What is "công chứng" in English? What do notarized documents take effect under the law in Vietnam

Hello, Lawnet would like to answer as follows:

1. What is "công chứng" in English?

According to the English - Vietnamese dictionary, the word "công chứng" is translated into English as: Notarization

According to the provisions of Article 1 of the Law on Notarization 2014, the definition of notarization is as follows:

- Notarization means the written certification by a notary of a notarial practice organization of the authenticity and lawfulness of a contract or another civil transaction (below referred to as contract or transaction) or of the accuracy, lawfulness and conformity with social ethics of the Vietnamese or foreign-language translation of a paper or document (below referred to as translation) which is prescribed by law or voluntarily requested by an individual or organization to be notarized.

- Notarized document means a contract, transaction or translation which has been certified by a notary in accordance with the Law on Notarization 2014.

Thus, "công chứng" in English is "notarization", understood as certifying the authenticity and legality of documents, contracts, transactions in Vietnamese or the translation from Vietnamese to English or vice versa. again. Notarization helps increase the legal value of documents and ensures the accuracy of translations.

2. What do notarized documents take effect under the law in Vietnam?

Article 5 of the Law on Notarization 2014 stipulates the legal validity of notarized documents as follows:

- A notarized document is valid from the date a notary signs and appends the seal of his/her notarial practice organization to it.

- A notarized contract or transaction is binding on related parties; in case an obliged party fails to perform its/his/her obligations, the other party may request a court to settle the case in accordance with law, unless otherwise agreed upon by related parties.

- Notarized contracts and transactions may be used as evidence; details and circumstances of notarized contracts or transactions are not required to be proven, unless such contracts or transactions are declared to be invalid by courts.

- Notarized translations are valid for use as their translated papers or documents.

In addition, principles of notarial practice include:

- Compliance with the Constitution and laws.

- Objectivity and honesty.

- Compliance with rules on notarial practice ethics.

- Taking responsibility before law and notarization requesters for notarized documents.

Thus, the notarized document takes effect from the date it is signed by the notary public and stamped by the notary practice organization. Notarized documents are enforceable for relevant parties and have evidentiary value; details and events in notarized contracts and transactions do not have to be proven unless declared invalid by the Court.

3. Regulations on notarization of translations in Vietnam in 2024

According to Article 61 of the Law on Notarization 2014 and other relevant documents:

- The translation of papers and documents from Vietnamese into a foreign language or vice versa for notarization shall be done by interpreters being collaborators of notarial practice organizations. 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.

- A notary shall receive originals of papers and documents to be translated, check them before handing to an interpreter being a collaborator of the notarial practice organization for translation. The interpreter shall sign every page of his/her translations before the notary writes the testimonies and signs every page of such translations.

Every page of translations shall be appended with the “Translation” mark in the right top blank space; translations shall be attached with copies of originals and have every two adjoining sheets appended with an overlapping seal on their inner edges.

- Testimonies of a notary on translations must clearly state the time and place of notarization, full name of the notary and name of the notarial practice organization; full name of the interpreter; certify that the signature in the translations is truly that of the interpreter; and certify that the translations are accurate and consistent with law and social ethics; such testimonies must bear the signature of the notary and seal of the notarial practice organization.

- A notary may not receive and notarize translations in the following cases:

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

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

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

- The Minister of Justice shall stipulate in detail the model testimonies of notaries for translations.

Best regards!