Vietnam: Is it possible to certify true copies of documents without originals? Which originals of documents can not serve as the basis for certification of true copies?
Is it possible to certify true copies of documents without originals in Vietnam?
Pursuant to the provisions of Article 20 of Decree 23/2015/ND-CP stipulating the procedures for certification of true copies from originals in Vietnam as follows:
Procedures for certification of true copies from originals
1. Requesters must present originals of papers and documents as the basis for certification of true copies and a copy to be certified as true.
In case originals of papers, documents that were issued, notarized or certified by a foreign competent agency or organization, they must be consular legalized according to the law before certification of true copies is performed except cases of exemption from consular legalization as prescribed in the International Agreement to which Vietnam is a signatory or according to the principle of reciprocity;
2. In case requesters present originals only, the agency or organization shall have them photocopied for authentication except the agency or organization has no means of photocoying.
3. Authenticating person shall examine originals and make comparison. If information of copies is the same as that of originals, originals of paper, documents other than as defined in Article 22 hereof, authentication shall be performed as follows:
a) Fully write testimonies for certification of true copies from originals according to the form as regulated;
b) Sign and write full name, affix seal of the agency that performs authentication and record it in the authentication book.
If a copy has at least two pages, testimonies should be written in the last page, or a copy has at least two sheets, a stamp must be affixed on its adjoining edges.
One or more copies that are authenticated from one original at the same time shall be noted in the book with only one authentication number.
Thus, according to the above regulations, the certification of true copies of documents in Vietnam requires originals. The requesters must present the originals of documents as a basis for authentication of copies to be authenticated. Accordingly, the certification of true copies without the original is contrary to the law.
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Which originals of documents can not serve as the basis for certification of true copies in Vietnam?
Pursuant to Article 22 of Decree 23/2015/ND-CP stipulating the originals of documents that can not serve as the basis for certification of true copies in Vietnam:
Originals of papers, documents that can not serve as the basis for certification of true copies
1. Originals with information being erased, modified, added or cut arbitrarily;
2. Originals that are damaged, crushed with information being not identifiable.
3. Originals affixed with a 'confidential’ seal of a competent agency or affixed no seal but with a notice “photocopying is not permitted”.
4. Originals containing information going against the law and social ethics, information propagating war inciting, anti-Vietnamese socialist regime, distorting history of Vietnamese people, offending reputations, dignities, prestige and citizenship of organizations, individuals.
5. Originals that issued, notarized or certified by competent agencies from foreign countries without consular legalization as prescribed in Clause 1, Article 20 hereof.
6. Papers, documents prepared by individuals without confirmation and seals from competent agencies, organizations;
Thus, according to the above-mentioned regulations, the originals of the following documents can not serve as the basis for certification of true copies in Vietnam:
- Originals with information being erased, modified, added or cut arbitrarily;
- Originals that are damaged, or crushed with information being not identifiable.
- Originals affixed with a 'confidential’ seal of a competent agency or affixed no seal but with a notice “photocopying is not permitted”.
- Originals containing information going against the law and social ethics, information propagating war inciting, anti-Vietnamese socialist regime, distorting the history of Vietnamese people, offending reputations, dignities, prestige and citizenship of organizations, individuals.
- Originals issued, notarized or certified by competent agencies from foreign countries without consular legalization as prescribed in Clause 1, Article 20 of Decree 23/2015/ND-CP.
- Papers, documents prepared by individuals without confirmation and seals from competent agencies, and organizations;
Which documents do the commune-level People's Committees in Vietnam have the power to authenticate?
Pursuant to the provisions of Clause 2, Article 5 of Decree 23/2015/ND-CP stipulating the authentication power of the commune-level People's Committees in Vietnam as follows:
Authorities and responsibilities for authentication
...
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;
Thus, the commune-level People's Committees in Vietnam have the power to authenticate the following documents:
- Certify true copies from originals of any paper, or document issued or certified by Vietnamese competent authorities;
- Authenticate signatures on papers and documents except for signatures of translators;
- Authenticate contracts concerning properties as movables;
- Authenticate contracts concerning land use right according to the Law on Land;
- Authenticate contracts concerning houses according to the Law on Housing;
- Authenticate testaments;
- Authenticate written refusal of heritage;
- Authenticate agreements for division of heritage, written admission of properties as movables, contracts concerning properties as movables, contracts concerning land use right according to the Law on Land, and contracts concerning houses according to the Law on Housing.
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