This content is supplemented in Circular 01/2020/TT-BTP specifying details and guiding the implementation of certain articles of Decree 23/2015/ND-CP on the issuance of copies from original registers, authentication of copies from originals, authentication of signatures, and authentication of contracts and transactions.
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Methods for Handling Illegal Notarized Documents in 2020 - Illustrative Image
To be specific, Clause 1 Article 7 Circular 01/2020/TT-BTP stipulates that the documents, papers notarized as copies from the originals, and the notarization of signatures that are not conformable as per Decree 23/2015/ND-CP and this Circular shall not have legal validity.
The Chairman of the District-level People's Committee is responsible for issuing a decision to annul the legal validity of the documents, papers notarized that are not conformable in relation to the documents, papers notarized by the Justice Division, while the Chairman of the Commune-level People's Committee is responsible for issuing a decision to annul the legal validity of the documents, papers notarized that are not conformable concerning the documents, papers notarized by their respective agencies.
This content is regulated in Clause 2 Article 7 of Circular 01/2020/TT-BTP:
Article 7. Legal Validity of Documents, Papers that are Notarized Not Conformable to Law
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2. The Chairman of the District-level People's Committee is responsible for issuing a decision to annul the legal validity of the documents, papers notarized as stipulated in Clause 1 of this Article concerning the documents, papers notarized by the Justice Division. The Chairman of the Commune-level People's Committee is responsible for issuing a decision to annul the legal validity of the documents, papers notarized as stipulated in Clause 1 of this Article concerning the documents, papers notarized by their respective agencies.
After issuing a decision to annul the notarized documents, papers, the Chairman of the District-level People's Committee and the Chairman of the Commune-level People's Committee are responsible for posting information about the documents, papers that have been notarized but have no legal validity on the electronic portal of the Provincial People's Committee.
Additionally, the head of the Diplomatic Representative Agencies, Consular Offices, and other agencies authorized to perform consular functions of Vietnam abroad is responsible for issuing a decision to annul the legal validity of the documents, papers notarized that are not conformable concerning the documents, papers notarized by their respective agencies and posting information about the documents, papers that have been notarized but have no legal validity on their agency's information page.
Note: The issuance of the decision to annul the legal validity and posting of information shall be done immediately after discovering that the documents, papers have been notarized not conformable to the law.
Thus, it can be seen that this is a newly supplemented regulation in Circular 01, where previous documents only stipulated the legal validity of notarized copies without specifying the handling of illegal notarized documents.
Thu Ba
