Procedures for Settlement of Requests for Declaration of a Notarized Document as Invalid
Filing a request for declaration of a notarized document as invalid
The notary who performed the notarization, the applicant for notarization, witnesses, interpreters, individuals and organizations whose rights and obligations are concerned, and competent state authorities shall have the right to request the Court to declare a notarized document invalid if there are grounds to believe that the notarization violated the law in accordance with the Law on Notarization.
A petition requesting the Court to declare a notarized document invalid must contain the particulars prescribed in Clause 2, Article 362 of the Civil Procedure Code.
The petition must be accompanied by documents and evidence proving that the request for declaration of the notarized document as invalid is well-founded and lawful.
Preparation for examination of the request
The time limit for preparation of examination of a request for declaration of a notarized document as invalid is 01 month from the date the Court accepts the petition; upon expiry of this time limit, the Court must issue a decision to convene a meeting to examine the petition.
After accepting the petition, the competent Court must immediately notify the notarial practice organization, the notary who performed the notarization, the applicant for notarization, the relevant parties, the competent state authority, and the People’s Procuracy of the same level.
During the time limit for preparation of examination, if the petitioner withdraws the request, the Court shall issue a decision to terminate the examination of the petition.
Within 15 days from the date of the decision to convene a meeting, the Court must open a meeting to examine the petition.
Decision declaring a notarized document invalid
The Court may either accept or reject the request for declaration of a notarized document as invalid.
If the request is accepted, the Court shall issue a decision declaring the notarized document invalid. Such decision must also determine the legal consequences of declaring the notarized document invalid in accordance with the law.
Legal basis:
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Articles 398, 399, 400 of the Civil Procedure Code 2015;
