ A copy of the personal identity paper of the notarization requester;
d/ A copy of the ownership certificate or use right certificate or its substitute paper as permitted by law for assets subject to ownership or use right registration under law, in case the contract or transaction is related to those assets;
dd/ Copies of other papers related to the contract or transaction as required by law.
2. The copies specified in Clause 1 of this Article may be photocopied, printed or typewritten copies containing full and accurate contents as the originals and do not need to be certified.
2.2 Procedures for notarizing pre-prepared transaction contracts
Article 40 of the 2014 Notarization Law stipulates the procedures for notarizing pre-prepared transaction contracts as follows:
Step 1:
The notary examines the documents in the notarization request file. If the notarization request file is complete and in accordance with the provisions of law, it shall be accepted and recorded in the notarization book.
Step 2:
The notary instructs the person requesting notarization to comply with the provisions on notarization procedures and the provisions of law related to the implementation of contracts and transactions; explain to the person requesting notarization to clearly understand their rights, obligations and legitimate interests, the meaning and legal consequences of participating in the contract or transaction.
In case there is reason to believe that the notarization request file has unclear issues, the conclusion of the contract or transaction shows signs of being threatened or coerced, there is doubt about the civil capacity of the person requesting notarization or the subject of the contract or transaction has not been specifically described, the notary public shall request the person requesting notarization to clarify or, upon the request of the person requesting notarization, the notary public shall conduct verification or request an appraisal; in case it cannot be clarified, the notary public has the right to refuse notarization.
Step 3:
The notary public shall check the draft contract or transaction; if the draft contract or transaction contains provisions that violate the law, are contrary to social ethics, or the subject of the contract or transaction is not in accordance with the provisions of law, the notary public shall clearly point them out to the person requesting notarization for correction. In case the person requesting notarization does not make corrections, the notary has the right to refuse to notarize.
Step 4:
The person requesting notarization reads the draft contract or transaction himself or herself, or the notary reads it to the person requesting notarization at the request of the person requesting notarization.
Step 5:
The person requesting notarization agrees with all the contents of the draft contract or transaction, then signs each page of the contract or transaction. The notary requires the person requesting notarization to present the originals of the documents specified in Clause 1 of this Article for comparison before recording the testimony and signing each page of the contract or transaction.
3. Procedures for notarization of contracts and transactions drafted by notaries at the request of the person requesting notarization.
3.1 Notarization of contracts and transactions drafted by notaries at the request
Pursuant to Clause 1, Article 41 of the 2014 Notarization Law, it is stipulated that:
1. The person requesting notarization shall submit a set of documents as prescribed in Points a, c, d and dd, Clause 1 and Clause 2, Article 40 of this Law and state the content and intention of concluding the contract or transaction.
a) Notarization request form, which includes information about the full name and address of the person requesting notarization, the content to be notarized, the list of attached documents; the name of the notarization practice organization, the full name of the person receiving the notarization request, the time of receiving the documents;
c) copy of the personal identity paper of the notarization requester;
d) A copy of the ownership certificate or use right certificate or its substitute paper as permitted by law for assets subject to ownership or use right registration under law, in case the contract or transaction is related to those assets;
dd) Copies of other papers related to the contract or transaction as required by law.
3.2 Procedures for notarizing contracts and transactions drafted by a notary upon request
“2. A notary shall perform the jobs specified in Clauses 3,4 and 5, Article 40 of this Law.
When the contents of, and the intention of concluding, the contract or transaction are true, lawful and consistent with social ethics, the notary shall draft the contract or transaction.
3. The notarization requester shall himself/herself read the draft contract or transaction or the notary shall read it for him/her. If agreeing with the whole contents of the draft contract or transaction, the notarization requester shall sign every page of the draft. The notary shall request the notarization requester to produce the originals of the papers specified in Clause 1 of this Article for comparison before writing testimonies and signing every page of the contract or transaction.”