I am 16 years old this year, not yet old enough to join a company. To be able to work, I borrowed my older sister's ID card and related documents to have my job application notarized and authenticated. Am I considered to be violating the law? And if so, what penalties might I face? - asked Ho Thanh Nga (Binh Duong, Vietnam)
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According to Clause 3 Article 24 of Decree 110/2013/ND-CP on penalties for administrative violations in the fields of supplementary judicial support, judicial administration, marriage and family, civil judgment enforcement, and enterprise bankruptcy, the act of borrowing an ID card and related documents for notarizing or certifying job application is considered a violation of law. Violators will be fined from VND 3,000,000 to VND 5,000,000 for the act of Forging the documents for certification procedures. Clause 3 Article 24 of Decree 110/2013/ND-CP stipulates as follows:
Article 24. Violations on certification of copies from originals and certification of signatures
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3. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for one of the following acts:
a) Forging the documents for certification procedures;
b) Forging notarized copies;
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In addition to being fined, the violators will also be subject to remedial measures, including destroying the forged documents.
Furthermore, Decree 110/2013/ND-CP, amended and supplemented by Decree 67/2015/ND-CP, also stipulates the fines for other violations related to the certification of copies from originals and certification of signatures, as follows:
- A warning or a fine ranging from VND 300,000 to VND 500,000 for the act of altering, erasing, falsifying the content of the original document to request certification of copies; the content of documents and texts to request certification of translator’s signatures.
- A fine from VND 1,000,000 to VND 3,000,000 for one of the following acts:
+ Using fake documents to request notarization;
+ Using fake notarized copies; forging signatures of the notary;
+ Failing to carry out notarization immediately or on the next working day if the request is received after 3 PM, or exceeding two working days in case of multiple requests for notarization, documents with many pages, requiring a large number of copies, or complex content difficult to verify unless otherwise agreed upon in writing with the requester;
+ Notarizing outside the office of the notarizing organization without valid reasons such as the requester being too old, unable to travel, under temporary detention, imprisonment, or other legitimate reasons;
+ Refusing to notarize without falling into the exceptions stipulated in Articles 22 and 25 of Decree 23/2015/ND-CP; refusing to notarize without clearly explaining in writing to the requester;
+ Failing to arrange personnel to receive notarization requests on working days of the week; not publicly posting working schedules, authorities, procedures, processing time, fees, and notarization costs at the office of the notarizing organization.
- A fine from VND 3,000,000 to VND 5,000,000 for one of the following acts:
+ Notarizing copies from originals or certifying signatures without signing, stating full names, stamping as conformable; not recording the testimonial on the last page of the copy with more than two pages; not stamping adjacent pages for documents with more than two sheets;
+ Certifying signatures when the requester did not sign in front of the notary;
+ Carrying out notarization without recording the testimony or incorrectly recording the testimony as prescribed by Decree 23/2015/ND-CP;
+ Receiving or demanding any money or material benefits from the requester beyond the notarization fees and costs publicly listed;
+ Not maintaining notarized records; improperly maintaining notarized records as per regulations; not managing notarized records; notarized records not written consecutively by page, with no adjoining stamps from the first to the last page; not closing and summarizing the notarization log at year's end; notarization log not signed, with the name, and stamp after closing.
- A fine from VND 5,000,000 to VND 10,000,000 for one of the following acts:
+ Notarizing copies from originals, certifying signatures without recording in the notarization log as per regulations;
+ Notarizing copies from original documents that have been altered, erased, or are damaged and unreadable;
+ Notarizing copies from original documents issued by foreign competent authorities without consular legalization except for cases exempt from legalization as per international agreements that Vietnam is a member or based on reciprocity principle;
+ Notarizing copies from original documents marked as confidential by competent authorities or documents marked as not to be copied;
+ Certifying signatures on documents with illegal, anti-socialist Republic of Vietnam contents; distorting Vietnam's history; offending the honor, dignity, and reputation of individuals or organizations; infringing citizens' rights;
+ Notarizing copies from original documents privately created without certification and stamps from competent authorities;
+ Certifying signatures when the requester is not aware or in control of their actions at the time of notarization;
+ Certifying signatures when the requester presents an ID card or passport that has expired.
Nguyen Trinh
