Contents
I. What is Notarization?
Pursuant to clause 1 Article 2 Law on Notarization 2014, Notarization is verifying in the form of a written certification by a notary of a notarial practice organization related to 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) of which is prescribed by law or voluntarily requested by an individual or organization to be notarized.
II. What is Authentication?
Pursuant to Article 2 of the Government Decree no. 23/2015/ND-CP, there are three (03) types of authentication:
(1) Authentication of copies of originals: competent agencies shall certify copies of the originals as true based on the originals.
(2) Authentication of signatures: competent agencies shall authenticate signatures on papers, documents as signatures of the person concerned
(3) Authentication of contracts and transactions: competent agencies shall authenticate time and venue where the contracts are executed; civil capacity, willingness, signatures or append fingerprints of contracting parties.
III. The differences between Notarization and Authentication
| Notarization | Authentication | |
|---|---|---|
| Legal Regulation | Law on Notarization 2014 | The Government Decree no. 23/2015/ND-CP |
| Authority | Notaries appointed by the Minister of Justice to conduct notarial practice (Clause 2 Article 2 Law on Notarization 2014) | Justice Office of provincial-affiliated districts and cities, People’s Committees of Communes, Diplomatic missions, consulate representative agencies and other agencies authorized to act as consuls in foreign countries; Notaries (Article 5 The Government Decree no. 23/2015/ND-CP |
| Nature | Verifying of the authenticity and lawfulness of a contract or other civil transaction. Therefore, a notary is responsible for the authenticity and lawfulness of those contracts and transactions. | Authenticate of signatures, documents, and events of their accuracy and reality of the documents. Authenticating persons shall not bear the responsibility for those document’s lawfulness. |
| Legal value | Higher legal value: 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. 4. Notarized translations are valid for use as their translated papers or documents. (Clause 3, 4 Article 5 Law on Notarization 2014). | Lower legal value: 1. 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; 2. Authenticated signatures under this Decree have legal value in determining signer and his/her liabilities for the paper, document signed. 3. Authenticated contract under this Decree 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. (clause 2,3,4 Article 4 Government Decree no. 23/2015/ND-CP |
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