Current types of authentication in Vietnam

Current types of authentication in Vietnam (Internet image)

1. Current types of authentication in Vietnam

In Clauses 1,2,3,4, Article 2 of Decree 23/2015/ND-CP, types of authentication include:

- "Issuance of copies from master registers” means agencies or organizations shall issue copies based on the master registers they are managing. Copies from master registers shall contain adequate and accurate information as written in the master registers

- “Certifying copies of originals as true” means competent agencies as defined hereof shall certify copies of the originals as true based on the originals.

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

- “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. Legal value of copies certified as true from originals in Vietnam

Article 3 of Decree 23/2015/ND-CP stipulates the legal value of copies issued from master registers, copies certified as true from originals, authenticated signatures and contracts as follows:

- Copies issued from master registers have legal value when being used as substitutes for originals in transactions except otherwise prescribed by the law;

- Copies certified as true from originals under this Decree have legal value when being used as substitutes for originals in transactions except otherwise prescribed by the law;

- Authenticated signatures under this Decree have legal value in determining signer and his/her liabilities for the paper, document signed.

- Authenticated contract under this Decree has legal value in serving as evidence of the time and venue where the contract is executed; civil capacity, willingness, signatures or append fingerprints of contracting parties.

3. Authorities and responsibilities for authentication in Vietnam

Article 5 of Decree 23/2015/ND-CP stipulates the authorities and responsibilities for authentication 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 this Clause, 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 this Clause. 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 this Article, 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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