DISTINGUISHING BETWEEN NOTARIZATION AND AUTHENTICATION
Notarization and Authentication are two distinct legal concepts. However, they are often used interchangeably, leading to the misconception that they are the same. In this article, Luật Kim Bảng provides legal information to help you distinguish between these two procedures:
| Criteria | NOTARIZATION (Công chứng) | AUTHENTICATION (Chứng thực) |
| Concept | According to Clause 1, Article 2 of the Law on Notarization 2014: Notarization is the act by a notary of a notarization practice organization: – Certifying the authenticity and legality of a contract or other written civil transactions; – Certifying the accuracy, legality, and social morality of translations from Vietnamese into foreign languages or vice versa. | According to Clause 2, Article 2 of Decree 23/2015/ND-CP: Authentication is the act by a competent agency or organization of certifying that a copy is true to the original based on the original document. |
| Authority | – Notary Public Offices (established by Provincial People’s Committees). – Notary Offices (established by at least 02 partnership notaries). – Diplomatic missions and consular offices of Vietnam abroad. – Individual Notaries. | – Justice Divisions (District level). – People’s Committees of communes/wards. – Diplomatic missions and consular offices of Vietnam abroad. – Depends on the type of document as per Article 5, Decree 23/2015/ND-CP. |
| Nature | Ensures the content of a contract/transaction. The notary is responsible for the legality, minimizing risks for the parties involved. High legal weight. | Certifies a fact or signature. It focuses on the form and appearance rather than the substantive content. |
| Legal Validity | – Effective from the date the notary signs and seals. – Binding on all related parties. – Serves as evidence; facts within a notarized document do not need to be proven unless declared void by a Court. | – Certified copies serve as a substitute for originals in transactions. – Certified signatures prove that the requester indeed signed the document, establishing their responsibility for the content. – Certified contracts prove the time, location, and legal capacity of the parties. |
| Example | A takes a resume to the Justice Office to be notarized. The officer verifies the accuracy of personal info, family relations, and work history. The officer is responsible for the accuracy of the information provided. | A takes a resume to a notary office to have the signature authenticated. The notary only ensures the signature belongs to A, not that the content of the resume is accurate. |
The above differences help you choose the appropriate form of verification based on the importance and nature of your contracts or transactions.
LEGAL SERVICES PROVIDED BY LUẬT KIM BẢNG:
- Consultancy on Deposit Contracts – validity, rights, and obligations.
- Consultancy on Land Use Right Transfer Contracts.
- Drafting Real Estate Sales Contracts.
- Representing clients in negotiating the cancellation of land sales contracts.
- Legal guidance on drafting petitions to void real estate contracts.
- Guidance on procedures for lawsuits regarding contract disputes.
- Preparation of dossiers for lawsuits to cancel house deposit contracts.
- Representing clients in working with third parties and State authorities.
- Step-by-step guidance on dispute resolution.
- Other legal consultations as requested.
Contact our Lawyers – LUẬT KIM BẢNG:
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