Legal value of documents illegally authenticated in Vietnam

Legal value of documents illegally authenticated in Vietnam (Internet image)

Regarding this issue, LawNet responded as follows:

1. Legal value of documents illegally authenticated in Vietnam

Legal value of documents illegally authenticated according to Article 7 of Circular 01/2020/TT-BTP is as follows:

- Documents authenticated from master registers and signatures authenticated against regulations under Decree 23/2015/ND-CP and Circular 01/2020/TT-BTP shall have no legal value.

- Chairpersons of People’s Committees of districts are responsible for issuing decisions on annulling legal value of documents specified in Clause 1 of Article 7 of Circular 01/2020/TT-BTP with respect to documents authenticated by Departments of Legal Affairs.

Chairpersons of People’s Committees of communes are responsible for annulling legal value of documents specified in Clause 1 of Article 7 of Circular 01/2020/TT-BTP with respect to documents authenticated by agencies of their own.

After issuing documents on annulling documents, Chairpersons of People’s Committees of districts and Chairpersons of People’s Committees of communes are responsible for uploading information regarding authenticated documents having no legal value on website of provincial People’s Committees.

- Heads of representative missions, consular missions and other agencies authorized to exercise Vietnamese consular functions overseas are responsible for issuing documents annulling legal value of documents specified in Clause 1 of Article 7 of Circular 01/2020/TT-BTP with respect to documents authenticated by agencies under their management and uploading authenticated documents having no legal value on website of their agencies.

- Issuance of documents annulling legal value and uploading of implementation information shall be performed as soon as documents are found to be contradictory to regulations and law.

2. Rights and obligations of requesters for authentication in Vietnam

Rights and obligations of requesters for authentication under Article 8 of Decree 23/2015/ND-CP are as follows:

- Requesters for authentication have the rights to request authentication from any competent agency or organization except otherwise as prescribed in Clause 6, Article 5 of Decree 23/2015/ND-CP.

In case of rejection, requesters have the rights to ask the agency or organization to give reasons in writing or complaints shall be filed according to the law provisions.

- Requesters shall be responsible for information and eligibility of papers, documents to be submitted for authentication or to be presented as procedures for authentication under this Decree.

3. Rights and obligations of authenticating persons in Vietnam

Rights and obligations of authenticating persons according to Article 9 of Decree 23/2015/ND-CP are as follows:

- Ensure honesty, accuracy and objectivity when authentication is carried out;

- Take legal responsibility for one’s own authentication;

- Do not authenticate contracts or signatures concerning properties or interests of their own or of their relatives (spouses, biological and adoptive parents, biological and adopted children...)

- Reject authentication in cases as defined in Articles 22, 25 and 32 of Decree 23/2015/ND-CP;

- Request relevant agencies, organizations, and individuals to provide necessary information to verify legality of the papers and documents submitted for authentication.

- Document, impound and transfer to competent state agencies for handling any paper or document (submitted for authentication) that is illegally issued, falsified or contain information as defined in Clause 4, Article 22 of Decree 23/2015/ND-CP

- Instruct requesters to make supplements to the papers or documents (submitted for authentication) if necessary or instruct them to make submission to the right competent agency upon finding they go to the wrong place.

In case of rejection, authenticating persons must give proper reasons in writing to the requester.

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