What is the difference between notarization and authentication?

Notarization

Notarization refers that a notary officer of a notary organization confirms:

+ The authenticity and legality of a civil contract or transaction in a written document.

+ The authenticity, legality and not immoral of a translating document from Vietnamese to foreign language or vice versa that need to be notarized based on the regulation or to be notarized based on the individual's demand.

Authentication refers that an authoritized organization or group assigned at Decree 23/2015/NĐ-CP will base on the original document to authenticate that the copy is totally true in contrast to the original.

(Article 2, clause 1 of Notarization Law 2014)

(Article 2, clause 2 Decree 23/2015/NĐ-CP)

Notarization

Authentication

To ensure the content of a contract or a transaction, notary officer will be responsible for the authencity of that contract or transaction  through the authencity guarantee to reduce the risk.

Confirm the authencity or the legality of the document, individual signature or personal information to protect the  rights and benefits of group or individual regarding to the civil, economic and administration relationship.

Notarization

Authentication

Documents need to be notarized include:

- Civil contract

- Civil transaction

- Translating document

Document need to be authenticated include:

- Issue a copy from an original;

- Authenticate a copy from an origianal;

- Authenticate signature;

- Authenticate transaction and contract;

Notarization

Authentication

Who pratices notarization:

- Notary officer of a notary office.

- Notary public and notary office.

As such, notary public and notary officer are held and runned as the regulation of the Law.

Who practices authentication:

- Manager, vice manager of Judicial district, town and city belonging to province;

- President, vice president of People's committee of a village, ward or town;

- Notary officer of notary public or notary officer;

- Diplomatic agent, embassador agent of a diplomatic missions, embassy agent.

- Other authorized organization pratices Vietnam embassy function  in foreign countries.

Notarization

Authentication

- A notarized document is valid from the days a notary officer signs and seals on notarial pratice organization.

- Notarized contract or transaction is valid to concerned parties; in case that the concerned party doesnt execute their responsibility, another party will solve based on the regulation of law, except concerned parties joining in contract or transaction have another agreement.

- Notarized contract or transaction is a proof;  details or events in contract or transaction that are notarized dont need to be proven, except the case that Law Court declares that it is invalid.

- Notarized translating document is as valid as  translating document.

- Copy of an original is as valid as original in transactions, except the law has other regulations.

- Notarized copy that is authenticated from the original in accordance with the regulation of this Decree can replace the original to compare and authenticate in transactions, except the law has other regulations.

- Authenticated signature following the regulation of this Decree is used for proving that the authentication requester has signed that signature. That is a basement to define the responsibility of the signer to the content of document.

- Authenticated contract and document assigned at this Decree is used for proving time and places that the parties has signed the contract, transactions; civil act capacity, voluntary spririt, signature or seal of parties that joined contract or transaction.

Notarization

Authentication

Notarization Law 2014.

Decree 23/2014/NĐ-CP;

Circular  01/2020/TT-BTP.