When will the authentication of signatures on authorization letter be carried out? What are the procedures for authentication of signatures in Vietnam?
When will the authentication of signatures on authorization letter be carried out?
According to Clause 2, Article 14 of Circular 01/2020/TT-BTP, authenticating signatures on authorization letter shall be carried out in following cases:
- Authorization for submission and receipt of documents unless otherwise specified by the law;
- Authorization for receipt of pension, postal parcel, allowances and benefits;
- Authorization for housekeeping;
- Authorizing household members to loan in Vietnam Bank for Social Policies.
And according to Clause 3 of this Article, with respect to cases of authorization not mentioned under Clause 2 of this Article, authenticating signatures on authorization letters is not allowed; applicants must follow proper procedures for authenticating contracts.
When will the authentication of signatures on authorization letter be carried out? What are the procedures for authentication of signatures in Vietnam? (Image from the Internet)
What are the procedures for authentication of signatures in Vietnam?
Authorization that fully satisfy requirements namely no salaries, no compensation obligations for the authorized party and is not related to transfer of asset ownership, immovable property use rights shall be carried out in form of authenticating signatures of authorization letters. (Clause 1, Article 14 of Circular 01/2020/TT-BTP).
And according to Article 24 of Decree 23/2015/ND-CP, the procedures for authentication of signatures on power of attorney are as follows:
- For papers: Requesters for authentication of signatures must present the following papers, documents:
+ Originals or certified true copies of valid ID card or passport;
+ Papers and documents signed by themselves;
- For procedures:
+ Carry out the examination of the papers, documents submitted for authentication to find if they are adequate;
+ Ensure requesters have a sound mind, be conscious and able to control their behaviors at the time of authentication and that the authentication is not defined in Article 25 hereof, the authenticating person shall ask the requester to sign signatures in public and do the followings:
Fully write testimonies for authentication of signatures according to the form as regulated;
Sign and write full name, affix seal of the agency that performs authentication and record it in the authentication book.
For papers, documents that have at least two pages, testimonies should be written in the last page, or have at least two sheets, a stamp must be affixed on its adjoining edges.
- For the authentication of signatures that is performed at an agency that receives and returns responses according to the single-window system, the document-receiving official shall carry out the examination of papers, documents.
Upon finding that the requester meets all conditions set out in Clause 2 of this Article, such requester is required to sign on the papers, documents that need authentication and hand it over to competent persons for authentication.
Note about responsibilities when receiving documents at the single-window department as follows: According to the provisions of Article 8 of Circular 01/2020/TT-BTP, then:
" Article 8. Responsibilities upon receiving applications at single-window departments
Upon receiving applications for signature authentication and contract authentication at receipt and result return departments in the model of single-window system, persons receiving applications (officials of Departments of Legal Affairs, legal – civil status officials of People’s Committees of communes) are responsible for thoroughly examining applications and authenticity of signatures of applicants. Persons receiving application must ensure that the applicants are fully conscious, aware and behavioral capable; parties to contracts are legally capable and consent."
Vietnam: When will the authentication of signatures on authorization letter be unaccepted?
According to the provisions of Article 25 of Decree 23/2015/ND-CP, authentication of signatures shall be unaccepted in following cases:
- Requesters are not conscious and unable to control their behaviors.
- Requesters present ID cards or passports that are invalid or falsified.
- Papers, documents requested for authentication are found containing the 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.
- Papers, documents in the form of contracts except the cases of authentication of signatures on power of attorney with respect to empowerment without pay and responsibilities undertaken by attorney in fact and bearing no relation to transfer of ownership of assets and real estate use rights.
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