The draft Law on Notarization (amended) does not require notarization of translations.

On the morning of August 13th, continuing the August 2024 thematic session on law, under the chairmanship of Deputy Speaker of the National Assembly Nguyen Khac Dinh, the Standing Committee of the National Assembly gave its opinion on the explanation, acceptance, and revision of the draft Law on Notarization (amended). Reporting at the session, the Chairman of the National Assembly's Law Committee, Hoang Thanh Tung, stated that several major issues in the draft Law have been basically accepted and revised by the relevant agencies, such as the types of transactions requiring notarization, notarization of translations, and electronic notarization. Regarding electronic notarization, in response to the opinions of National Assembly deputies, the draft Law has been revised to clarify that online electronic notarization is when the parties involved in a civil transaction requesting notarization are not present at the same location and conclude the transaction through online means in the direct presence of a notary public. With this regulation, all activities of the person requesting notarization when establishing a transaction must be witnessed directly by the notary public, thus fully meeting the requirements of notarizing content using traditional methods. According to the Standing Committee of the Legal Affairs Committee, because electronic notarization is a new issue, to ensure the stability of the Law and its feasibility, the draft Law only stipulates basic issues regarding electronic notarization, and entrusts the Government with regulating the scope of transactions that can be notarized electronically, the implementation roadmap, and the specific procedures and processes in electronic notarization. Regarding the notarization of translations, some opinions agreed with the draft Law submitted by the Government not to regulate the notarization of translations but only to regulate the notary public's authentication of the translator's signature. The majority of opinions in the Standing Committee of the Legal Affairs Committee and the drafting agency agreed to adopt this direction to overcome the shortcomings and limitations of notarizing translations. Some opinions suggested retaining the regulations on notarizing translations as in the current Notarization Law; At the same time, regulations were added to strengthen the responsibility of translators to ensure the accuracy of the translation compared to the original, while notaries are only responsible for the authenticity and legality of the translated document.

Deputy Speaker of the National Assembly Nguyen Khac Dinh presided over the discussion. (Photo: DUY LINH)

Regarding the need for specific regulations on notary assistants and secretaries, National Assembly Vice Chairwoman Nguyen Thi Thanh stated that this team is involved in almost all stages of the notarization process, from receiving documents, advising on documents, drafting documents, assisting with signatures in transactions, assisting with scheduling appointments, organizing transaction signings, updating data, creating archives, and many other tasks. Meanwhile, the draft Law strictly prohibits notaries from disclosing notarization information. Therefore, if the rights, obligations, and responsibilities of notary assistants and secretaries are not regulated, this group will lack the basis to access and handle work, especially regarding the principle of confidentiality of notarization information; and it is necessary to ensure the integrity of these individuals when interacting with relevant organizations and individuals involved in notarization activities, the National Assembly Vice Chairwoman noted. The Vice Chairman of the National Assembly stated that recently, there have been several cases where employees of notary offices have abused their duties to violate the law. However, because there are no regulations regarding the titles and positions of these individuals, the prosecuting authorities have faced difficulties in determining the charges and responsibilities. Therefore, the Vice Chairman of the National Assembly suggested that the drafting and reviewing agencies study the opinions of National Assembly deputies regarding regulations on notary assistants and notary secretaries. Priority should be given to these individuals when considering the appointment of notaries. Concluding the discussion, Vice Chairman Nguyen Khac Dinh stated that the members of the National Assembly Standing Committee basically agreed with the Report on some major issues regarding the acceptance and revision of the draft Law on Notarization (amended). Regarding the notarization of translations, the Vice Chairman of the National Assembly said that this issue is clear; we agree that only the translator's signature should be certified, and the translator must bear responsibility. Regarding the state's responsibility for managing the notary profession, the Vice Chairman of the National Assembly requested clarification of the Ministry of Justice 's responsibility in leading the government's efforts to build and manage the notary database.

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