Chương III Nghị định 23/2015/NĐ-CP: Chứng thực hợp đồng, giao dịch

Chapter III

AUTHENTICATION OF CONTRACTS

Article 34. Scope of authentication of contracts

1. Any contract the authentication of which is required by the law.

2. Any contract the authentication of which is not requested by the law but is requested by organizations, individuals at their own choice.

Article 35. Responsibilities of requesters of authentication of contracts and persons who perform authentication of contracts

1. Requesters shall be responsible for information and eligibility of contracts, papers and documents as defined in Point c, Clause 1, Article 36 hereof.

2. The authenticating person shall be responsible for time and location where a contract is signed; civil capacity, willingness, signatures or append fingerprints of contracting parties.

The authenticating person has the right to reject authentication of any contract going against the law, social ethics.

Article 36. Procedures for authentication of contracts

1. Requesters must submit request documentation for authentication which consists of the following papers:

a) Draft contracts;

b) Copies of valid ID card or passport;

c) Copies of certificates of ownership or use rights or other documents with respect to properties mentioned in the contract except a testator’s life is under threat.

Copies of papers, documents as defined in Points b, c of this Clause must be enclosed for comparison.

2. The authenticating person shall carry out examination of authentication request documents. Upon finding that such documents are adequate and contracting members have sound mind, are conscious and able to control their behaviors, authentication shall be carried out.

3. Contracting parties must sign signatures in the presence of the authenticating person. In case a competent person from a credit institution or enterprise has already had a specimen signature registered at the agency that performs authentication, such person can sign his/her signature on the contract; the authenticating person must check the signature on the contract against the specimen signature before authentication is done. Upon finding any suspicion, the requester shall be requested to sign his signature in front of the authenticating person.

In case a requester is unable to perform the act of signing, his/her append fingerprint may be used as a substitute; If a requester is unable to read, hear, sign name or make any append fingerprint, at least two witness are required. Witnesses must have adequate civil capacity and have no rights, benefits or obligations relating to the contract.

4. The authenticating person must write testimonies corresponding to each type of contract according to the defined form; sign and write full name, affix a seal of the agency that performs authentication and record it in the authentication book For any contract that has at least two pages, each page must be numbered in order with a signature of the requester and authenticating person; number of pages and testimonies shall be written at the last page of the contract. For any contract that has at least two sheets, a stamp must be affixed on adjoining edges of the contract.

5. In case oral translation is needed, the interpreter shall be responsible for performing full and accurate oral translation of the contract, testimonies for the requester and signing names on individual pages of the contract as an interpreter.

Article 37. Time limit for authentication of contracts

Time limit for authentication of contracts must be within two working days since receipt of adequate authentication request documents or may be extended according to an agreement with the requester.

Article 38. Authentication of amendments, supplements, or cancellation of contracts

1. Amendments, supplements, or cancellation of authenticated contracts shall be made only when they are agreed in writing by both contracting parties.

2. Amendments, supplements, or cancellation of a contract are made at the agency that previously performed authentication of such contract.

In case amendments, supplements, replacements or cancellation are made to part or whole of a testament, authentication may be performed at any agency that performs authentication; the agency that makes amendments, supplements, replacements or cancellation of part or whole of the testament must make a written notice to the previous authenticating agency about such amendments, supplements, replacements or cancellation for note-taking in the authentication book.

Article 39. Correcting mistakes made in authenticated contracts

1. Correction of mistakes made during the typing and printing of authenticated contracts shall be done under a written agreement between contracting parties if the rights and obligations of the parties are not affected and the correction is carried out at the agency that previously performed the contract.

2. The authenticating person shall underline mistakes to be corrected, affix seal and write notes on margins of the contract about corrections, full name and signature of a correcting person, date of correction.

Article 40. Issuing certified true copies from originals of authenticated contracts;

1. The contract filing agency shall be responsible for issuing certified true copies from originals of the authenticated contracts at the request of the contracting parties.

2. Persons who request issuance of certified true copies from originals of contracts must present to the authenticating person the originals or certified true copy of valid ID card or passport.

3. Certifying copies as true from originals of the contract as prescribed in Clauses 1, 2 of this Article shall be done according to Clauses 2, 3, Article 20 hereof: