Procedures for authentication of contracts in Vietnam

Procedures for authentication of contracts in Vietnam (Internet image)

1. Scope of authentication of contracts in Vietnam

According to Article 34 of Decree 23/2015/ND-CP, the scope of authentication of contracts is as follows:

- Any contract the authentication of which is required by the law.

- Any contract the authentication of which is not requested by the law but is requested by organizations, individuals at their own choice.

2. Responsibilities of requesters of authentication of contracts and persons who perform authentication of contracts in Vietnam

Article 35 of Decree 23/2015/ND-CP stipulates the responsibilities of requesters of authentication of contracts and persons who perform authentication of contracts in Vietnam as follows:

- Requesters shall be responsible for information and eligibility of contracts, papers and documents as defined in Point c, Clause 1, Article 36 of Decree 23/2015/ND-CP.

- The authenticating person shall be responsible for time and location where a contract is signed; civil capacity, willingness, signatures or append fingerprints of contracting parties.

The authenticating person has the right to reject authentication of any contract going against the law, social ethics.

3. Procedures for authentication of contracts in Vietnam

Procedures for authentication of contracts according to Article 36 of Decree 23/2015/ND-CP are as follows:

- Requesters must submit request documentation for authentication which consists of the following papers:

+ Draft contracts;

+ Copies of valid ID card or passport;

+ Copies of certificates of ownership or use rights or other documents with respect to properties mentioned in the contract except a testator’s life is under threat.

Copies of papers, documents as defined in Points b, c of this Clause must be enclosed for comparison.

- The authenticating person shall carry out examination of authentication request documents. Upon finding that such documents are adequate and contracting members have sound mind, are conscious and able to control their behaviors, authentication shall be carried out.

- Contracting parties must sign signatures in the presence of the authenticating person. In case a competent person from a credit institution or enterprise has already had a specimen signature registered at the agency that performs authentication, such person can sign his/her signature on the contract;

The authenticating person must check the signature on the contract against the specimen signature before authentication is done. Upon finding any suspicion, the requester shall be requested to sign his signature in front of the authenticating person.

In case a requester is unable to perform the act of signing, his/her append fingerprint may be used as a substitute; If a requester is unable to read, hear, sign name or make any append fingerprint, at least two witness are required.

Witnesses must have adequate civil capacity and have no rights, benefits or obligations relating to the contract.

- The authenticating person must write testimonies corresponding to each type of contract according to the defined form; sign and write full name, affix a seal of the agency that performs authentication and record it in the authentication book.

For any contract that has at least two pages, each page must be numbered in order with a signature of the requester and authenticating person; number of pages and testimonies shall be written at the last page of the contract. For any contract that has at least two sheets, a stamp must be affixed on adjoining edges of the contract.

5. In case oral translation is needed, the interpreter shall be responsible for performing full and accurate oral translation of the contract, testimonies for the requester and signing names on individual pages of the contract as an interpreter.

Quoc Dat

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE