THE MINISTRY OF JUSTICE
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No: 03/2001/TP-CC
Hanoi, March 14, 2001
 
CIRCULAR
GUIDING THE IMPLEMENTATION OF THE GOVERNMENT’S DECREE NO. 75/2000/ND-CP OF DECEMBER 8, 2000 ON NOTARIZATION AND AUTHENTICATION
Pursuant to the Government’s Decree No. 75/2000/ND-CP of December 8, 2000 on notarization and authentication;
Pursuant to the Prime Minister’s Directive No. 01/2001/CT-TTg of March 5, 2001 on the implementation of the Government’s Decree on notarization and authentication;
Pursuant to the Government’s Decree No. 38/CP of June 4, 1993 on the functions, tasks, powers and organizational structure of the Justice Ministry;
The Justice Ministry hereby guides the implementation of the Government’s Decree on notarization and authentication as follows:
I. A NUMBER OF ISSUES REGARDING NOTARIZATION AND AUTHENTICATION OPERATIONS
1. Article 9 of the Government’s Decree No. 75/2000/ND-CP of December 8, 2000 on notarization and authentication (hereafter referred to as the Decree for short) prescribes that the notarization or authentication must be performed at the notarization or authentication agencies’ offices, except for the following cases which may be performed outside the offices:
a/ The notarization or authentication of testaments of persons whose lives are threatened by illness and/or accidents, or who are paralytic, or aged and weak persons who are unable to move on their own;
b/ The notarization or authentication of contracts, other transactions (hereafter referred to as contracts or transactions) and signatures of persons who are being detained or serving imprisonment sentences, paralytics, aged and weak persons who are unable to move on their own or those who, for plausible reasons, cannot go to the notarization or authentication agencies’ offices.
For all cases, the places of notarization or authentication must be inscribed. Particularly for notarization or authentication operations performed beyond the working hours, the hours and minutes when the notarization or authentication performers sign on the notarized or authenticated documents must also be inscribed.
2. Article 11 of the Decree prescribes that the notarization or authentication requesters’ signing must be made in front of the notarization or authentication performers. In cases where credit institutions’ or enterprises’ persons competent to sign contracts have registered their specimen signatures at the notarization or authentication agencies, such persons may be allowed to put their signatures on contracts in advance. The notarization or authentication performers shall compare their signatures on the contracts with the specimen signatures, before performing the notarization or authentication.
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