Chương II Nghị định 23/2015/NĐ-CP: Cấp bản sao từ sổ gốc, chứng thực bản sao từ bản chính, chứng thực chữ ký

Chapter II

ISSUING COPIES FROM MASTER REGISTERS, AUTHENTICATION OF COPIES FROM ORIGINALS, AUTHENTICATION OF SIGNATURES

Section 1: Issuing copies from master registers

Article 16. Organizations and individuals entitled to request for issuance of copies from master registers

1. Organizations and individuals that are issued with originals

2. Legal representatives, persons authorized by organizations, individuals

3. Parents, children; spouses, sisters, brothers; successors to deceased holders of originals.

Article 17: Procedures for issuance of copies from master registers

1. Requesters for issuance of copies from master registers must present originals or any certified true copy of valid ID card or passport.

In case requesters for issuance of copies from master registers are those as defined in Clauses 2, 3, Article 16 hereof, presentation of any document approving relationship with holders of originals is required.

2. The agency or organization shall issue copies to requesters in reliance on master registers; information recorded in the copy must be exactly the same as that of the master register. In case the master register is not stored or the master register does not contain information as requested for the copy, the agency or organization shall be responsible for issuing a written reply to requesters.

3. In case requesters for issuance of copies from master registers submit their request by post, a certified true copy of the document as defined in Clause 1 of this Article, 01 (one) stamped envelop carrying full name and address must be enclosed.

4. Time limit for issuance of copies from master registers shall conform to the provisions set out in Article 7 hereof. In case a request for issuance of copies from master registers is submitted by post, the time limit for issuance shall be based on full receipt of eligible documents.

Section 2: AUTHENTICATION OF COPIES FROM ORIGINALS;

Article 18: Papers, documents as the basis for certification of true copies from originals

1. Originals of papers, documents issued by competent agencies, organizations;

2. Originals of papers, documents prepared by individuals with confirmation and seals from competent agencies, organizations;

Article 19. Responsibilities of requesters for certification of true copies and authenticating persons

1. Requesters shall be responsible for the information and eligibility of originals of papers, documents used as the basis for certification of copies as true; request for certification of true copies from originals of papers and documents as defined in Article 22 hereof is not permitted.

2. Authenticating persons shall be responsible for accuracy of copies versus originals

Article 20: Procedures for certification of true copies from originals

1. Requesters must present originals of papers and documents as the basis for certification of true copies and a copy to be certified as true.

In case originals of papers, documents that were issued, notarized or certified by a foreign competent agency or organization, they must be consular legalized according to the law before certification of true copies is performed except cases of exemption from consular legalization as prescribed in the International Agreement to which Vietnam is a signatory or according to the principle of reciprocity;

2. In case requesters present originals only, the agency or organization shall have them photocopied for authentication except the agency or organization has no means of photocoying.

3. Authenticating person shall examine originals and make comparison. If information of copies is the same as that of originals, originals of paper, documents other than as defined in Article 22 hereof, authentication shall be performed as follows:

a) Fully write testimonies for certification of true copies from originals according to the form as regulated;

b) Sign and write full name, affix seal of the agency that performs authentication and record it in the authentication book.

If a copy has at least two pages, testimonies should be written in the last page, or a copy has at least two sheets, a stamp must be affixed on its adjoining edges.

One or more copies that are authenticated from one original at the same time shall be noted in the book with only one authentication number.

Article 21: Extension of time limit for certification of true copies from originals

In case certification of true copies is done simultaneously from various kinds of originals or multi-page originals with multiple copies required and information of the primary document is so complicated and hard to check that the time limit as defined in Article 7 hereof can not be met, the agency that performs certification shall be permitted to extend a maximum of two working days or longer depending on a written agreement with the requester.

Article 22: Originals of papers, documents that can not serve as the basis for certification of true copies

1. Originals with information being erased, modified, added or cut arbitrarily;

2. Originals that are damaged, crushed with information being not identifiable.

3. Originals affixed with a 'confidential’ seal of a competent agency or affixed no seal but with a notice “photocopying is not permitted”.

4. 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.

5. Originals that issued, notarized or certified by competent agencies from foreign countries without consular legalization as prescribed in Clause 1, Article 20 hereof.

6. Papers, documents prepared by individuals without confirmation and seals from competent agencies, organizations;

Section 3: AUTHENTICATION OF SIGNATURES

Article 23. Responsibilities of requesters and authenticating persons for authentication of signatures

1. Requesters for authentication of signatures shall be responsible for the information of papers, documents signed by themselves; any request for authentication of signatures on papers, documents containing information as defined in Clause 4, Article 22 and Clause 4, Article 25 hereof shall not be permitted.

2. Authenticating persons shall be responsible for accuracy of signatures of the requesters on related papers, documents.

Article 24: Procedures for authentication of signatures

1. Requesters for authentication of signatures must present the following papers, documents:

a) Originals or certified true copies of valid ID card or passport;

b) Papers and documents signed by themselves;

2. After carrying out the examination of the papers, documents submitted for authentication to find if they are adequate as prescribed in Clause 1 of this Article, 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 hereof, the authenticating person shall ask the requester to sign signatures in public and do the followings:

a) Fully write testimonies for authentication of signatures according to the form as regulated;

b) 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.

