Chương IV Nghị định 23/2015/NĐ-CP: Quản lý nhà nước về chứng thực

Chapter IV

STATE MANAGEMENT IN AUTHENTICATION

Article 41. Responsibilities of the Ministry of Justice for state management in authentication

The Ministry of Justice that help the Government unify state management across the country shall carry out the following duties and authorities:

1. Produce a draft of legal documents in authentication and promulgate it within its competence, or make the submission to competent state agencies for promulgation

2. Provide guidance on the implementation of legal documents in authentication

3. Carry out inspection and investigation into authentication activities; settle complaints, denunciation and handle administrative authentication-related violations within competence;

4. Apply information technology in authentication and state management in authentication;

5. International cooperation in authentication;

6. Annually, report the implementation of authentication in general and statistical data about authentication to the Government.

Article 42. Responsibilities of the Ministry of Foreign Affairs for state management in authentication

1. The Ministry of Foreign Affairs in cooperation with the Ministry of Justice in the implementation of state management in authentication with respect to the representative agencies shall carry out the following duties and authorities:

a) Instruct, inspect and investigate authentication activities performed at the representative agencies;

b) Organize training in professional competence in authentication to diplomats, consuls who perform authentication at the representative agencies;

c) Annually, report to the Ministry of Justice the implementation of authentication and statistical data about authentication at the representative agencies;

d) Settle complaints, denunciation and handle authentication-related violations within competence;

2. The representative agency that exercises state management within the administrative division shall carry out the following duties and authorities:

a) Carry out authentication within authority of the representative agency as stipulated hereof;

b) Store authentication books and authenticated documents;

d) Settle complaints, denunciation and handle authentication-related violations within competence;

d) Annually, report the implementation of authentication in general and statistical data about authentication to the Ministry of Foreign Affairs.

Diplomats, consuls who perform authentication shall be responsible for helping the representative agency carry out the duties as defined in Points a, b and d, Clause 2 of this Article.

Article 43. Responsibilities of the People’s Committees at all levels for state management in authentication

1. The People’s Committees of provincial level that exercise state management in authentication within the administrative division shall carry out the following duties and authorities:

a) Organize the implementation of legal documents in authentication in the locality;

b) Instruct and provide training in professional competence in authentication to officials and public servants who perform authentication at the Justice Office, the People’s Committees of communes and all notaries from notary organizations;

c) Organize propaganda about regulations of the law on authentication;

d) Apply information technology in authentication and state management in authentication within the administrative division, satisfy requirements for supply and exchange of information;

dd) Carry out inspection and investigation into authentication activities performed in the Justice Office, the People’s Committees of communes, notary organizations; take measures to cope with abuses of certification of true copies in the implementation of administrative procedures in the administrative division;

e) Settle complaints, denunciation and handle authentication-related violations within competence;

g) On the six-month or annual basis, report to the Ministry of Justice the implementation of authentication in general and statistical data about authentication in the locality;

The Services of Justice shall help the People’s Committees of provincial level implement the duties as prescribed in Points a, b, c, d, dd and g of this Clause;

2. The People’s Committees of provincial-affiliated districts, communes and cities (hereinafter referred to as the People’s Committees of communes) that exercise state management in authentication in the locality shall carry out the following duties and authorities:

a) Instruct and provide training in professional competence in authentication to officials and public servants who perform authentication at the People’s Committees of communes in the administrative division;

c) Organize propaganda about regulations of the law on authentication;

c) Issue certified true copies from originals of authenticated contracts;

d) Store authentication books and authenticated documents;

dd) Carry out inspection and investigation into authentication activities performed at the People’s Committees of communes; take measures to cope with abuses of certification of true copies in the implementation of administrative procedures in the administrative division;

e) Settle complaints, denunciation and handle authentication-related violations within competence;

g) On the six-month or annual basis, report to the People’s Committees of provincial level the implementation of authentication in general and statistical data about authentication;

The Justice Office shall help the People’s Committees of district level implement the duties as prescribed in Points a, b, c, d, dd and g of this Clause and perform authentication activities within authority of the Justice Office as stipulated hereof. Heads, deputy heads of the Justice Office must announce specimen signatures upon signing authentication for the Services of Justice.

3. The People’s Committees of communes that exercise state management in authentication in the locality shall carry out the following duties and authorities:

a) Perform authentication within authority of the People’s Committees of communes as stipulated hereof;

b) Organize propaganda about regulations of the law on authentication;

c) Issue certified true copies from originals of authenticated contracts;

d) Store authentication books and authenticated documents;

dd) Settle complaints, denunciation and handle authentication-related violations within competence;

g) On the six-month or annual basis, report to the People’s Committees of communes the implementation of authentication in general and statistical data about authentication;

Civil judicial officials shall help the People’s Committees of communes implement the duties as prescribed in Points a, b, c and e of this Clause. Presidents of People’s Committees of communes, deputy presidents of the People’s Committees of communes must announce specimen signatures upon performing authentication for the Services of Justice.

Article 44. Handling of violations

1. Handling of violations with respect to authenticating persons, requesters for authentication and translators shall be carried out under the law on handling of administrative violations.

2. Any authenticating person that causes damage to organizations, individuals shall be disciplined and make compensation according to the law.

3. Any translator that causes damage to requesters (by the translator’s fault) shall make compensation according to the law.

Article 45. Handling of complaints, denunciation

Lodging and handling of complaints and denunciation against violations of the law on authentication shall be carried out under the law on complaints, denunciation.