Conditions for establishing a notarized translation office according to legal regulations

What are the conditions for establishing a translation and notary office? And how does the registration procedure work?

1. What are the conditions for establishing a notarized translation office?

Pursuant to Article 61 of the Notary Law 2014, which stipulates the notarization of translations as follows:

“Article 61. Notarization of translations

1. Translation of documents and documents from Vietnamese into foreign languages or from languages Notarization into Vietnamese must be performed by a translator who is a collaborator of a notary practice organization. The collaborator must be a graduate of a foreign language university or other university and fluent in that foreign language. The collaborator must be responsible to the notary practice organization for the accuracy and appropriateness of the translation content he or she performs.

2. The notary public receives the original documents and documents that need to be translated and checked and assign it to the translator who is a collaborator of his or her organization. The translator must sign each page of the translation before the notary records the testimony and signs each page of the translation.

Each page of the translation must be stamped with the word “Translation” in the upper right space; the translation must be attached to the copy of the original and be stamped side by side.

3. Notary’s testimony The translation officer must clearly state the time and place of notarization, the notary’s full name, the name of the notary practice organization; certify that the signature in the translation is the interpreter’s signature; certify that the translation content is accurate, does not violate the law, and is not contrary to social ethics; has the notary’s signature and the notary practice organization’s seal.

4 in the following cases:

a) The notary knows or should know that the original was issued by wrong authority or is invalid;

b) 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 identified;

c) Papers and documents requested to be translated are state secrets; papers and documents prohibited from dissemination according to the provisions of law.

5. The Minister of Justice stipulates in detail the form of notary testimony regarding translations.”

And according to Article 22 of the Notary Law 2014 regulates notary offices as follows:

“Article 22. Notary offices

1. Notary offices are organized and operate according to the provisions of this Law and other relevant legal documents for partnerships.

Notary offices must have two or more partnership notaries. The notary office has no capital contributing members.

2. The legal representative of the Notary Office is the Head of the Office. The Head of the Notary Office must be a notary partner of the Notary Office and have practiced notary practice for 2 years or more.

3. The name of the Notary Office must include the phrase “Notary Office” accompanied by the full name of the Head of the Office or the full name of another notary partner of the Notary Office as agreed upon by the partner notaries, must not be identical or confusing with the name of another notary practice organization, must not violate the historical traditions, culture, ethics and fine customs of the nation.

4. Notary offices must have headquarters that meet the conditions prescribed by the Government.

Notary offices have their own seal and account, operating on the principle of financial autonomy with revenue from notary fees, notary fees and other legal revenue sources.

5. Notary offices use seals without the national emblem. The notary office can engrave and use the seal after receiving a decision to allow its establishment. Procedures and documents for applying for seal engraving, management and use of the seal of the Notary Office are carried out in accordance with the provisions of law on seals.”

Thus, establishing a notary translation office must ensure the conditions and standards for translation activities and notary offices as mentioned above.

2. What does a dossier requesting the establishment of a notary translation office include?

Pursuant to the provisions of Clause 1, Article 23 of the Notary Law 2014, the dossier requesting the establishment of a notary translation office includes:

– Application for establishment and project for establishment of a Notary Office, clearly stating the need for establishment, expected organization, name, personnel, headquarter location, physical conditions and plans implementation;

– Copy of the decision to appoint notaries to participate in establishing the Notary Office.

3. What are the procedures for registering the operation of a notarized translation office?

Pursuant to the provisions of Clauses 2, 3, 4 and Clause 5, Article 23 of the Notary Law 2014 on the procedures for registering the operation of a notary translation office as follows:

– Within 20 days from the date of receipt of complete documents requesting the establishment of a Public Office notarized, the Provincial People’s Committee considers and decides to allow the establishment of a Notary Office; In case of rejection, it must be notified in writing and clearly state the reason.

– Within 90 days from the date of receiving the decision permitting the establishment, the Notary Office must register its operations at the Department of Justice in the locality where the decision permitting the establishment was issued.

The content of the Notary Office’s operation registration includes the name of the Notary Office, full name. Head of the Notary Office, head office address of the Notary Office, list of notary partners of the Notary Office and list of notaries working under the Notary Office’s contract regime (if any).

– Operation registration dossier of the Notary Office includes the operation registration application, documents proving the headquarters of the Notary Office in accordance with the content stated in the establishment proposal and documents. Practice registration documents of partnership notaries and notaries working under labor contracts at the Notary Office (if any).

Within 10 working days from the date of receipt of complete operation registration documents, the Department of Justice shall issue an operation registration certificate of the Notary Office; In case of refusal, it must be notified in writing and clearly state the reason.

– The notary office may notarize operations from the date the Department of Justice issues the operation registration certificate.