Notarization and Legal Value of Notarized Documents Explained

Notarization, the act of confirming a document’s authenticity by a notary, plays a crucial role in ensuring legal validity and reducing risks in transactions. Here’s a breakdown of its legal basis, requirements, and validity period, provided by NT International Law Firm.

What is Notarization?

What is Notarization?

Notarization encompasses the certification of two primary spheres:

• Contracts and civil transactions: This involves verifying their genuineness, legality, and adherence to ethical principles. Through meticulous examination, the notary ensures the document upholds legal requirements and safeguards the interests of involved parties.
• Translations: When documents require translation between Vietnamese and foreign languages, notarization ensures the accuracy, legality, and ethical soundness of the translated version. This guarantees clear communication and minimizes potential misunderstandings arising from inaccurate translations.

Who Performs Notarization?

The responsibility of notarization rests solely with notaries. These individuals are legal professionals who meet specific qualifications and are appointed by the Minister of Justice. To become a notary, one must:

• Possess a bachelor’s degree in law.
• Accumulate at least five years of legal experience following their degree.
• Successfully complete the prescribed notary profession training program.
• Pass the rigorous notary practice internship.
• Maintain sound health for the demanding profession.

Why is Notarization Required?

Vietnam’s Notary Law mandates notarization for certain transactions to minimize legal risks and disputes. By verifying the authenticity and legality of documents, notarization offers several benefits:

• Enhanced legal validity: Notarized documents carry greater legal weight, making them more difficult to challenge in court.
• Reduced risk of disputes: The process of notarization helps to identify and address potential issues early on, preventing them from escalating into legal battles.
• Increased confidence for parties involved: With the assurance of a notary’s stamp, all parties involved in a transaction can feel more confident and secure about the document’s legitimacy.

Where to Get Documents Notarized?

Two types of notary practice organizations are authorized to perform notarization:

• Notary Office: Established by the Provincial People’s Committee and operating directly under the Department of Justice. These offices offer a reliable and well-established environment for notarization.
• Notary Public Office: Established and operated independently by notary partners. These offices offer a more personalized service and may be more convenient for specific needs.

Validity Period of Notarized Documents:

The validity period of notarized documents depends on their type:

• Certified copies: These copies, generally considered valid indefinitely, can serve as substitutes for the originals unless the originals are revoked or destroyed.
• Limited copies: These copies, issued for documents with a fixed validity period (e.g., certificate of marriage status valid for 6 months), are only valid for the duration of the original document’s validity.

Legal Value of Notarized Documents:

Notarization bestows upon documents several key legal attributes:

• Effective from the date of notary’s signature and stamp: The document’s legal effect takes precedence from the moment the notary officially verifies its authenticity.
• Enforceable for relevant parties: Once notarized, the document becomes binding on all parties involved, ensuring their legal obligations are upheld.
• Evidentiary value, not proof: While notarized documents offer compelling evidence in legal proceedings, the ultimate responsibility for proof remains with the parties involved.
• Equivalent legal validity for translations: Notarized translations possess the same legal weight as the original documents, ensuring their accuracy and reliability in legal matters.

Additional Points:

• Voluntary notarization: Even for transactions not requiring mandatory notarization, individuals and organizations can choose to have documents notarized for added security and confidence.
• Comparison with originals: Processing officers have the right to request the original document for comparison with the notarized copy, but they cannot demand a new copy be obtained.
• Preferred validity timeframe: Although legally indefinite, receiving agencies often prefer documents notarized within the past 3-6 months to ensure their updated status.
• Contract validity: The validity period of contracts is independent of notarization and determined by the specific terms and conditions outlined within the contract itself.

Conclusion:

Notarization serves as a vital pillar in the legal and commercial landscape. By understanding its intricacies and recognizing its legal significance, individuals and organizations can navigate transactions with greater confidence and minimize potential risks. From ensuring document authenticity to safeguarding legal rights, notarization plays a crucial role in fostering a secure and reliable environment for all stakeholders involved.

NT International Law Firm is Here to Help:

NT International Law Firm has addressed the question of what notarization is and how to get your papers notarized. If you have any further questions or concerns regarding civil law, 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.

You also might be interested in:

• The 2015 Civil Code in English