Types of originals of papers, documents ineligible to use as basis for certification of true copies in Vietnam

Types of originals of papers, documents ineligible to use as basis for certification of true copies in Vietnam (Internet image)

1. What is certification?

Article 2 of Decree 23/2015/ND-CP stipulates certification as follows:

-  “Certifying copies of originals as true” means competent agencies as defined hereof shall certify copies of the originals as true based on the originals.

- “Authentication of signatures” means competent agencies as defined hereof shall authenticate signatures on papers, documents as signatures of the person concerned.

- “Authentication of contracts” means competent agencies as defined hereof shall authenticate time and venue where the contracts are executed; civil capacity, willingness, signatures or append fingerprints of contracting parties.

2. 06 types of originals of papers, documents that can not serve as the basis for certification of true copies in Vietnam

According to Article 22 of Decree 23/2015/ND-CP, there are 06 types of originals of papers, documents that can not serve as the basis for certification of true copies, including:

- Originals with information being erased, modified, added or cut arbitrarily;

- Originals that are damaged, crushed with information being not identifiable.

- Originals affixed with a 'confidential’ seal of a competent agency or affixed no seal but with a notice “photocopying is not permitted”.

- Originals containing information going against the law and social ethics, information propagating war inciting, anti-Vietnamese socialist regime, distorting history of Vietnamese people, offending reputations, dignities, prestige and citizenship of organizations, individuals.

- Originals that issued, notarized or certified by competent agencies from foreign countries without consular legalization as prescribed in Clause 1, Article 20 of Decree 23/2015/ND-CP.

- Papers, documents prepared by individuals without confirmation and seals from competent agencies, organizations;

3. Procedures for certification of true copies from originals in Vietnam

Procedures for certification of true copies from originals shall comply with the provisions of Article 20 of Decree 23/2015/ND-CP, specifically:

- Requesters must present originals of papers and documents as the basis for certification of true copies and a copy to be certified as true.

In case originals of papers, documents that were issued, notarized or certified by a foreign competent agency or organization, they must be consular legalized according to the law before certification of true copies is performed except cases of exemption from consular legalization as prescribed in the International Agreement to which Vietnam is a signatory or according to the principle of reciprocity;

- In case requesters present originals only, the agency or organization shall have them photocopied for authentication except the agency or organization has no means of photocoying.

- Authenticating person shall examine originals and make comparison. If information of copies is the same as that of originals, originals of paper, documents other than as defined in Article 22 of Decree 23/2015/ND-CP, authentication shall be performed as follows:

+ Fully write testimonies for certification of true copies from originals according to the form as regulated;

+ Sign and write full name, affix seal of the agency that performs authentication and record it in the authentication book.

If a copy has at least two pages, testimonies should be written in the last page, or a copy has at least two sheets, a stamp must be affixed on its adjoining edges.

One or more copies that are authenticated from one original at the same time shall be noted in the book with only one authentication number.

Nhu Mai

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