Private Notarization

In terms of legality, notarized translations are categorized into three basic types:

• Legal Notarization (State Notarization)
• Private Notarization
• Company Notarization

Notarized translation, performed at a private notary office or abbreviated as private notarization, is a concise term used in the translation service industry.

Private notarization involves the notary office verifying the signature on the translated document, which is signed by the translator in front of the notary.

"Verification of signature" refers to the act where an authorized agency or organization, as stipulated in Clause 3, Article 2 of Government Decree No. 23/2015/ND-CP, verifies signatures on documents, certifies copies from originals, authenticates signatures, and authenticates contracts, transactions authenticating signatures on documents, and documents.

The signature that is authenticated serves as a basis to determine the signer's responsibility for the content of the document.

In terms of legality, notarized translations are categorized into three basic types:

• Legal Notarization (State Notarization)
• Private Notarization
• Company Notarization

Legally, both private notarization and state notarization hold equal legal validity. However, some private notary offices have taken advantage of legal loopholes to engage in activities that may not be ethically sound, which has led to a lack of trust and credibility in private notarization in the eyes of state authorities.

To perform private notarization, a document typically includes the following components:

• The original document (in Vietnamese or a foreign language)
• The translated document (translated accurately in accordance with the original)
• The confirmation of translation. This part is divided into two sections: the translator's section and the notary section within the private notary office.
• The translator commits to translating accurately and assumes responsibility for the accuracy of the translation. The translator must meet the translation conditions as stipulated in Article 18 of Decree No. 79/2007/ND-CP dated May 18, 2007.
• The notary must possess the necessary qualifications and a professional certificate as required by law.

In cases where legal notarization is not feasible, most documents are notarized through private notary offices. Due to differing regulations among state agencies, there is no uniformity in the understanding of documents at notary offices. Some offices accept certain documents for notarization, while others do not. This is why, even when legal notarization is not possible, private notarization is still an option.

Please note: For submissions to Vietnamese state agencies such as the Department of Labor, the Department of Planning and Investment, the Department of Education, etc., documents notarized as private notarization are generally not accepted, except for the Department of Transport.

Furthermore, private notarization may submit documents for third-party confirmation without requiring state notarization.

Regarding the notary jurisdiction, the theoretical aspects can be somewhat complex.

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