Can Red Books Be Notarized? Its Legality

Red book is the common name for Certificate of Land Use Rights, Housing and Other Land-attached Assets. Can the red book undergo notarization? What is the legal significance of the red book once it has been notarized? NT International Law Firm will provide you with a comprehensive explanation regarding this matter.

Can red books be notarized?

Red book notarization is legal and recognized by the following provisions:

1. Article 5 of the Notary Law:

This article states that a notary public can certify copies of documents, including land use rights certificates (Red Books).

2. Article 3 of Decree 23/2015/ND-CP:

This decree regulates the legal value of notarized documents, including red book copies. It establishes that:

• Effective date: A notarized red book becomes effective upon signing by the notary and stamping by the notary practice organization.
• Enforceability: The notarized red book is legally binding for all relevant parties.
• Dispute resolution: If a party fails to fulfill their obligations, the other party can request court intervention based on the notarized document, unless otherwise agreed upon.
• Use instead of the original: A notarized red book can replace the original in transactions, except where the law specifies otherwise.
• Authenticated copies: A notarized copy authenticated from the original can also be used in transactions instead of the original, with limited exceptions.
• Signature authentication: A signature authenticated by a notary confirms the signer’s responsibility for the content of the document.

Overall, the legal basis establishes the validity and legal weight of notarized red books, allowing them to be used in place of the original in various situations.

Can red books be notarized?

Where can you have red books notarized?

Legal Basis:

• Decree 23/2015/ND-CP specifies the competent agencies authorized to notarize red books, issue copies from master books, authenticate copies from originals, and authenticate signatures and legal documents relevant to land use rights and transactions.

Competent Agencies:

1. Judicial Department:

   • Head or deputy head can authenticate contents, sign for authentication, and affix the department’s seal.
   • Authority and responsibilities:
     • Authenticate copies from originals of documents issued by Vietnamese or foreign agencies.
     • Authenticate signatures.
     • Authenticate translator signatures in Vietnamese-to-foreign language or vice versa documents.
     • Authenticate contracts and transactions related to movable assets.
     • Authenticate estate division agreements or inheritance declarations involving movable assets.

2. People’s Committee:

   • Chairman or vice chairman can authenticate and stamp the commune-level People’s Committee seal.
   • Authority and responsibilities:
     • Notarize copies from originals of documents issued by competent Vietnamese agencies.
     • Notarize signatures (except for translator signatures).
     • Notarize contracts and transactions related to movable assets, land use rights, housing, wills, inheritance refusals, and asset division agreements.
       
       

       Notarize Red Books at People’s Committee

3. Diplomatic and Consular Representative Agencies:

   • Diplomatic or consular officers authenticate and stamp the agency’s seal.
   • Authority and responsibilities:
     • Notarize copies from originals of documents issued by competent agencies in Vietnam, foreign countries, or Vietnamese agencies working with foreign agencies.
     • Notarize signatures.
     • Notarize translator signatures in Vietnamese-to-foreign language or vice versa documents.

4. Notary:

   • Notary who signs and affixes the seal of the notary office has the authority to authenticate.
   • Authority and responsibilities:
     • Similar to judicial department but excludes translator signature authentication.

Choosing the Right Agency:

• Consider the location of the red book’s issuance and the nature of the transaction.
• Consult legal professionals for specific advice regarding your situation and the most suitable agency for your needs.

Note:

• This information provides a general overview. Specific procedures and requirements may vary depending on the chosen agency and local regulations.

Notarize Red Books at the Notary Offices

What documents are needed to notarize Red Books?

Legal Basis:

Decree 23/2015/ND-CP, issued by the Vietnamese government, outlines the required documents for notarization of various documents, including red books (Land Use Rights Certificates).

Mandatory Documents:

1. Notarization Request Form: This form must be completed and signed by the applicant, clearly stating the purpose of notarization and the specific documents requiring authentication.
2. Original Red Book: The original red book must be presented for verification and comparison with the copy to be notarized.
3. Copies of Submitted Documents: Any additional documents submitted by the applicant for verification or reference must be provided in copies.
4. Verification and Supervision Documents: These documents may include land use maps, cadastral maps, or other relevant records used by the notary to verify the authenticity and information within the red book.

Additional Documents (Depending on Circumstances):

• Identity documents of the applicant (e.g., ID card, passport)
• Proof of land ownership (e.g., inheritance documents, purchase contracts)
• Power of attorney, if applicable
• Translator’s credentials, if notarizing a translated document

Important Note:

• The specific requirements for document submission may vary depending on the chosen agency (e.g., judicial department, notary office) and local regulations.
• Consult the chosen agency beforehand for any additional documentation or specific procedures they require.

Additional Information:

• Fees may apply for red book notarization.
• Processing time may vary depending on the agency and workload.

