Authorities and responsibilities for certifying copies of originals, authentication of signatures and contract in Vietnam

Authorities and responsibilities for certifying copies of originals, authentication of signatures and contract in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What are certifying copies of originals, authentication of signatures and contract?

- According to Clause 2, Article 2 of Decree 23/2015/ND-CP, certifying copies of originals as true means competent agencies as defined hereof shall certify copies of the originals as true based on the originals.

- According to Clause 3, Article 2 of Decree 23/2015/ND-CP, authentication of signatures means competent agencies as defined hereof shall authenticate signatures on papers, documents as signatures of the person concerned.

- According to Clause 4, Article 2 of Decree 23/2015/ND-CP, 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. Authorities and responsibilities for authentication in Vietnam

Authorities and responsibilities for authentication according to Article 5 of Decree 23/2015/ND-CP are as follows:

-  The Justice offices of provincial-affiliated districts and cities (hereinafter referred to as the Justice Office) shall:

+ Certify true copies from originals of papers, documents issued or certified by Vietnamese competent authorities, foreign competent authorities, or Vietnamese competent authorities in association with foreign competent authorities.

+ Authenticate signatures on papers and documents;

+ Authenticate signatures of translators with respect to papers and documents translated from foreign language to Vietnamese or vice versa;

+ Authenticate contracts concerning properties as movables;

+ Authenticate agreements for division of heritage, written admission of heritage as movables;

Heads, deputy heads of the Justice Office shall carry out authentication for the aforesaid matters as regulated in Clause 1 of Article 5 of Decree 23/2015/ND-CP, sign their names and affix seals.

- People’s Committees of communes (hereinafter referred to as the People’s Committee of communes) shall:

+ Certify true copies from originals of any paper, document issued or certified by Vietnamese competent authorities;

+ Authenticate signatures on papers and documents except signatures of translators;

+ Authenticate contracts concerning properties as movables;

+ Authenticate contracts concerning land use right according to the Law on Land;

+ Authenticate contracts concerning houses according to the Law on Housing;

+ Authenticate testaments;

+ Authenticate written refusal of heritage;

+ Authenticate agreements for division of heritage, written admission of properties as movables as defined in Points c, d and dd of this Clause;

Presidents, deputy presidents of People’s Committees of communes shall carry out authentication, sign names and affix seals;

- Diplomatic missions, consulate representative agencies and other agencies authorized to act as consuls in foreign countries (hereinafter referred to as the representative agency) have authorities and responsibilities for authenticating the matters as defined in Points a, b and c of Clause 3 of Article 5 of Decree 23/2015/ND-CP. Diplomats, consuls shall carry out authentication, sign names and affix seals;

- Notaries have authorities and responsibilities for authenticating the matters as defined in Points a, Clause 1, Point b, Clause 2 of Article 5 of Decree 23/2015/ND-CP, signing names and affixing seals of the Notary Office.

- Certification of true copies from originals, authentication of signatures, contracts concerning properties as movables, authentication of testament as defined in this Article shall not be dependent on residency of requesters for authentication.

- Authentication of contracts concerning land use rights shall be performed at the People’s Committee of commune where the land is. Authentication of contracts concerning houses shall be performed at the People’s Committee of commune where the house is situated;

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