What is the issuance of electronic copies from the original register? How is the issuance of electronic copies from the original register on the Public Service Portal carried out?
What is the issuance of an electronic copy from the original record?
The concept of "issuance of an electronic copy from the original record" is defined in Clause 8, Article 3 of Decree 45/2020/ND-CP as follows:
Issuance of an electronic copy from the original record: this is the process where the agency or organization managing the original record issues an electronic copy based on it. An electronic copy from the original record contains full and accurate content as recorded in the original record.
Thus, it can be understood that the issuance of an electronic copy from the original record is the issuance of an electronic copy by the agency or organization managing the original record.
In this context, an electronic copy from the original record contains full and accurate content as recorded in the original record.
What is the issuance of an electronic copy from the original record? How is the issuance of an electronic copy from the original record on the Public Service Portal carried out? (Image from the Internet)
How is the issuance of an electronic copy from the original record on the Public Service Portal carried out?
Clause 2, Article 10 of Decree 45/2020/ND-CP provides for the issuance of an electronic copy from the original record as follows:
Request for issuance of legally valid electronic copies
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2. In the case organizations or individuals request an electronic copy from the original record, the agency managing the original record shall issue an electronic copy with a digital signature of the agency to the requester. The authority to issue, and the organization or individual, is entitled to request an electronic copy from the original record following the legal regulations on issuing copies from the original record.
An electronic copy issued from the original record is valid for use in transactions, except for cases where the law provides otherwise.
Referring to Article 16 of Decree 23/2015/ND-CP, individuals and organizations are entitled to request the issuance of an electronic copy from the original record on the Public Service Portal, including:
- Individuals and organizations issued with the original.
- Legal representatives, authorized representatives of individuals and organizations issued with the original.
- Parents, children, spouses; siblings; other heirs of the individuals issued with the original in case the individual has passed away.
Regarding the procedure, Section 2 of Official Dispatch 779/BTP-HTQTCT in 2023 guides as follows:
Individuals and organizations requesting, authority issuing, and the time to issue electronic copies from the original record are performed according to Clause 1, Article 2, Articles 16 and 17 of Decree 23/2015/ND-CP and Article 10 of Decree 45/2020/ND-CP. The process of issuing electronic copies from the original record must comply with the provisions of Chapter II of Decree 45/2020/ND-CP.
Thus, the procedure for issuing an electronic copy from the original record is carried out according to Article 17 of Decree 23/2015/ND-CP on issuing copies from the original record as follows:
- The requester must present the original or a certified copy of a valid ID card or Passport for the file receiver to verify.
In the case where the requester for the electronic copy from the original record is the legal representative, authorized representative of individuals, organizations issued with the original, or parents, children, spouses; siblings; other heirs of the individual issued with the original in case such person has passed away, they must present documents proving their relationship with the person issued with the original.
- The agency or organization shall issue electronic copies to the requester based on the original record; the content of the electronic copy must match the content in the original record. In cases where the original record cannot be stored or the original record does not have the information requested, the agency or organization must respond in writing to the requester.
- In cases where the requester sends a request by mail, a certified copy of the required documents and one (1) stamped envelope with the recipient's name and address must be included.
How long will it take to receive an electronic copy from the original record?
Regarding the processing time for an electronic copy request from the original record, as stipulated in Clause 4, Article 17 of Decree 23/2015/ND-CP, it is stated as follows:
Procedure for issuing copies from the original record
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4. The issuance time for copies from the original record is performed according to the provisions of Article 7 of this Decree. If the request for issuance is sent by mail, the issuance time starts immediately after the agency or organization receives a complete valid file according to the postal stamp.
Combining the provisions of Article 7 of Decree 23/2015/ND-CP, the time for processing an electronic copy request from the original record is as follows:
- Processed on the same day the agency or organization receives the request;
- Or on the next working day if the request is received after 3 PM;
- In cases where the request is sent by mail, the issuance time starts immediately after the agency or organization receives a complete valid file according to the postal stamp.
- The above timeframes may be extended in the following cases:
+ Simultaneous requests for certification of many different types of original documents, documents with multiple pages, requests for multiple copies, or complicated document content that the certifying agency or organization cannot verify within the time limit:
The timeframe is extended by no more than two (2) additional working days or can be extended further as agreed in writing with the requester.
+ Signature certification;
+ Certification of contracts or transactions.
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