Pursuant to the provisions on the order of notarization procedures mentioned in Articles 40 and 41 of the Law on Notary 2014.
1. Order and procedures for implementation.
Pursuant to the provisions on the order of notarization procedures mentioned in Articles 40 and 41 of the Law on Notary 2014:
- The notarization requester shall submit a set of notarization-requesting dossiers at the notarization-practicing organization according to regulations;
- The notary public examines the papers in the notarization request dossier. In case the dossier requires notarization sufficiently and in accordance with provisions of applicable laws, it shall be accepted and recorded in the notarization book.
- The notary shall guide the notarization requester in strictly observing the provisions on notarization procedures and law provisions related to the performance of contracts and transactions; explain to the notarization requesters clearly understand their legal rights, obligations and interests, the meanings and legal consequences of participating in contracts and transactions.
- In cases where there are grounds to believe that there are unclear matters in the notarization-requesting dossiers, the conclusion of contracts and transactions shows signs of threats, coercion, or suspicion of the people's act capacity. The notarization requester or the object of the contract or transaction has not been specifically described, the notary shall request the notarization requester to clarify or at the request of the notarization or notarization requester. conduct verification or require inspection; In case of failure to clarify, they have the right to refuse notarization.
- If the content and intention of entering into a contract is authentic, does not violate the law, is not contrary to social morality, the notary drafting the contract;
- In case the contract is pre-drafted, the Notary public examines the draft contract and transaction; If the draft of the contract contains a provision that violates the law, is contrary to social ethics, the subject of the contract, the transaction is not in compliance with the provisions of law, the notary must clearly indicate to the lover. Notarized bridge for repair. In cases where the notarization requesters do not repair, the notaries have the right to refuse notarization.
- The notarization requester reads the draft contract or the notary reads it to the notary public. In case the notarial requester agrees to the entire contents of the draft contract or transaction, then sign each page of the contract or transaction. The notary public requires the notarial requester to present the original of the papers for comparison before recording the testimony, signing each page of the contract and transaction.
2. Documents to be provided:
- Papers proving land use rights, ownership of houses and other assets.
- If the mortgagor is an individual or household, he / she must produce a copy of an identification document, papers identifying the place of residence, marriage registration or documents proving the marital status.
- If the mortgagor is an organization, the following documents must be produced: Certificate of operation registration / Establishment decision, meeting minutes, decision of the Company, ID card of the legal representative or ID card of the person authorized representative accompanied by the power of attorney from the legal representative.
- The mortgagee is a credit institution lawfully operating in Vietnam with all the papers required by law.
- Draft mortgage contract.
Note: At the time of signing the contract, the parties must produce the original for notary comparison.
In addition, Dai Viet Law supports the laws of Civil Law, Business Law with a team of highly specialized lawyers with many years of experience.
See more articles:
Procedures for registering parents, children
Settlement of economic and commercial contract disputes in business law
If you have any questions, please contact Dai Viet Notary Office (now Tran Hang Notary Office) / Dai Viet Law Company Limited for specific answers.
DAI VIET LAW CO., LTD-DAI VIET NOTARY OFFICE
Address: No. 28 Lieu Giai, Cong Vi Ward, Ba Dinh District, Hanoi City
Tel: (04) 37478888 Fax: (04) 37473966
Hot-line: 0933.668.166
Email: info@luatdaiviet.vn
Website: www.luatdaiviet.vn
1. Order and procedures for implementation.
Pursuant to the provisions on the order of notarization procedures mentioned in Articles 40 and 41 of the Law on Notary 2014:
- The notarization requester shall submit a set of notarization-requesting dossiers at the notarization-practicing organization according to regulations;
- The notary public examines the papers in the notarization request dossier. In case the dossier requires notarization sufficiently and in accordance with provisions of applicable laws, it shall be accepted and recorded in the notarization book.
- The notary shall guide the notarization requester in strictly observing the provisions on notarization procedures and law provisions related to the performance of contracts and transactions; explain to the notarization requesters clearly understand their legal rights, obligations and interests, the meanings and legal consequences of participating in contracts and transactions.
- In cases where there are grounds to believe that there are unclear matters in the notarization-requesting dossiers, the conclusion of contracts and transactions shows signs of threats, coercion, or suspicion of the people's act capacity. The notarization requester or the object of the contract or transaction has not been specifically described, the notary shall request the notarization requester to clarify or at the request of the notarization or notarization requester. conduct verification or require inspection; In case of failure to clarify, they have the right to refuse notarization.
- If the content and intention of entering into a contract is authentic, does not violate the law, is not contrary to social morality, the notary drafting the contract;
- In case the contract is pre-drafted, the Notary public examines the draft contract and transaction; If the draft of the contract contains a provision that violates the law, is contrary to social ethics, the subject of the contract, the transaction is not in compliance with the provisions of law, the notary must clearly indicate to the lover. Notarized bridge for repair. In cases where the notarization requesters do not repair, the notaries have the right to refuse notarization.
- The notarization requester reads the draft contract or the notary reads it to the notary public. In case the notarial requester agrees to the entire contents of the draft contract or transaction, then sign each page of the contract or transaction. The notary public requires the notarial requester to present the original of the papers for comparison before recording the testimony, signing each page of the contract and transaction.
2. Documents to be provided:
- Papers proving land use rights, ownership of houses and other assets.
- If the mortgagor is an individual or household, he / she must produce a copy of an identification document, papers identifying the place of residence, marriage registration or documents proving the marital status.
- If the mortgagor is an organization, the following documents must be produced: Certificate of operation registration / Establishment decision, meeting minutes, decision of the Company, ID card of the legal representative or ID card of the person authorized representative accompanied by the power of attorney from the legal representative.
- The mortgagee is a credit institution lawfully operating in Vietnam with all the papers required by law.
- Draft mortgage contract.
Note: At the time of signing the contract, the parties must produce the original for notary comparison.
In addition, Dai Viet Law supports the laws of Civil Law, Business Law with a team of highly specialized lawyers with many years of experience.
See more articles:
Procedures for registering parents, children
Settlement of economic and commercial contract disputes in business law
If you have any questions, please contact Dai Viet Notary Office (now Tran Hang Notary Office) / Dai Viet Law Company Limited for specific answers.
DAI VIET LAW CO., LTD-DAI VIET NOTARY OFFICE
Address: No. 28 Lieu Giai, Cong Vi Ward, Ba Dinh District, Hanoi City
Tel: (04) 37478888 Fax: (04) 37473966
Hot-line: 0933.668.166
Email: info@luatdaiviet.vn
Website: www.luatdaiviet.vn
