Cases of authentication of signatures unaccepted in Vietnam

Cases of authentication of signatures unaccepted in Vietnam (Internet image)

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

1. Cases of authentication of signatures unaccepted in Vietnam

Cases of authentication of signatures unaccepted in Vietnam according to Article 25 of Decree 23/2015/ND-CP 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 Clause 4 of Article 22 of Decree 23/2015/ND-CP;

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.

- 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 the law.

2. Procedures for authentication of signatures in Vietnam

Procedures for authentication of signatures according to Article 24 of Decree 23/2015/ND-CP are as follows:

- 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;

- 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.

- 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.

- Procedures for authentication of signatures as defined in Clauses 1, 2 and 3 of Article 24 of Decree 23/2015/ND-CP 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.

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