3. 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 this Article, such requester is required to sign on the papers, documents that need authentication and hand it over to competent persons for authentication.

4. Procedures for authentication of signatures as defined in Clauses 1, 2 and 3 of this Article shall be also applied in the following cases:

a) Authentication of signatures of multiple people on the same paper, document;

b) Authentication of signatures of resume declarant;

c) Authenticate signatures on papers and documents prepared by individuals according to the law provisions;

d) 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.

Article 25: Authentication of signatures unaccepted

1. Requesters are not conscious and unable to control their behaviors.

2. Requesters present ID cards or passports that are invalid or falsified.

3. Papers, documents requested for authentication are found containing the information as defined in Article 22 hereof;

4. Papers, documents in the form of contracts except the cases defined in Point d, Clause 4, Article 24 hereof or otherwise as prescribed by the law.

Article 26. Special cases

Authentication of signatures as prescribed in Articles 23, 24 and the cases (authentication unaccepted) as defined in Article 25 hereof shall be also applied with respect to authentication of append fingerprints in case requesters are unable to sign.

Depending on specific case, testimonies to be recorded must conform to the forms as set out hereof.

Section 4: Translators and authentication of translators’ signatures;

Article 27. Qualifications translators

1. Have adequate civil capacity as required by the law;

2. Have a degree (at least bachelor’s degree or university degree) in a foreign language as target language.

For an unpopular language in which the translator has no bachelor's degree or university degree as prescribed in this Clause, proficiency must be proved.

Article 28. Free-lance translators

1. Any person who qualifies and meets the conditions as prescribed in Article 27 hereof shall be recruited to work as a free-lance translator for the Justice Office throughout the country. The Justice Office shall be responsible for examining qualifications of free-lance translators, preparing the lists of free-lance translators for submission to the Services of Justice for approval.

2. Based on the lists of free-lance translators approved by the Services of Justice, the Justice Office shall post them up at the head office of the Justice Office as reference for requesters.

3. A free-lance translator working for the Justice Office must sign a freelance contract with the Justice Office in which the responsibilities of the translator for content and quality of the translation must be set out.

Article 29. Registration for specimen signature

A free-lance translator working for the Justice Office must register specimen signature at the Justice Office. When registering specimen signature, the translator must submit a request form for a specimen signature and sign three specimen signatures on the request form in front of the head of the Justice Office.

Article 30. Responsibilities of translators and persons who authenticate signatures of translators

1. Translators shall be responsible to clients, agencies or organizations that perform authentication for accuracy of the translation; shall be not allowed to translate papers, documents defined in Article 32 hereof to request authentication of signatures of translators.

2. Authenticating persons shall be responsible for accuracy of signatures of translators on the translation.

Article 31: Procedures for authentication of signatures of translators

1. Freelance translators of the Justice Office that request authentication of signatures must present the translation and papers, documents that need translation.

 When carrying out authentication, the authenticating person must check signature on the translation against the specimen signature before authentication is done; In case of any suspicion of a fake signature, the translator is required to sign again in front of the authenticating person.

2. For any translator who is not a freelancer of the Justice Office and requests authentication of signatures on the translation translated by himself and for his personal purposes, the following papers must be presented:

a) Originals or certified true copies of valid ID card or passport;

b) Originals or copies from master registers, certified true copies of the papers, documents as defined in Clause 2, Article 27 hereof except translation into an unpopular language that requires proficiency rather than degrees.

c) The translation enclosed with papers, documents that need translation;

Requesters for authentication must sign signatures in front of the authenticating person except otherwise as prescribed in Clause 3, Article 24 hereof.

3. The authenticating person shall carry out the examination of the papers, documents submitted for authentication. Upon finding papers, documents as prescribed in Clause 1 or Clause 2 of this Article are adequate, or papers, documents to be translated are not defined in the provisions set out in Article 32 hereof, authentication shall be carried out as follows:

a) Fully write testimonies for authentication of signatures of translators according to the form as regulated;

b) Sign and write full name, affix seal of the agency that performs authentication and record it in the authentication book.

For any translation version that has at least two pages, testimonies should be written in the last page, or has at least two sheets, a stamp must be affixed on its adjoining edges.

4. In case a translator is a diplomat, a consul and at the same time an authenticating person in the representative agency, such diplomat, consul must guarantee accuracy of the translation; sign, write full name and affix seal of the representative agency.

Article 32: Papers, documents that can not translated for authentication of signatures

1. Papers, documents with information being erased, modified, added or cut arbitrarily;

2. Papers, documents that are damaged, crushed with formation being not identifiable.

3. Papers, documents affixed with 'confidential’ seal of a competent agency or affixed no seal but with a notice “photocopying is not permitted”.

4. Papers, documents containing the information as defined in Clause 4, Article 22 hereof;

5. Papers, documents that issued, notarized or certified by competent agencies from foreign countries without consular legalization as prescribed in Clause 1, Article 20 hereof.

Article 33: Time limit for authentication of signatures of translators

Time limit for authentication of signatures of translators must conform to the provisions set out in Article 27 hereof, or may be extended according to an agreement with the requester.