What are the primary papers and copies of administrative documents? What are the regulations on the forms of duplication of administrative documents in Vietnam?
What are the primary papers and copies of administrative documents in Vietnam?
Pursuant to Article 3 of Decree No. 30/2020/ND-CP stipulating the primary papers and copies of administrative documents as follows:
- "Primary paper document" means a document having the complete content and design, and created from a document bearing a competent person’s direct signature.
In addition, "Original document" means a document having the complete content and design, and directly signed, if it is a physical one, or digitally signed, if it is an electronic one, by a competent person.
According to that, the primary paper document is applied to the document on the paper form and may not be the original document.
- “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.
- “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.
- “Extract” means an exact duplicate of the needed part of content of an original document or a primary document that is presented using the prescribed structure and technique.
What are the primary papers and copies of administrative documents? What are the regulations on the forms of duplication of administrative documents in Vietnam?
What are the regulations on the forms of duplication of administrative documents in Vietnam?
According to the provisions of Article 25 of Decree No. 30/2020/ND-CP, there are 03 forms of duplication of administrative documents as follows:
True copies
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.
Exemplified copies
- 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.
Extracts
- 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.
In addition, formatting structures and techniques of true copies, exemplified copies and extracts shall be subject to regulations laid down in Appendix I of Decree No. 30/2020/ND-CP.
In particular, the structure of true copies, exemplified copies and extracts is specified in Article 8 of Decree No. 30/2020/ND-CP, including the following components:
- Country’s official name and motto.
- The issuing entity’s name.
- Document’s numbers or codes.
- Name of place and date of issue.
- Document type and abstract or summary of document content.
- Document contents.
- Title, full name and signature of the competent person.
- Seal, signature of the entity.
- Recipient.
In addition to the above components, a document can include:
- Appendices.
- "Classified” or “Urgent” marks and directions for circulation.
- Marks indicating the document maker and number of copies to be issued.
- Entity’s address; email address; web address; telephone number; fax number.
What are the regulations on the authority to duplicate administrative documents in Vietnam?
Authority to duplicate administrative documents is specified in Article 27 of Decree No. 30/2020/ND-CP, specifically:
Duplication authority
1. The entity’s head shall be accorded authority to decide the duplication of documents that it issues, documents that other entities send it, and regulate the authority to sign copies of documents.
2. Replicating, photocopying documents or objects containing state secrets shall be subject to laws on protection of state secrets.
Thus:
- The entity’s head shall be accorded authority to decide the duplication of documents that it issues, documents that other entities send it, and regulate the authority to sign copies of documents.
- Replicating, photocopying documents or objects containing state secrets shall be subject to laws on protection of state secrets.
In addition, the legal value of copies of administrative documents according to Article 26 of Decree No. 30/2020/ND-CP stipulating that true copies, exemplified copies and extracts conforming to regulations laid down herein Appendix I hereto shall have legal value equivalent to primary documents.
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