What are the responsibilities of the commune-level People's Committee in authenticating agreements for division of heritage in Vietnam?

Main Content

• What are the rights and obligations of authenticating persons in Vietnam?
• Which agency authenticates agreements for division of heritage, written admission of properties related to the exercise of the rights of the land user?
• What are the responsibilities of the commune-level People's Committee in authenticating agreements for division of heritage in Vietnam?

What are the rights and obligations of authenticating persons in Vietnam?

According to the provisions of Article 9 of Decree 23/2015/ND-CP of Vietnam, the authenticating persons must ensure the following rights and obligations:

Rights and obligations of authenticating persons in Vietnam

1. Ensure honesty, accuracy and objectivity when authentication is carried out;

2. Take legal responsibility for one’s own authentication;

3. Do not authenticate contracts or signatures concerning properties or interests of their own or of their relatives (spouses, biological and adoptive parents, biological and adopted children...)

4. Reject authentication in cases as defined in Articles 22, 25 and 32 hereof;

5. Request relevant agencies, organizations, and individuals to provide necessary information to verify legality of the papers and documents submitted for authentication.

6. Document, impound and transfer to competent state agencies for handling any paper or document (submitted for authentication) that is illegally issued, falsified or contain information as defined in Clause 4, Article 22 hereof.

7. Instruct requesters to make supplements to the papers or documents (submitted for authentication) if necessary or instruct them to make submission to the right competent agency upon finding they go to the wrong place.

In case of rejection, authenticating persons must give proper reasons in writing to the requester.

Thus, the authenticating persons must ensure the above rights and obligations.

What are the responsibilities of the commune-level People's Committee in authenticating agreements for division of heritage in Vietnam?

Which agency authenticates agreements for division of heritage, written admission of properties related to the exercise of the rights of the land user?

According to the provisions at Point h, Clause 2, Article 5 of Decree 23/2015/ND-CP of Vietnam on this content 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;

d) 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;

In which, point d of this Clause stipulates “Authenticate contracts concerning land use right according to the Law on Land”.

Thus, the commune-level People's Committee has the rights and obligations of authentication of agreements for division of heritage, written admission of properties related to the exercise of the rights of the land user according to the Law on Land.

What are the responsibilities of the commune-level People's Committee in authenticating agreements for division of heritage in Vietnam?

According to the provisions of Clause 3, Article 43 of Decree 23/2015/ND-CP of Vietnam on the responsibility of the commune-level People's Committee in authenticating agreements for division of heritage:

- The People’s Committees of communes that exercise state management in authentication in the locality shall carry out the following duties and authorities:

+ Perform authentication within authority of the People’s Committees of communes as stipulated hereof;

+ Organize propaganda about regulations of the law on authentication;

+ Issue certified true copies from originals of authenticated contracts;

+ Store authentication books and authenticated documents;

+ Settle complaints, denunciation and handle authentication-related violations within competence;

+ On the six-month or annual basis, report to the People’s Committees of communes the implementation of authentication in general and statistical data about authentication;

Civil judicial officials shall help the People’s Committees of communes implement the duties as prescribed in Points a, b, c and e of this Clause. Presidents of People’s Committees of communes, deputy presidents of the People’s Committees of communes must announce specimen signatures upon performing authentication for the Services of Justice.