Chương I Nghị định 23/2015/NĐ-CP: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Governing scope

This Decree regulates authorities and procedures for issuance of copies from master registers, issuance of certified true copies from originals, authentication of signatures and contracts; legal value of copies from master registers, certified true copies from originals, signatures and contracts; state management in authentication.

Article 2. Interpretation of terms

In this Decree, some terms are construed as follows:

1. “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

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

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

4. “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.

5. “Originals” mean any paper, document issued, re-issued or replaced by competent authorities; any paper, document prepared by individuals with confirmations, legal seals affixed by competent authorities.

6. "Copies" mean photocopies of originals or typed copies that have full and accurate contents as those in the master register.

7. “Master register” means the register made by a competent authority as the basis for issuance of originals as regulated and containing information exactly the same as that of the original issued by such competent authority.

8. “Authenticated document” means any paper, document and contract that has been authenticated under this Decree

9. “Authenticating person” means head or deputy head of the Justice Office of provincial-affiliated districts and cities; presidents, vice-presidents of the People’s Committees of communes, notaries, notary offices; diplomats, consuls of diplomatic missions, consulate representative agencies and other agencies authorized to act as consuls in foreign countries.

Article 3. Legal value of copies issued from master registers, copies certified as true from originals, authenticated signatures and contracts;

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

2. 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;

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

4. 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.

Article 4. Authorities and responsibilities for issuance of copies from master registers

1. Agencies or organizations that are managing master registers have the authorities and responsibilities for issuing copies from master registers as prescribed hereof, unless otherwise prescribed by the law.

2. A copy and its master register may be issued simultaneously or a copy is issued after the master register.

Article 5. Authorities and responsibilities for authentication

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

a) 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.

b) Authenticate signatures on papers and documents;

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

d) Authenticate contracts concerning properties as movables;

dd) 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.

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

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

b) Authenticate signatures on papers and documents except signatures of translators;

c) Authenticate contracts concerning properties as movables;

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

dd) Authenticate contracts concerning houses according to the Law on Housing;

e) Authenticate testaments;

g) Authenticate written refusal of heritage;

h) 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;

3. 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;

4. 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.

5. 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.

6. 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;

Article 6. Responsibilities of agencies and organizations that receive copies

1. In case only copies are requested (by the law), agencies or organizations shall be responsible for receiving copies only, no certified true copies unless originals are needed for comparison. A checker (person who compares copies and originals) shall be responsible for confirming accuracy of copies versus originals.

2. Any agency or organization that receives copies issued from master registers and certified true copies shall not be allowed to ask for presentation of originals unless the copies show signs of falsification or being illegal.

Article 7. Time limit for authentication

Time limit for authentication must be ensured right in the day the request for authentication is received or in the following day if the request is received after 15 hours except otherwise as prescribed in Articles 21, 33 and 37 hereof.

Article 8. Rights and obligations of requesters for authentication

1. Requesters for authentication have the rights to request authentication from any competent agency or organization except otherwise as prescribed in Clause 6, Article 5 hereof. 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.

2. 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 9. Rights and obligations of authenticating persons

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

2. Take legal responsibility for one’s own authentication;

3. 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...)

4. Reject authentication in cases as defined in Articles 22, 25 and 32 hereof;

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

6. 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 hereof.

7. 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.

Article 10. Places of authentication

1. Authentication is performed at the head offices of police authorities, competent agencies except authentication for testaments, contracts or signatures requested by those who are old and weak, taken into custody or detained, serving prison sentence or have other proper reasons.

2. When authentication is performed, places of authentication must be specified; in case authentication is performed outside of the head office, specific time must be specified.

3. Agencies or organizations that perform authentication must appoint personnel to receive requests for authentication all working days of week; publicly post work schedule, authorities, procedures, time for handling, fees and charges for authentication performed at agencies or organizations.

Article 11. Oral and verbal forms in authentication of contracts

Oral and verbal forms in authentication of contracts shall be Vietnamese. In case a requester can not speak good Vietnamese, a translator must be provided.

Article 12. Testimonies

1. Testimonies are compulsory information of the document to be authenticated

2. Specimen testimonies enclosed herewith includes:

a) Testimony for certification of true copies from originals;

b) Testimonies for authentication of signatures include testimonies for authentication of one signature on a single document; authentication of multiple signatures on a single document; authentication of append fingerprints; authentication in case signatures or append fingerprints can not be made;

c) Testimonies for authentication of translators’ signatures;

d) Testimonies for authentication of contracts including testimonies for authentication of contracts, agreements for division of heritage, written admission of heritage; testaments and written refusal of heritage.

Article 13. Authentication book

1. Authentication book is used to oversee and manage authentications performed at the agency or organization that perform authentication. Authentication book must be written continuously from page to page (No page is left blank). A stamp must be affixed on adjoining edges of all pages of the book and used for a year. At the end of year, close the book and enumerate all the authentications performed in the year, sign for confirmation, write full name and affix seal.

2. Authentication number is ordinal numbers written in an authentication book enclosed with the number, year of authentication and symbols of authentications... Ordinal numbers noted in the authentication book must start from 01 continuously to the end of year. In case the year is not yet finished but the book is full, the next ordinal number must be noted on another book. For any book used for the next year, ordinal number must start from 01.

The numbers noted in the authenticated document correspond to authentication number noted in the authentication book.

3. In case agencies or organizations apply information technology to authentication, all the information according to specimen authentication book enclosed herewith must be adequate. On the monthly basis, agencies or organizations shall print and make a book with a stamp affixed on adjoining edges; at the end of December 31 annually, all individual monthly books shall be gathered into a general authentication book according to type of authentication performed in a year. Formation, noting and closing of authentication book shall conform to the provisions set out in Clauses 1 and 2 of this Article

4. Specimen authentication book enclosed herewith includes:

a) Book for certification of true copies from originals (SCT/BS);

b) Authentication book for signatures, append fingerprints (SCT/CK, ĐC);

c) Authentication book for translators’ signatures (SCT/CKND);

dd) Authentication book for contracts (SCT/HĐ, GD);

Article 14. Storage

1. Authentication books are archives of the State which are preserved and stored permanently at agencies, organizations that perform authentication.

2. For authentication of signatures and signatures of translators, agencies or organizations must hold an authenticated copy for a period of two years. For authentication of signature of a court expert on the expert’s report by order of the court, or certification of true copies from originals, storage is not necessary.

3. For authentication of contracts, the agency that performs authentication must store an original of the contract enclosed with the document; period of storage is 20 years.

4. Any agency that performs authentication is not permitted to charge other fees, charges for authenticated document as defined in Clauses 2 and 3 of this Article; shall be responsible for preserving and storing authentication book and authenticated document.

5. Destruction of authenticated document with expired storage period shall be done under the Law on Archives

Article 15. Authentication fees and other expenses

1. Requesters for authentication in the Justice Office, People’s Committees of communes, representative agency must pay an authentication fee according to the law provisions.

2. Collection, payment, management and use of fees, charges for authentication must be done according to the law provisions.

3. In case requesters request the agency that performs authentication to print, photocopy, do the typing for documents to be authenticated, additional fees must be paid for such works.

At home, level of fee collection shall be defined by People’s Committee of central-affiliated cities and provinces (hereinafter referred to as the People’s Committees of provinces) based on local reality; and abroad, level of fee collection shall be defined by head of representative agency based on real circumstances in the administrative division.