Which authority has the power to provide training in professional competence in authentication to officials at the People’s Committees of communes in Vietnam?
Do the People’s Committees of Communes in Vietnam have the power to provide training in professional competence in authentication to their officials?
Based on Clause 3 Article 43 Decree 23/2015ND-CP stipulating the tasks and powers of the People’s Committees of communes in state management of authentication in the locality as follows:
Responsibilities of the People’s Committees at all levels for state management in authentication
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3. The People’s Committees of communes that exercise state management in authentication in the locality shall carry out the following duties and authorities:
a) Perform authentication within authority of the People’s Committees of communes as stipulated hereof;
b) Organize propaganda about regulations of the law on authentication;
c) Issue certified true copies from originals of authenticated contracts;
d) Store authentication books and authenticated documents;
dd) Settle complaints, denunciation and handle authentication-related violations within competence;
g) On the six-month or annual basis, report to the People’s Committees of communes the implementation of authentication in general and statistical data about authentication;
Civil judicial officials shall help the People’s Committees of communes implement the duties as prescribed in Points a, b, c and e of this Clause. Presidents of People’s Committees of communes, deputy presidents of the People’s Committees of communes must announce specimen signatures upon performing authentication for the Services of Justice.
According to the above regulations, there is no mention of the power to provide training in professional competence in authentication to officials within the agency.
Therefore, the People’s Committees of communes do not have the power to provide training in professional competence in authentication to their officials.
Which authority has the power to provide training in professional competence in authentication to officials at the People’s Committees of communes in Vietnam?
Which authority has the power to provide training in professional competence in authentication to officials at the People’s Committees of communes in Vietnam?
The provision of training in professional competence in authentication to officials at the People’s Committees of communes shall be conducted by the People’s Committees of districts. Specifically, it is stipulated in point a Clause 2 Article 43 Decree 23/2015ND-CP as follows:
Responsibilities of the People’s Committees at all levels for state management in authentication
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2. The People’s Committees of provincial-affiliated districts, townships and provincial cities (hereinafter referred to as the People’s Committees of districts) that exercise state management in authentication in the locality shall carry out the following duties and authorities:
a) Instruct and provide training in professional competence in authentication to officials and public servants who perform authentication at the People’s Committees of communes in the administrative division;
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Thus, the People’s Committees of provincial-affiliated districts, townships and provincial cities shall instruct and provide training in professional competence in authentication to officials and public servants who perform authentication at the People’s Committees of communes in the administrative division.
What documents are authenticated by the People's Committees of communes in Vietnam?
Article 5, Clause 2 of Decree 23/2015/ND-CP stipulates the authentication authority of the People's Committees of communes as follows:
Authorities and responsibilities for authentication
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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;
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Thus, the People’s Committees of communes have the power to authenticate the documents listed above; Presidents, deputy presidents of People’s Committees of communes shall carry out authentication, sign names and affix seals.
The People’s Committees of communes where the house is located shall authenticate contracts and transactions related to housing.
Note: The authentication of contracts and transactions related to land use rights is conducted at the People’s Committees of communes where the land is located.
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