In case the contract which needs authenticating has many pages, are the involved parties required to sign all the pages?
What is authentication of signatures? Who are authenticating persons?
Pursuant to Article 2 of Decree 23/2015/ND of Vietnam on the definitions of authentication of signatures, authentication of contracts and authenticating person:
“Article 2. Interpretation of terms
In this Decree, some terms are construed as follows:
…
3. “Authentication of signatures” means competent agencies as defined hereof shall authenticate signatures on papers, documents as signatures of the person concerned.
4. “Authentication of contracts” means competent agencies as defined hereof shall authenticate time and venue where the contracts are executed; civil capacity, willingness, signatures or append fingerprints of contracting parties.
…
8. “Authenticating person” means head or deputy head of the Justice Office of provincial-affiliated districts and cities; presidents, vice-presidents of the People’s Committees of communes, notaries, notary offices; diplomats, consuls of diplomatic missions, consulate representative agencies and other agencies authorized to act as consuls in foreign countries.”
Hợp đồng mang đi chứng thực có nhiều trang thì các bên tham gia có cần ký vào tất cả các trang không?
In case the contract which needs authenticating has many pages, are the involved parties required to sign all the pages?
Pursuant to Article 36 of Decree 23/2015/ND of Vietnam on procedures for authentication of contracts:
“Article 36. Procedures for authentication of contracts
1. Requesters must submit request documentation for authentication which consists of the following papers:
a) Draft contracts;
b) Copies of valid ID card or passport;
c) Copies of certificates of ownership or use rights or other documents with respect to properties mentioned in the contract except a testator’s life is under threat.
Copies of papers, documents as defined in Points b, c of this Clause must be enclosed for comparison.
2. The authenticating person shall carry out examination of authentication request documents. Upon finding that such documents are adequate and contracting members have sound mind, are conscious and able to control their behaviors, authentication shall be carried out.
3. Contracting parties must sign signatures in the presence of the authenticating person. In case a competent person from a credit institution or enterprise has already had a specimen signature registered at the agency that performs authentication, such person can sign his/her signature on the contract; the authenticating person must check the signature on the contract against the specimen signature before authentication is done. Upon finding any suspicion, the requester shall be requested to sign his signature in front of the authenticating person.
In case a requester is unable to perform the act of signing, his/her append fingerprint may be used as a substitute; If a requester is unable to read, hear, sign name or make any append fingerprint, at least two witness are required. Witnesses must have adequate civil capacity and have no rights, benefits or obligations relating to the contract.
4. The authenticating person must write testimonies corresponding to each type of contract according to the defined form; sign and write full name, affix a seal of the agency that performs authentication and record it in the authentication book. For any contract that has at least two pages, each page must be numbered in order with a signature of the requester and authenticating person; number of pages and testimonies shall be written at the last page of the contract. For any contract that has at least two sheets, a stamp must be affixed on adjoining edges of the contract.
5. In case oral translation is needed, the interpreter shall be responsible for performing full and accurate oral translation of the contract, testimonies for the requester and signing names on individual pages of the contract as an interpreter.”
Thus, for any contract that has at least two pages, each page must be have a signature of the requester and authenticating person.
What is the time limit for authentication of contracts?
Pursuant to Article 37 of Decree 23/2015/ND of Vietnam, the time limit for authentication of contracts is stipulated as follows:
“Article 37. Time limit for authentication of contracts
Time limit for authentication of contracts must be within two working days since receipt of adequate authentication request documents or may be extended according to an agreement with the requester.”
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