Does the requester for authentication have the right to request authentication at any competent authority?
Does the Requester Have the Right to Request Certification at Any Competent Authority?
Based on Article 8 of Decree 23/2015/ND-CP, the rights and obligations of the requester for certification are as follows:
1. The requester has the right to request certification at any convenient competent authority or organization, except for the cases stipulated in Clause 6, Article 5 of this Decree. In case of being refused certification, the requester has the right to ask the refusing authority or organization to provide a clear written explanation or file complaints according to legal regulations.
- The requester must take responsibility for the content, validity, and legality of the documents and papers they request to be certified or present during the certification procedures as stipulated in this Decree.
Additionally, Clause 6, Article 5 of the above Decree provides as follows:
The certification of contracts and transactions related to land use rights must be carried out at the People's Committee of the commune where the land is located. The certification of contracts and transactions related to housing must be carried out at the People's Committee of the commune where the house is located.
Therefore, the requester has the right to request certification at any convenient competent authority or organization except in cases where the certification of contracts and transactions related to land use rights or housing must be carried out at the People's Committee of the commune where the land or house is located.
Can the Certification Venue Be Outside the Office of the Competent Authority?
Based on Article 10 of Decree 23/2015/ND-CP, the certification venue is regulated as follows:
Certification is carried out at the office of the competent authority or organization, except for the certification of wills, contracts, transactions, and signatures where the requester is elderly, unable to travel, temporarily detained, imprisoned, or has other legitimate reasons.
When conducting certification, the venue must be clearly recorded; if certification is conducted outside the office, the time (hour, minute) of certification must be clearly recorded.
The authority or organization performing certification must arrange for the reception of certification requests on working days of the week and must publicly post the working schedule, authority, procedures, processing time, and fees at the office of the authority or organization.
Thus, in certain cases, the certification venue can be outside the office of the competent authority or organization. The certification must clearly record the venue and time of certification.
In the case above, if you wish to certify contracts or transactions related to land use rights, you must go to the People's Committee of the commune where the land is located to conduct the certification. The People's Committee of the commune where you reside does not have the authority to certify contracts or transactions related to land use rights in other areas.
Respectfully!
