Stamps of the organization on notarized contracts and certified copies in color photocopy
- Whether an economic organization is required to affix its seal on the corners of a mortgage contract when notarizing.
- Whether a color photocopy of the original document can be certified.
- Affixing Seal on Corners of Mortgage Contract:- As stipulated in the provisions of Decree No. 23/2015/ND-CP on the issuance of copies from master registers, certification of copies from originals, certification of signatures, and certification of contracts and transactions, there is no explicit requirement for economic organizations to affix their seal on the corners of mortgage contracts when notarizing.
- Certification of Color Photocopy:- According to Article 20 of the aforementioned Decree, the certification of copies from originals is applicable to black and white copies. Therefore, certification cannot be granted for color photocopies of the original documents unless there are specific guidelines or amendments provided by the competent authority.
Based on Clause 8, Article 40 and Clause 3, Article 41 of the Notarization Law 2014 stipulating that the person requesting notarization must sign each page of the contract and transaction and must sign in front of the notary public, except in the case where the person requesting notarization is a credit institution or another enterprise that has registered the specimen signature of the person authorized to conclude the contract or transaction with the notarization practice organization, in which case the person can sign the contract or transaction in advance without having to sign in front of the notary public pursuant to Clause 1, Article 48.
The Notarization Law 2014 also stipulates that a notarized document with two or more pages must have a seal affixed between the pages by the notarization practice organization.
Thus, the Notarization Law 2014 stipulates that in the case of an economic organization participating in the signing of a mortgage contract at a notarization practice organization, the person authorized to conclude the contract of that economic organization must sign all pages of the mortgage contract (and sign in front of the notary public, except in the case of a registered specimen signature), and it is required that the notarization practice organization affix the seal between the pages and does not stipulate that the economic organization must affix a seal between the pages of the mortgage contract.
Furthermore, based on Clause 6, Article 2 of Decree 23/2015/ND-CP on the issuance of copies from originals, authentication of copies from originals, authentication of signatures, and authentication of contracts and transactions, it is stipulated that:
- A copy used for authentication is a photograph of the original.
- The person conducting the authentication must check the original, compare it with the copy, and if the content of the copy matches the original, and the original document is not among the cases specified in Article 22 of this Decree, authenticate it according to Clause 3, Article 20.
Based on the aforementioned regulations, if a copy is a photograph (photocopy) of the original and its content matches the original, and the original is not prohibited from being used as a basis for authentication, then the copy can be considered authenticated as accurate with the original regardless of the color of the paper used to photograph (photocopy) the copy.
Above is our advisory content on the issue you are concerned about.
Respectfully!
