Compare Notarization with Authentication
Regulation:
- Law on Notarization No.53/2014/QH13
- Decree 23/2015/NĐ-CP dated 16/02/2015
- Circular 01/2020/TT-BTP dated 03/03/2020
| Notarization | Authentication | |
| Define | Notarization means a notary of a notarial practice organization certify
– The accuracy and legitimacy of contracts and other civil transactions by written – the accuracy, legitimacy and conformity with social ethics of the translation of a paper or document from Vietnamese to a foreign language or from a foreign language to Vietnamese.
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Authentication means competent agencies or organizations shall certify:
– Authentication copies of originals as true: certified copies of the originals as true based on the originals. – Authentication of signatures: authenticate signatures on papers, documents as signatures of the person concerned. – Authentication of contracts: means competent agencies shall authenticate time and venue where the contracts are executed; civil capacity, willingness, signatures or append fingerprints of contracting parties.
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| Authorization | – Notarial practice organizations:
+ Notary bureaus ( established under decisions of provincial-level People’s Committees, public non-business units attached to provincial-level Justice Departments); + Notary offices (established by 02 or more notary general partners according to the type of organization of the partnership). – Diplomatic missions, consulate representative agencies of Vietnam in foreign countries* |
– The Justice offices of provincial-affiliated districts and cities;
– People’s Committees of communes, wards and townships; – Diplomatic missions, consulate representative agencies and other agencies authorized to act as consuls of Vietnam in foreign countries – Notarial practice organizations. |
| Validity | – Notarized document is valid from the date a notary signs and appends the seal of his/her notarial practice organization to it.
– 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. |
– Copies issued from master registers have legal value when being used as substitutes for originals in transactions except otherwise prescribed by the law.
– Authenticated contract has legal value in serving as evidence of the time and venue where the contract is executed; civil capacity, willingness, signatures or append fingerprints of contracting parties. – Copies certified as true from originals under this Decree have legal value when being used as substitutes for originals in transactions except otherwise prescribed by the law. – Authenticated signatures under this Decree have legal value in determining the signer and his/her liabilities for the paper, the document signed. |
*Notice: Diplomatic missions, consulate representative agencies of Vietnam in foreign countries
– Can notarize: testaments, written disclaimers of the estate, letters of authorization and other contracts and transactions in accordance with the law on notarization and consular and diplomatic regulations
– Can not notarize: contracts on purchase and sale, conversion, transfer, donation, lease, mortgage or contribution of real estate as capital in Vietnam.
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