What are the regulations on the legal value of copies certified as true from originals in Vietnam? Do copies certified as true from originals have an expiration date?
- Do copies certified as true from originals have an expiration date?
- What are the regulations on the legal value of copies certified as true from originals in Vietnam?
- In case the original has changed information and content, where to go to certify the copy? What is the time limit for authentication?
Do copies certified as true from originals have an expiration date?
Regarding the expiration date of the certified true copy from the original, both Decree No. 23/2015/ND-CP and the 2014 Law on Notarization of Vietnam do not stipulate the time limit for using copies certified as true from originals.
Depending on the expiration date of the original, the copy certified as true from the original will have the same expiration date. For example, the TOEIC certificate has a validity of 2 years, the copy certified as true from the original is also valid for comparison until the original expires. As for the birth certificate, which is valid for use indefinitely, the copy certified as true from the original birth certificate is valid for comparison indefinitely, unless there is a change in information and content in the birth certificate.
What are the regulations on the legal value of copies certified as true from originals in Vietnam? Do copies certified as true from originals have an expiration date? (Image from the Internet)
What are the regulations on the legal value of copies certified as true from originals in Vietnam?
According to the provisions of Clause 2, Article 2 of Decree No. 23/2015/ND-CP, the interpretation for certifying copies of originals as true is as follows:
Interpretation of terms
In this Decree, some terms are construed as follows:
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2. “Certifying copies of originals as true” means competent agencies as defined hereof shall certify copies of the originals as true based on the originals.
In addition, based on Clause 2, Article 3 of Decree No. 23/2015/ND-CP stipulating the legal value of copies issued from master registers, copies certified as true from originals, authenticated signatures and contracts as follows:
Legal value of copies issued from master registers, copies certified as true from originals, authenticated signatures and contracts
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2. Copies certified as true from originals under this Decree have legal value when being used as substitutes for originals in transactions except otherwise prescribed by the law.
In Official Dispatch No. 3574/BTP-HTTQTCT in 2022, the Ministry of Justice clearly replied as follows:
According to the provisions of Clause 2, Article 3 of Decree No. 23/2015/ND-CP dated February 16, 2015 of the Government on issuance of copies from master registers, certification of true copies from originals, authentication of signatures and contracts, copies certified as true from originals have legal value when being used as substitutes for originals in transactions except otherwise prescribed by the law.
Thus, the certified copy from the original is valid to use instead of the original used for comparison when authenticated. In case the original has changed information and content, the certified copy will not be used in place of the current original. In addition, when carrying out administrative procedures, if the specialized law provides otherwise, it shall comply with the provisions of the specialized law.
See details at: Official Dispatch No. 3574/BTP-HTTQTCT in 2022
In case the original has changed information and content, where to go to certify the copy? What is the time limit for authentication?
According to Article 5 of Decree No. 23/2015/ND-CP on the authorities and responsibilities for authentication 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.
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2. People’s Committees of communes, wards and townships (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;
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3. Diplomatic missions, consulate representative agencies and other agencies authorized to act as consuls in foreign countries (hereinafter referred to as the representative agency) have authorities and responsibilities for authenticating the matters as defined in Points a, b and c of this Clause. Diplomats, consuls shall carry out authentication, sign names and affix seals;
4. Notaries have authorities and responsibilities for authenticating the matters as defined in Points a, Clause 1, Point b, Clause 2 of this Article, signing names and affixing seals of the Notary Office.
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Thus, in case the original has changed information and content, you can go to the following agencies to certify the copy:
- Justice offices of provincial-affiliated districts and cities;
- People's Committees of communes, wards and townships;
- Diplomatic missions, consulate representative agencies and other agencies authorized to act as consuls in foreign countries;
- Notary office
At the same time, based on Article 7 of Decree No. 23/2015/ND-CP stipulating the time limit for authentication:
Time limit for authentication
Time limit for authentication must be ensured right in the day the request for authentication is received or in the following day if the request is received after 15 hours except otherwise as prescribed in Articles 21, 33 and 37 hereof.
Thus, according to regulations, the for authentication must be ensured right in the day the request for authentication is received or in the following day if the request is received after 15 hours except otherwise as prescribed in Articles 21, 33 and 37 hereof.
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