Is it allowed to notarize the contracts related to property and interests of relatives?

Posted date: 05/02/2021

My cousin is a notary, I intend to ask her to notarize some real estate papers. However, she said that notaries could not notarize for relatives, otherwise they shall be punished. I hope to receive FDVN’s advice soon. Thank you!

FDVN’s opinions:

Thank you for concerning FDVN’s legal services. Regarding your consulting requests, after studying the relevant legal documents, FDVN Law Firm would like to give you the following advice:

Pursuant to Paragraph c, Clause 1 Article 7 of the Law on Notarization 2014, notaries and notarial practice organizations are prohibited from committing the following acts: “Notarizing contracts, transactions or translations which are related to properties or interests of their own or of their relatives being spouses; natural parents, adoptive parents; natural parents, adoptive parents of their spouses; natural children, adopted children or children-in-law; grandparents, siblings or siblings-in-law; and natural grandchildren, adopted grandchildren”.

In case of violations, they will be administratively sanctioned with a fine ranging from VND 10,000,000 to VND 15,000,000 as prescribed in paragraph b Clause 3 Article 14 of Decree 110/2013/ND-CP stipulating the sanction of administrative violations in the field of judicial assistance, judicial administration, marriage and family, civil judgment enforcements, Enterprise and cooperative bankruptcy.

Based on the above provisions, you can determine the relative relationship between you and the notary; from there, determine whether the above case falls under the case prohibited by law above or not in order to have legal behavior.

Above is the advisory opinion of FDVN related to your consulting request on the basis of researching legal regulations. Hopefully, the advice of FDVN will be useful to you.

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