Question

We are foreigners, living in HCMC. We are going to buy an apartment in Da Nang, Vietnam. Can we notarize the real estate purchase agreement of our apartment in HCMC ? How long does it take to notarize such agreement ? What about testimonies of notary in Vietnam ?

Answer

Notarization of real estate purchase agreements in Vietnam ?

Your apartment is located in DaNang, Vietnam, therefore your real estate purchase agreement needs to be notarized at a notary public in Danang. The time to get a real estate contract notarized depends on each particular situation, normally not exceed 02 working days. 

Scope of notarization of real estate contracts or transactions:

Notaries of a notarial practice organization can only notarize contracts and transactions related to real estate within the province or centrally run city where the notarial practice organization is located, excluding testaments or written disclaimers of real estate and letters of authorization related to the exercise of real estate-related rights (Article 42 Law on notarization No. 53/2014/QH13 dated June 20, 2014).

Notarization time limit:

The notarization time limit shall be counted from the date of acceptance of a notarization request dossier to the time of issuance of notarization results. The time of verification and assessment of contents related to contracts or transactions and posting of information on the acceptance for notarization of written agreements on division of estate, written declarations for acceptance of estate or translations of papers and documents shall not be included in the notarization time limit.

The notarization time limit is two working days; for complicated contracts or transactions, this time limit may be longer but must not exceed 10 working days (Article 43 Law on notarization  No. 53/2014/QH13 dated June 20, 2014)

Testimonies of notaries in Vietnam:

Testimonies of a notary for a contract or transaction must clearly state the time and place of notarization, full name of the notary and name of the notarial practice organization; certify that the parties to the contract or transaction act on a completely voluntary basis and has civil act capacity, and that the purpose and contents of the contract or transaction are compliant with law and social ethics, signatures or fingerprints in the contract or transaction are truly those of the parties to the contract or transaction; and responsibility of the notary for his/her testimonies; and must bear the signature of the notary and seal of the notarial practice organization.

The Minister of Justice shall stipulate in detail the model testimonies of notaries for contracts or transactions (Article 46 Law on notarization No. 53/2014/QH13 dated June 20, 2014)./.

Contact us:

Call: 0914 165 703 

Email: dmslawfirm@gmail.com 

DMS Lawfirm in Vietnam
Director
(Signed)
Lawyer Do Minh Son

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Law on Notarization in Vietnam

Law on Notarization in Vietnam No. 53/2014/QH13 dated June 20, 2014, took effect on January 01, 2015 (replaced the Law on Notarization No. 82/2006/QH11 dated November 29, 2006). This Law provides for notaries, notarial practice organizations, notarial practice, notarization procedures and state management of notarization. Some prominent articles are:

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