Vietnam: Distinguish the forms of certified true copy, exemplified copy, extract and the contents of the original according to Decree 30/2020/ND-CP?
- What is certified true copy of the content of the original according to Vietnamese regulations?
- What is an exemplified copy of the contents of the original according to Vietnamese regulations?
- What is an extract according to the content of the original according to Vietnamese regulations?
- How is the legal value of a copy determined according to Vietnamese regulations?
What is certified true copy of the content of the original according to Vietnamese regulations?
According to Clause 10, Article 1 of Decree 30/2020/ND-CP on clerical work stipulates:
“Certified true copy” means a copy with the complete and exact content of an original or primary document which is presented using the prescribed structure and technique.
Article 25 of Decree 30/2020/ND-CP on clerical work stipulates:
- True copies, including True paper copies of paper documents; true paper copies of electronic documents; true electronic copies of paper documents.
+ True paper copies of paper documents are made by photocopying original paper documents or primary paper documents.
+ True paper copies of electronic documents are made by printing original electronic documents.
+ True electronic copies of paper documents are made by digitalizing paper documents and digitally signing by entities.
Vietnam: Distinguish the forms of certified true copy, exemplified copy, extract and the contents of the original according to Decree 30/2020/ND-CP?
What is an exemplified copy of the contents of the original according to Vietnamese regulations?
Clause 11 Article 1 of Decree 30/2020/ND-CP on clerical work stipulates:
“Exemplified copy” means a duplicate with the complete and exact content of a certified true copy of a document that is presented using the prescribed structure and technique.
Article 25 of Decree 30/2020/ND-CP on clerical work stipulates:
- Exemplified copies, including Exemplified paper copies of paper documents; exemplified electronic copies of paper documents; exemplified paper copies of electronic documents.
- Exemplified copies are made by printing or photocopying true copies.
What is an extract according to the content of the original according to Vietnamese regulations?
According to Clause 12, Article 1 of Decree 30/2020/ND-CP on clerical work stipulates:
“Extract” means an exact duplicate of the needed part of the content of an original document or a primary document that is presented using the prescribed structure and technique.
Article 25 of Decree 30/2020/ND-CP on clerical work stipulates:
- Extracts, including Paper extracts from paper documents; electronic extracts from paper documents; electronic extracts from electronic documents; paper extracts from electronic documents.
- Extracts are taken from documents by completely reproducing their formatting structures and contents.
How is the legal value of a copy determined according to Vietnamese regulations?
According to Article 3 of Decree 23/2015/ND-CP stipulating:
- Legal value of the copy
+ A true copy, an original copy, and an extract made in accordance with this Decree shall have the same legal validity as the original.
- Authorization to copy documents
The head of the agency or organization shall decide on the copying of documents issued by the agency or organization, documents sent by other agencies and organizations, and prescribe the competence to sign copies of documents.
+ The copying and photocopying of documents and containers containing state secrets must comply with the provisions of law on protection of state secrets.
- Procedures for issue of copies from the original book
+ The person requesting the issue of a copy from the original book must present the original or a certified true copy of the valid ID card or passport for the person receiving the application to check.
+ In case the person requesting the grant of a copy from the original book is a person specified in Clauses 2 and 3, Article 16 of this Decree, he/she must present papers proving his/her relationship with the original grantee.
+ Agencies and organizations shall base on the original books to issue copies to the requesters; The contents of the copy must be recorded in accordance with the contents recorded in the original book. In case the original book can no longer be stored or there is no information in the original book about the contents of the request for issuance of a copy, the agency or organization shall reply in writing to the requester.
+ In case the requester for a copy from the master book sends the request by post, it must be enclosed with a certified true copy of the papers specified in Clause 1 of this Article, 01 (one) stamped envelope clearly stating his/her full name, recipient's address for the agency or organization issuing the copy.
+ The time limit for issuance of copies from the master register complies with Article 7 of this Decree. In case the request for a copy from the original book is sent by post, the time limit shall be effected as soon as the agency or organization receives a complete and valid dossier according to the postmark.
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