What are the places for certifying true copies from originals of degrees in Vietnam? Can certification of true copies from originals of degrees be done online according to the law?

Main Content

• What are the places for certifying true copies from originals of degrees in Vietnam?
• Can certification of true copies from originals of degrees in Vietnam be done online according to the law?
• What are the originals of papers that can not serve as the basis for certification of true copies in Vietnam?

What are the places for certifying true copies from originals of degrees in Vietnam?

Under the provisions of Article 5 of Decree 45/2020/ND-CP on the competence and responsibility for authentication as follows:

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;

According to the above regulations, Vietnamese citizens may apply for certification of true copies from originals of degrees at the People’s Committees of communes, District-level Justice Offices, or notary offices.

Can certification of true copies from originals of degrees in Vietnam be done online according to the law?

Under the provisions of Clause 9, Article 3 of Decree 45/2020/ND-CP, certification of electronic copy from original refers to the process where a competent authority or organization certifies an electronic copy as a true copy of a physical document based on such physical document.

Authorities competent to electronic copy certification are also the authorities and organizations competent to certification of true copies from originals stated in Article 5 of Decree 23/2015/ND-CP.

Therefore, Vietnamese citizens may apply for certification of true copies from originals of degrees online.

What are the originals of papers that can not serve as the basis for certification of true copies in Vietnam?

Under Article 22 of Decree 45/2020/ND-CP regulating original documents and papers that cannot be used as a basis for authenticating copies as follows:

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, there are 06 originals of papers, documents that can not serve as the basis for certification of true copies, including:

+ Originals with information being erased, modified, added or cut arbitrarily;

+ Originals that are damaged, 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 history of Vietnamese people, offending reputations, dignities, prestige and citizenship of organizations, individuals.

+ Originals that issued, notarized or certified by competent agencies from foreign countries without consular legalization as prescribed in Clause 1, Article 20 hereof.

+ Papers, documents prepared by individuals without confirmation and seals from competent agencies, organizations;