Answer:
Where a concerned party delivers a document and evidence in an ethnic minority language or a foreign language to the Court, a lawfully notarised or certified Vietnamese translation of the evidence must be enclosed[1]. There are 03 ways by which a translation can be verified:
Way 1: Translation certified by a translation service provider. Please note that a translation service provider does not have the authority to notarise or certify a document[2]. However, in practice, the notarisation and certification process only apply to formal documents constituted in accordance with the law, not informal documents such as email, text message, etc. Thus, the translation of these informal documents (if in foreign languages) will not be notarised and certified by notary offices and Judicial Departments at the district level. Accordingly, documents translated by a translation service provider or translators’ group are only considered by the Court as an optional source of evidence (a type of evidence that is only admitted at the Judge’s discretion)
Way 2: Translation certified by a notary of a private-owned notary office. In such a case, a notary shall receive original copies needing to be translated, then check and deliver to a translator associated with the notary office[3]. The accuracy, legality, and social morality of the translation will later be examined by a notary; if those requirements are satisfied the translation will be verified by the notary’s signature and notary office’s stamp. For this reason, a translation that has been certified by a notary of a private-owned notary office will be admissible in the competent Court as a legitimate source of evidence.
Way 3: Translation certified by a Judicial Department of a district people’s committee (public notary). Judicial Departments at District-level in districts, communes, provinces (hereinafter referred to as Judicial Departments) have authority and obligation to verify signatures of associated translators in documents translated from foreign language to Vietnamese and vice versa[4]. Therefore, translation certified by a public notary is legitimate and admissible evidence in the competent Court.
[1] Article 96.3 of the Civil Proceedings Code
[2] Law on Notarisation and Article 5 of Decree 23/2015/ND-CP of the Government dated 16/02/2015
[3] Article 61 of the Law on Notarisation
[4] Article 5.1 (c) of Decree 23/2015/ND-CP of the Government dated 16/02/2015
