What is electronic copy certification? What are the procedures for electronic copy certification in Vietnam?
What is electronic copy certification?
According to the provisions of Clause 9, Article 3 of Decree 45/2020/ND-CP of Vietnam on the definition of electronic copy certification as follows:
Definitions
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9. “electronic copy certification” refers to the process where a competent authority or organization certifies an electronic copy as a true copy of a physical document based on such physical document.
In which the originals are papers and documents issued for the first time by a competent agency or organization, re-issued or re-issued upon re-registration; papers and documents prepared by the individual, certified and stamped by a competent agency or organization.
A copy is a photocopy of the original or a typed copy with complete and exact content as stated in the original.
At the same time, according to the provisions of Clause 2, Article 3 of Decree 23/2015/ND-CP of Vietnam, an electronic copy certified from the original in the form of a paper document is valid instead of the original used for verification comparison in transactions, unless otherwise provided for by law.
What is electronic copy certification? What are the procedures for electronic copy certification in Vietnam?
What are the procedures for electronic copy certification in Vietnam?
According to the provisions of Clause 3, Article 10 of Decree 45/2020/ND-CP of Vietnam:
- If an organization or individual requests for certification of an electronic copy, competence in certification, certification location and required documents, responsibilities of the requester and person authorized to certify the copy, certification time and extension thereof, charges and other costs and retention requirements are provided for by regulations of laws on certification. The certification procedure is as follows:
+ The applicant shall present the authentic copy of the copy to be certified.
If the authentic copy is issued, notarized or recognized by a foreign competent authority, it must undergo consular legalization as per the law before it can be used for certification, except for the cases in which consular legalization is exempt according to international conventions to which Vietnam is a signatory or the principle of reciprocity.
+ The person certifying the copy shall inspect and photograph the authentic copy, write the words denoting that the copy being certified is a true copy, add the digital signatures of themselves and the competent certification authority, and update the certification book.
An electronic copy certified according to regulations of this Decree may be used in place of its authentic copy in transactions unless otherwise provided for by law.
Which agencies have the authority for electronic copy certification?
According to the provisions of Clauses 1 and 2, Article 5 of Decree 23/2015/ND-CP of Vietnam on the authority for electronic copy certification as follows:
Authorities and responsibilities for authentication
1. The Justice offices of provincial-affiliated districts and cities (hereinafter referred to as the Justice Office) shall:
a) Certify true copies from originals of papers, documents issued or certified by Vietnamese competent authorities, foreign competent authorities, or Vietnamese competent authorities in association with foreign competent authorities.
b) Authenticate signatures on papers and documents;
c) Authenticate signatures of translators with respect to papers and documents translated from foreign language to Vietnamese or vice versa;
d) Authenticate contracts concerning properties as movables;
dd) Authenticate agreements for division of heritage, written admission of heritage as movables;
Heads, deputy heads of the Justice Office shall carry out authentication for the aforesaid matters as regulated in this Clause, sign their names and affix seals.
2. People’s Committees of communes (hereinafter referred to as the People’s Committee of communes) shall:
a) Certify true copies from originals of any paper, document issued or certified by Vietnamese competent authorities;
b) Authenticate signatures on papers and documents except signatures of translators;
c) Authenticate contracts concerning properties as movables;
b) Authenticate contracts concerning land use right according to the Law on Land;
dd) Authenticate contracts concerning houses according to the Law on Housing;
e) Authenticate testaments;
g) Authenticate written refusal of heritage;
h) Authenticate agreements for division of heritage, written admission of properties as movables as defined in Points c, d and dd of this Clause;
Presidents, deputy presidents of People’s Committees of communes shall carry out authentication, sign names and affix seals.
Thus, the following agencies have the authority for electronic copy certification:
+ The Justice offices of provincial-affiliated districts and cities shall certify true copies from originals of papers, documents issued or certified by Vietnamese competent authorities, foreign competent authorities, or Vietnamese competent authorities in association with foreign competent authorities.
+ People’s Committees of communes (hereinafter referred to as the People’s Committee of communes) shall certify true copies from originals of any paper, document issued or certified by Vietnamese competent authorities.
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