What is a copy? Is a photocopy also considered a copy? Are the notarized photocopy and the copy the same?
What is a copy?
Pursuant to the provisions of Clause 6 Article 2 of Decree 23/2015/ND-CP of Vietnam, the specific concept of “copies” is as follows:
Interpretation of terms
In this Decree, some terms are construed as follows:
...
6. "Copies" mean photocopies of originals or typed copies that have full and accurate contents as those in the master register.
According to that, “copies” mean photocopies of originals or typed copies that have full and accurate contents as those in the master register.
What is a copy? Is a photocopy also considered a copy? Are the notarized photocopy and the copy the same?
Regulations on responsibilities of agencies and organizations receiving copies? Is a photocopy also considered a copy?
Responsibilities of agencies and organizations receiving copies are specified in Article 6 of Decree 23/2015/ND-CP of Vietnam as follows:
Responsibilities of agencies and organizations that receive copies
1. In case only copies are requested (by the law), agencies or organizations shall be responsible for receiving copies only, no certified true copies unless originals are needed for comparison. A checker (person who compares copies and originals) shall be responsible for confirming accuracy of copies versus originals.
2. Any agency or organization that receives copies issued from master registers and certified true copies shall not be allowed to ask for presentation of originals unless the copies show signs of falsification or being illegal.
Based on the above regulations, copies are divided into 3 types: copies, certified copies and copies issued from master registers.
Thus, a photocopy from the original (not certified) is also considered a copy.
Are copies and notarized photocopies the same?
According to the provisions of Clause 1 Article 2 of the Law on Notarization 2014 of Vietnam, the specific concept of notarization is as follows:
Interpretation of terms
In this Law, the terms below are construed as follows:
1. Notarization means the written certification by a notary of a notarial practice organization of the authenticity and lawfulness of a contract or another civil transaction (below referred to as contract or transaction) or of the accuracy, lawfulness and conformity with social ethics of the Vietnamese or foreign-language translation of a paper or document (below referred to as translation) which is prescribed by law or voluntarily requested by an individual or organization to be notarized.
Clause 2 Article 2 of Decree 23/2015/ND-CP of Vietnam stipulates the concept of certifying copies as follows:
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.
Based on the above regulations, the phrase "notarized photocopy" that people often use is actually a certified photocopy.
If the copy is a photocopy from the original or a typed copy with complete and exact content as recorded in the master register, the certified photocopy is the copy that has been determined by the competent authority to be true and accurate compared to the original.
According to that, the certified photocopy has higher legal value.
According to the provisions of Article 3 of Decree 23/2015/ND-CP of Vietnam stipulating the legal value of copies issued from master registers, copies certified as true from originals, authenticated signatures and contracts as follows:
Legal value of copies issued from master registers, copies certified as true from originals, authenticated signatures and contracts
1. Copies issued from master registers have legal value when being used as substitutes for originals in transactions except otherwise prescribed by the law;
2. Copies certified as true from originals under this Decree have legal value when being used as substitutes for originals in transactions except otherwise prescribed by the law;
3. Authenticated signatures under this Decree have legal value in determining signer and his/her liabilities for the paper, document signed.
4. Authenticated contract under this Decree has legal value in serving as evidence of the time and venue where the contract is executed; civil capacity, willingness, signatures or append fingerprints of contracting parties.
In fact, agencies and units in the process of handling administrative procedures all require a certified copy or a copy from the master register.
Currently, in addition to providing paper copies, people have the right to request competent authorities to issue electronic copies.
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