Provisions on the Legal Validity of Documents and Papers Certified as True Copies from the Originals Not Conformable

Regarding the authentication of documents. The editorial board would like to ask: According to the provisions of the law, how is the legal value of authenticated documents that do not conform to the law regulated?

At Article 7 of Circular 01/2020/TT-BTP, there are provisions on the legal value of documents and papers that have been certified as non-conformable as follows:

- Documents and papers certified as copies from the originals, certified signatures not conformable under Decree No. 23/2015/ND-CP and this Circular do not have legal value.

- The Chairman of the District People's Committee is responsible for issuing a decision to annul the legal value of the documents and papers certified as mentioned in Clause 1 of this Article concerning documents and papers certified by the Justice Department. The Chairman of the Commune People's Committee is responsible for issuing a decision to annul the legal value of the documents and papers certified as mentioned in Clause 1 of this Article concerning documents and papers certified by their own agency.

After issuing a decision to annul the documents and certified papers, the Chairman of the District People's Committee and the Chairman of the Commune People's Committee are responsible for posting information about the documents and papers that have been certified but do not have legal value on the Portal of the Provincial People's Committee.

- The head of the Diplomatic Mission, the Consular Office, and other agencies authorized to perform the consular functions of Vietnam abroad are responsible for issuing a decision to annul the legal value of the documents and papers certified as mentioned in Clause 1 of this Article concerning documents and papers certified by their own agency and for posting information about the documents and papers that have been certified but do not have legal value on the Web Portal of their agency.

- The issuance of the decision to annul the legal value and the posting of information must be done immediately after discovering that the documents and papers were certified as non-conformable with the law.

=> Thus, according to the above regulations, the documents and papers certified as copies from the originals will not have legal value.

The editorial board responds to your information.

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