Vietnam: Can the copied document at the State agency be used for authentication? What is the use value of the copy?
What is a copy of the original in Vietnam?
Original copy, also known as notarized copy, is a full copy of the contents and formats of the original and notarized and certified by a competent agency licensed by the State. According to the provisions of Article 2 of Decree 23/2015 / ND-CP on the interpretation of words, the definition is as follows:
Article 2. Interpretation of terms
In this Decree, some terms are construed as follows:
…
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.
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.
…
What is the use value of the certified copy from the original in Vietnam?
According to Article 4 of Decree 23/2015/ND-CP stipulates the legal validity of copies issued from the original book, certified copies from the original, certified signatures and certified contracts and transactions as follows:
Article 4. Authorities and responsibilities for issuance of copies from master registers
1. Agencies or organizations that are managing master registers have the authorities and responsibilities for issuing copies from master registers as prescribed hereof, unless otherwise prescribed by the law.
2. A copy and its master register may be issued simultaneously or a copy is issued after the master register.
Can the copied document at the State agency be used for authentication in Vietnam?
Vietnam: Can the copied document at the State agency be used for authentication? What is the use value of the copy?
Pursuant to Article 5 of Decree 23/2015/ND-CP stipulating the competence and responsibility for certification as follows:
Article 5. 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.
b) Authenticate signatures on papers and documents;
c) Authenticate signatures of translators with respect to papers and documents translated from foreign language to Vietnamese or vice versa;
d) Authenticate contracts concerning properties as movables;
dd) Authenticate agreements for division of heritage, written admission of heritage as movables;
Heads, deputy heads of the Justice Office shall carry out authentication for the aforesaid matters as regulated in this Clause, sign their names and affix seals.
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;
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.
5. Certification of true copies from originals, authentication of signatures, contracts concerning properties as movables, authentication of testament as defined in this Article shall not be dependent on residency of requesters for authentication.
6. Authentication of contracts concerning land use rights shall be performed at the People’s Committee of commune where the land is. Authentication of contracts concerning houses shall be performed at the People’s Committee of commune where the house is situated;
Thus, based on the above provisions, there are currently no regulations on the certification of medical copies, but only procedures for authenticating copies from the original or authentication activities right on the content of the document.
LawNet
