Legal regulations related to notarization of translations

Legal regulations related to notarization of translations

 

1. Legal Basis

– Law on Notarization No. 53/2014/QH13 dated June 20, 2024.

– Circular No. 01/2021/TT-BTP of the Ministry of Justice dated February 3, 2021 detailing a number of articles and measures to implement the Law on Notarization.

2. What is notarized translation?

Notarization of translation (Notarized translation) is the process of certifying the translator’s signature by the District Justice Department (judicial notarization) or notarizing the translation by the Notary Office (private notary).

3. Conditions for people notarizing translations

According to Clause 1, Article 61 of the Law on Notarization 2014 (Guided by Article 22 of Circular 01/2021/TT-BTP), regulations on notarization of translations are as follows:

Article 61. Notarization of translations

1. The translation of papers and documents from Vietnamese into a foreign language or vice versa for notarization shall be done by interpreters being collaborators of notarial practice organizations. These collaborators must be graduates of foreign language universities or other universities who are fluent in the foreign language used. These collaborators shall take responsibility before notarial practice organizations for the accuracy and consistency of their translations.

Thus, the translator must be a collaborator of a notary practice organization, must be a person who graduated from a foreign language university or another university and is fluent in that foreign language. In addition, the translator must be responsible to the notary practice organization for the accuracy and appropriateness of the content of the translation he or she performs.

4. Requirements for notarization of translations

According to the provisions of Clause 1, Article 61 of the Law on Notarization 2014, individuals can do their own translation to serve their personal needs. However, it is not possible to self-notarize translated documents at private and judicial notary units.

Translations are only accepted for notarization if they are translated by translation companies or translation collaborators affiliated with notary units. Translation companies often register the signatures of translators working in the company with notary agencies.

Thus, if you translate documents yourself, you cannot notarize them yourself at notary units such as private notary offices or notary offices under the Department of Justice of districts.

According to the provisions of Clause 3, Article 61 of the Law on Notarization 2014, the requirements for notaries are as follows: Testimonies of a notary on translations must clearly state the time and place of notarization, full name of the notary and name of the notarial practice organization; full name of the interpreter; certify that the signature in the translations is truly that of the interpreter; and certify that the translations are accurate and consistent with law and social ethics; such testimonies must bear the signature of the notary and seal of the notarial practice organization.

5. Notarization process of translation

According to Clause 2, Article 61 of the Law on Notarization 2014, the process for notarizing translations is prescribed as follows:

A notary shall receive originals of papers and documents to be translated, check them.

• Handing to an interpreter being a collaborator of the notarial practice organization for translation.
• The interpreter shall sign every page of his/her translation before the notary writes the testimonies and signs every page of such translations.
• Every page of translations shall be appended with the “Translation” mark in the right top blank space.
• Translations shall be attached with copies of originals and have every two adjoining sheets appended with an overlapping seal on their inner edges.

In fact, notarized translation will include two stages: translation and notarization. Accordingly, there are 3 units licensed to do notarized translation: translation companies, private notary offices and notary offices under district justice departments. All three of these units have different organizations but are all licensed to translate and notarize translations in accordance with the provisions of the Law on Notarization 2014. The difference between these three units is mainly in the way of operation, organizations and people.

• Translation company specializing in translation: Can provide both judicial notary and private notary services to authenticate translations.
• Private notary office specializing in private notarization: Translation function depends on affiliated collaborators, does not have judicial notarization function.
• Notary office (under the district justice department): Is a state agency with the function of judicial notarization. Translation functions are also provided by affiliated contributors.

6. Cases in which the Notary is not allowed to receive and notarize the translation

A notary may not receive and notarize translations in the following cases:

• He/she knows or must know that the originals are granted ultra vires or are invalid or counterfeit;
• Papers and documents requested to be translated have been erased, corrected, added, subtracted, or damaged or worn out so that the content cannot be clearly determined;

Papers or documents requested for translation are classified as state secrets; papers or documents are banned from dissemination under law.