What documents are needed to notarize Red Books?

When can red books not be notarized?

Legal Basis:

• Article 11 of Decree 23/2015/ND-CP provides guidelines for refusing to authenticate documents, including red books (Land Use Rights Certificates).

Circumstances Preventing Red Book Notarization:

1. Altered Content: The red book’s content has been edited, erased, added to, or removed in a manner deemed invalid. This includes any changes that compromise the document’s integrity and accuracy.
2. Damaged Condition: The red book is physically damaged or worn to the point where its content cannot be accurately determined. This includes significant tears, fading, or other forms of deterioration that hinder verification.
3. Confidential Information: The red book bears a confidential seal from a competent agency or organization. Alternatively, even without a seal, it may be explicitly declared “not to be copied” due to sensitive information it contains.
4. Missing Consular Legalization: The red book was issued, notarized, or certified by a competent foreign agency or organization but lacks consular legalization. This means it has not been officially authenticated by the appropriate Vietnamese embassy or consulate abroad.
5. Uncertified Documents: The document is created by individuals but not certified and stamped by a competent Vietnamese agency or organization. This includes personal statements, agreements, or other documents lacking official verification.

Additional Considerations:

• The notary may refuse authentication if they have doubts about the document’s authenticity or legality.
• Applicants may be required to provide additional information or clarification to address any concerns raised by the notary.
• Seeking legal advice is recommended for situations involving complex circumstances or questions regarding document notarization.

Remember:

• Notarizing a red book requires careful attention to ensure the document’s authenticity and legal validity.
• Understanding the specific limitations for refusing authentication helps applicants prepare properly and avoid delays in the process.

What if a notary notarized a fake Certificate?

Legal Basis:

• Clause 1, Article 38 of the 2014 Notary Law: Notary organizations are liable for damages caused to parties involved due to errors or negligence by notaries, employees, or interpreters during the notarization process.
• Clause 2, Article 38 of the 2014 Notary Law: Notaries and collaborators who cause damage must reimburse the notary organization for any compensation paid to the affected party.

Consequences:

• Civil Liability: If a notary unintentionally fails to identify a fake red book and notarizes it, the notary organization is responsible for compensating any damages suffered by the involved parties. The notary must demonstrate the unintentional nature of the error.
• Criminal Liability: If a notary intentionally notarizes a fake red book, acting fraudulently or colluding with someone knowing the document’s falseness, they will face criminal prosecution.

Responsibilities:

• Notary Organization:
  • Compensate the affected parties for any damages caused by unintentional errors.
  • Recover the compensation amount from the notary responsible for the error.
  • Seek legal action against the notary if they refuse to reimburse the compensation.
• Notary:
  • Remain diligent and perform due diligence when verifying documents before notarization.
  • Be held accountable for any damages caused by negligence or intentional wrongdoing.

Additional Points:

• The notary’s liability extends to other documents involved in the notarization process, including purchase contracts or other legal documents related to the red book.
• The nature and extent of damages will depend on the specific circumstances of each case.
• Consulting with a legal professional is recommended for individuals seeking compensation or facing accusations of notary misconduct.

Remember:

• Notaries play a crucial role in ensuring the integrity and validity of documents.
• Holding them accountable for their actions helps protect individuals and uphold the legal system’s integrity.

What if a notary notarized a fake Certificate?

What are the responsibilities of notaries who notarize fake red books?

Legal Basis:

• Article 360 of the 2015 Penal Code (amended by Clause 128, Article 1 of the Law amending the Penal Code in 2017) defines criminal penalties for individuals holding positions of power who fail to perform their duties properly, including notaries.
• Clause 1, Article 38 of the 2014 Notary Law holds notary organizations liable for any damages caused by errors or negligence during the notarization process, including those related to fake red books.

Penalties:

• Property Damage:
  • Causing property damage between 100,000,000 VND and 500,000,000 VND: Imprisonment for 6 months to 5 years or non-custodial reform for up to 3 years.
  • Causing property damage between 500,000,000 VND and 1,500,000,000 VND: Imprisonment for 3 to 7 years.
  • Causing property damage of 1,500,000,000 VND or more: Imprisonment for 7 to 12 years.
• Additional Penalty: In addition to imprisonment, the offender may be banned from holding certain positions, practicing professions, or doing certain jobs for 1 to 5 years.
• Civil Liability: The notary organization where the notarization was performed must compensate for any damages caused by the notary’s negligence or intentional wrongdoing.

Responsibilities:

• Notary:
  • Perform due diligence and carefully verify documents before notarization to avoid mistakes and fraud.
  • Be aware of the legal consequences of not fulfilling their duties diligently.
  • Cooperate with authorities in any investigations related to their actions.
• Notary Practice Organization:
  • Implement measures to ensure the competence and integrity of their notaries.
  • Provide adequate training and resources to help notaries avoid errors and identify fraudulent documents.
  • Compensate affected parties for any damages caused by the organization’s notaries.

