What types of documents do the commune-level People's Committees have the responsibilities for authentication in Vietnam?

What types of documents do the commune-level People's Committees have the responsibilities for authentication in Vietnam? (Internet image)

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

1. What is authentication?

Authentication is understood as a competent authority's confirmation and certification of an event, paper, document, personal signature, personal information, etc.

Authentication activities do not refer to the content, mainly focusing on the actual form.

2. What types of documents do the commune-level People's Committees have the responsibilities for authentication in Vietnam?

According to Clause 2, Article 5 of Decree 23/2015/ND-CP, 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 Clause 2, Article 5 of Decree 23/2015/ND-CP;

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

3. Rights and obligations of authenticating persons at the commune-level People's Committee in Vietnam

According to Article 9 of Decree 23/2015/ND-CP, rights and obligations of authenticating persons at the commune-level People's Committee in Vietnam 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.

4. Rights and obligations of requesters for authentication at the commune-level People's Committee in Vietnam

requesters for authentication at the commune-level People's Committee has the following rights and obligations:

- 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.

(Article 8 of Decree 23/2015/ND-CP)

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