Procedure for authentication of signatures in Vietnam

Procedure for authentication of signatures in Vietnam (Internet image)

1. What is authentication of signatures?

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

(Clause 3, Article 2 of Decree 23/2015/ND-CP)

2. Responsibilities of requesters and authenticating persons for authentication of signatures in Vietnam

Responsibilities of requesters and authenticating persons for authentication of signatures are specified as follows:

- Requesters for authentication of signatures shall be responsible for the information of papers, documents signed by themselves; any request for authentication of signatures on papers, documents containing information as defined in Clause 4, Article 22 and Clause 4, Article 25 of Decree 23/2015/ND-CP shall not be permitted.

- Authenticating persons shall be responsible for accuracy of signatures of the requesters on related papers, documents.

(Article 23 of Decree 23/2015/ND-CP)

3. Procedures for authentication of signatures in Vietnam

In Article 24 of Decree 23/2015/ND-CP, the procedures for authentication of signatures are as follows:

Step 1: Requesters for authentication of signatures must present the following papers, documents:

- Originals or certified true copies of valid ID card or passport;

- Papers and documents signed by themselves;

Step 2:

After carrying out the examination of the papers, documents submitted for authentication to find if they are adequate as prescribed in Clause 1 of Article 24 of Decree 23/2015/ND-CP, to ensure requesters have a sound mind, be conscious and able to control their behaviors at the time of authentication and that the authentication is not defined in Article 25 of Decree 23/2015/ND-CP, the authenticating person shall ask the requester to sign signatures in public and do the followings:

- Fully write testimonies for authentication of signatures 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.

For papers, documents that have at least two pages, testimonies should be written in the last page, or have at least two sheets, a stamp must be affixed on its adjoining edges.

Step 3: For the authentication of signatures that is performed at an agency that receives and returns responses according to the single-window system, the document-receiving official shall carry out the examination of papers, documents. Upon finding that the requester meets all conditions set out in Clause 2 of Article 24 of Decree 23/2015/ND-CP, such requester is required to sign on the papers, documents that need authentication and hand it over to competent persons for authentication.

Note: Procedures for authentication of signatures above shall be also applied in the following cases:

- Authentication of signatures of multiple people on the same paper, document;

- Authentication of signatures of resume declarant;

- Authenticate signatures on papers and documents prepared by individuals according to the law provisions;

- Authentication of signatures on power of attorney with respect to empowerment without pay and responsibilities undertaken by attorney in fact and bearing no relation to transfer of ownership of assets and real estate use rights.

4. Authentication of signatures unaccepted in Vietnam

Pursuant to Article 25 of Decree 23/2015/ND-CP stipulating cases where signatures cannot be authenticated are as follows:

- Requesters are not conscious and unable to control their behaviors.

- Requesters present ID cards or passports that are invalid or falsified.

- Papers, documents requested for authentication are found containing the information as defined in Article 22 of Decree 23/2015/ND-CP;

- Papers, documents in the form of contracts except the cases defined in Point d, Clause 4, Article 24 of Decree 23/2015/ND-CP or otherwise as prescribed by Decree 23/2015/ND-CP.

5. Authentication of signatures in special cases

Pursuant to Article 26 of of Decree 23/2015/ND-CP stipulating the application in special cases as follows:

Authentication of signatures as prescribed in Articles 23, 24 and the cases (authentication unaccepted) as defined in Article 25 of Decree 23/2015/ND-CP shall be also applied with respect to authentication of append fingerprints in case requesters are unable to sign.

Depending on specific case, testimonies to be recorded must conform to the forms as set out of Decree 23/2015/ND-CP.

Ngoc Nhi

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