What are the forms of duplication of administrative documents in Vietnam? Does the copy have the same value as the primary? - Hoai Thanh (Binh Duong)
1. What are primary paper and copies of administrative documents in Vietnam?
Article 3 of Decree 30/2020/ND-CP stipulates the originals and copies of administrative documents as follows:
- Primary paper document means a document having the complete content and design, and created from a document bearing a competent person’s direct signature.
In addition, original document means a document having the complete content and design, and directly signed, if it is a physical one, or digitally signed, if it is an electronic one, by a competent person.
Primary paper document is applied to the document on the paper form and may not be the original document
- Certified true copy means a copy with the complete and exact content of an original or primary document which is presented using the prescribed structure and technique.
- Exemplified copy means a duplicate with the complete and exact content of a certified true copy of a document that is presented using the prescribed structure and technique.
- Extract means an exact duplicate of the needed part of content of an original document or a primary document that is presented using the prescribed structure and technique.
03 forms of duplication of administrative documents in Vietnam (Internet image)
2. 03 forms of duplication of administrative documents in Vietnam
According to Article 25 of Decree 30/2020/ND-CP, there are 03 forms of duplication of administrative documents in Vietnam as follows:
(1) True copies
True copies, including: True paper copies of paper documents; true paper copies of electronic documents; true electronic copies of paper documents.
- True paper copies of paper documents are made by photocopying original paper documents or primary paper documents.
- True paper copies of electronic documents are made by printing original electronic documents.
- True electronic copies of paper documents are made by digitalizing paper documents and digitally signing by entities.
(2) Exemplified copies
- Exemplified copies, including: Exemplified paper copies of paper documents; exemplified electronic copies of paper documents; exemplified paper copies of electronic documents.
- Exemplified copies are made by printing or photocopying true copies.
(3) Extracts
- Extracts, including: Paper extracts from paper documents; electronic extracts from paper documents; electronic extracts from electronic documents; paper extracts from electronic documents.
- Extracts are taken from documents by completely reproducing their formatting structures and contents.
Note: Formatting structures and techniques of true copies, exemplified copies and extracts shall be subject to regulations laid down in Appendix I to Decree 30/2020/ND-CP.
3. Legal value of copies of administrative documents in Vietnam
Article 26 of Decree 30/2020/ND-CP stipulates that true copies, exemplified copies and extracts conforming to regulations laid down herein Appendix I hereto shall have legal value equivalent to primary documents.
4. Duplication authority
Duplication authority is based on Article 27 of Decree 30/2020/ND-CP, specifically:
- The entity’s head shall be accorded authority to decide the duplication of documents that it issues, documents that other entity sends it, and regulate the authority to sign copies of documents.
- Replicating, photocopying documents or objects containing state secrets shall be subject to laws on protection of state secrets.
Nhu Mai
- Key word:
- primary paper
- in Vietnam
- administrative documents