This is a notable content in Circular 01/2020/TT-BTP which stipulates details and guides the implementation of certain provisions of Decree 23/2015/ND-CP dated February 16, 2015, of the Government of Vietnam regarding the issuance of copies from the master register, certification of copies from originals, certification of signatures, and certification of contracts and transactions.
According to Circular 01/2020/TT-BTP, the authorization under the provisions of Point d, Clause 4, Article 24 of Decree 23/2015/ND-CP that meets all the conditions such as no remuneration, no obligation to compensate the authorized party, and not related to the transfer of property ownership or real estate use rights, can be performed in the form of witnessing signatures on the authorization document.
Illustrative image (source: internet)
In accordance with the above regulations, witnessing signatures on the authorization document is carried out in the following 04 cases:
- Authorization for the submission and receipt of dossiers and documents on behalf of another person, except where the law stipulates that authorization is not allowed;
- Authorization to receive retirement pensions, mail, allowances, and subsidies on behalf of another person;
- Authorization for house-watching duties;
- Authorization by household members to borrow loans at the Social Policy Bank.
Note: For authorizations not falling within the above cases, witnessing signatures on the authorization document is not required; the requester must follow the procedures prescribed for contract and transaction authentication.
Additionally, the provisions on witnessing signatures in Section 3 of Decree 23/2015/ND-CP are applied to the witnessing of signatures on personal profile declarations. The certifying individual should not make any comments on the personal profile declaration, only record the certification statement in the prescribed form according to Decree 23/2015/ND-CP. In cases where specialized laws provide different regulations regarding commenting on personal profile declarations, such specialized laws shall be followed. The requester for authentication is responsible for the entire content of their personal profile declaration. For sections without content in the personal profile declaration, a diagonal line must be drawn across before requesting authentication.
Refer to other regulations in Circular 01/2020/TT-BTP, effective from April 20, 2020.
Thu Ba
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