Are notaries allowed notarizing their contract sale of houses in Vietnam?

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Question date: 15/06/2022

Are notaries allowed notarizing their contract sale of houses in Vietnam? What are regulations on criteria for notarie? Hello Lawnet, I intend to sell the land to a notary in Dong Nai who has agreed to notarize the notarization contract between me and him in order to save money. So if this case complies with state regulations?

    • Are notaries allowed notarizing their contract sale of houses in Vietnam?
      (illustration)
    • Are notaries allowed notarizing their contract sale of houses in Vietnam?

      Pursuant to Article 7 of the Law on Notary 2014 stipulating prohibited acts:

      1. Notaries and notarial practice organizations are prohibited from committing the following acts:

      a/ Disclosing information on the contents of notarized documents, unless notarization requesters so agree in writing or otherwise provided by law; using information on notarized contents to infringe upon lawful rights and interests of individuals and organizations;

      b/ Notarizing contracts, transactions or translations the purposes and contents of which violate law or are contrary to social ethics; inciting or creating conditions for parties to contracts or transactions to conduct sham transactions or commit other deceitful acts;

      c/ Notarizing contracts, transactions or translations which are related to properties or interests of their own or of their relatives being spouses; natural parents, adoptive parents; natural parents, adoptive parents of their spouses; natural children, adopted children or children-in-law; grandparents, siblings or siblings-in-law; and natural grandchildren, adopted grandchildren;

      d/ Refusing notarization requests without plausible reasons; harassing or causing difficulties to notarization requesters;

      ....

      Accordingly, notaries are not allow notarizing contracts, transactions or translations which are related to properties or interests of their own. As a result, the notary's behavior in your case are against the law.

      What are regulations on criteria for notarie?

      Pursuant to Article 8 of the Law on Notary 2014 stipulating criteria for notaries:

      A Vietnamese citizen who permanently resides in Vietnam, observes the Constitution and law, has good ethical qualities, and fully satisfies the following criteria shall be considered for appointment as a notary:

      1. Having a bachelor of law degree.

      2. Having performed legal work at agencies or organizations for at least 5 years after obtaining the bachelor of law degree.

      3. Having graduated from a notary training course as prescribed in Article 9 of this Law or completed a notary re-training course as prescribed in Clause 2, Article 10 of this Law.

      4. Meeting requirements on notarial practice probation results.

      5. Being physically fit for notarial practice.

      As a result, if the the above requirements are met, you can become a notary.

      Best regards!

    Above is legal advice provided for customers of LawNet . If you require any further information, please send an email to nhch@lawnet.vn
    "This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts"

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