Notarization of ready-made contracts in Vietnam

Hi DMS Attorney in Vietnam! We have agreed and prepared a contract for sale of a property located in Da Nang. Could you advise me if Notaries in Da Nang can notarize such ready-made contract ? 

Hi! 

Notaries may notarize a ready-made contract, as follows:

Notarization of ready-made contracts and transactions

A notary shall check the papers in a notarization request dossier. When the dossier is complete and valid as prescribed by law, he/she shall accept it and record it in the notarial register.

Notaries shall guide notarization requesters to comply with regulations on notarization procedures and relevant regulations on performance of contracts and transactions; explain to notarization requesters for clearly understanding their rights, obligations and lawful interests, the meaning and legal consequences of engaging into contracts or transactions.

When having grounds to believe that a notarization request dossier contains unclear matters, the contract or transaction was concluded under threat or coercion, or having doubts about the civil act capacity of the notarization requester, or the object of the contract or transaction has not yet been specifically described, a notary may request the notarization requester to clarify the matters or, at the request of the notarization requester, conduct verification or request assessment; if the matters cannot be clarified, the notary has the right to refuse to notarize.

A notary shall check the draft contract or transaction; if the draft contains some articles and clauses contrary to law or social ethics or the object of the contract or transaction is incompliant with law, he/she shall point them out for the notarization requester to modify. If the notarization requester fails to modify, the notary has the right to refuse to notarize.

The notarization requester shall himself/herself read again the draft contract or transaction or request the notary to read it.

If agreeing with the whole contents of the draft contract or transaction, the notarization requester shall sign every page of the draft. The notary shall request the notarization requester to present the originals of the papers specified in Clause 1 of this Article for comparison before writing testimonies and signing every page of the contract or transaction (Article 40 Law on Notarization No. 53/2014/QH13 dated 20 June 2014).

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Notarization of ready-made contracts in Vietnam