Important Points:

• The severity of the penalty increases with the amount of property damage caused.
• Notaries face both criminal and civil consequences for notarizing fake red books.
• Notary organizations have a responsibility to supervise their notaries and protect the public from harm.

Remember:

• Notaries play a vital role in protecting legal transactions and ensuring the integrity of land ownership records.
• Holding them accountable for their actions is crucial to maintaining public trust in the legal system.

What are the responsibilities of notaries who notarize fake red books?

How to distinguish between real and fake red books

Legal Basis:

• Circular 23/2014/TT-BTNMT of May 19, 2014, prescribes the form and content of certificates of land use rights, ownership of houses, and other assets attached to land (Red Books).

Methods:

1. Self-check Information and Parameters:

• Compare the Red Book’s form and content with Circular 23/2014/TT-BTNMT provisions.
• Verify the barcode on page 4:
  • The barcode represents a sequence of positive integers structured as MV = MX.MN.ST, where:
    • MX: Administrative unit code where the land is located.
    • MN: Last two digits of the year of issuance.
    • ST: Archival serial number of land records.
• Note: This method is not foolproof and may not detect sophisticated forgeries.

Distinguish between real and fake red books by checking information

2. Check with the Red Book Issuing Agency:

• Localities with Land Registration Offices:
  • The Department of Natural Resources and Environment issues Red Books.
• Localities without Land Registration Offices:
  • The Department of Natural Resources and Environment issues Red Books for organizations, religious establishments, Vietnamese residing abroad with current investment projects, foreign organizations and individuals, and foreign-invested enterprises.
  • The District People’s Committee issues Red Books for individuals, households, communities, and Vietnamese residing abroad who own houses associated with residential land use rights in Vietnam.

Benefits of Checking with Agencies:

• Access to official records and verification tools.
• Professional assistance from trained personnel.
• Greater accuracy and detection of potential forgeries.

Additional Notes:

• Engaging a legal professional or notary experienced in verifying Red Books is recommended for complex cases or high-value transactions.
• Be cautious when dealing with Red Books obtained through informal channels or from unknown sources.
• Reporting suspected fraudulent Red Books to the authorities helps protect land ownership rights and prevent future scams.

Remember:

• Red Books serve as vital legal documents representing land ownership rights.
• Ensuring their authenticity is crucial for safe land transactions and protecting individuals from fraud.
• Combining self-verification with professional assistance from issuing agencies offers the best approach for identifying real vs. fake Red Books.

Distinguish between real and fake red books

The procedures of requesting the authentication of red books

Legal Basis:

• Circular No. 34/2014/TT-BTNMT dated June 30, 2014, specifically regulates the construction, management, and exploitation of the land information system, including procedures for requesting land data verification (red book authentication).

Steps:

1. Submit Request Form:

• Individuals seeking to verify their red books must submit a request form according to Form No. 01/PYC attached to the mentioned circular.
• Submission options:
  • Direct submission at the Land Registration Office Branch.
  • Online submission via email or land information portal.
  • Postal mail.

2. Request Processing:

• The Land Registry Office will receive and process the request.
• Applicants will be notified of any financial obligations related to the verification process.
• In case of refusal to provide data, the agency will clearly state the reason in writing and inform the applicant.
• Upon fulfilling any financial obligations, the land data provider will proceed with the verification.

3. Result Delivery:

• The deadline for delivering results is:
  • Same day for requests received before 3:00 p.m. on a working day.
  • Next working day for requests received after 3:00 p.m.

Benefits of Red Book Verification:

• Helps identify and avoid fraudulent red books.
• Provides official confirmation of land ownership information.
• Protects individuals from land-related scams and disputes.

Recommendations:

• Verify red books before signing any land purchase contracts or handing over money.
• Utilize both self-verification and official verification through the Land Registry Office for best results.
• Consider consulting legal professionals for complex cases or high-value transactions.

Remember:

• Red book authentication plays a crucial role in safeguarding land ownership rights and preventing fraud.
• Understanding the legal basis and procedures for requesting verification empowers individuals to protect their interests.
• Combining self-awareness with official procedures ensures responsible and informed land transactions.

NT International Law Firm has addressed the question of whether red books can be notarized and its legality. If you have any further questions or concerns regarding land or real estate, please contact our law firm immediately for expert legal advice.

If you require any legal assistance, please feel free to reach out to us via phone at 090 252 4567 or through email: info@ntpartnerlawfirm.com. At NT INTERNATIONAL LAW FIRM, our team is committed to offering you prompt and personalized advice.

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