Circular No. 01/2020/TT-BTP detailing and guiding the implementation of certain provisions of Government Decree No. 23/2015/NĐ-CP dated February 16, 2015 on issuing certified copies from original books, certifying copies from originals, certifying signatures, and certifying contracts and transactions.

CIRCULAR

Detailed regulations and guidance on implementation of certain provisions of the Law on Social Insurance regarding voluntary social insuranceDecree No. 23/2015/NĐ-CP dated February 16, 2015 of the Governmenton issuing copies from original registers, certifying copies from originals,certifying signatures, and certifying contracts and transactions

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Pursuant to Decree No. 96/2017/NĐ-CP dated August 16, 2017, issued by the Government on the functions, tasks, powers, and organizational structure of the Ministry of Justice;

Pursuant to Decree No. 23/2015/NĐ-CP dated February 16, 2015 of the Government on issuing copies from original registers, certifying copies from originals, certifying signatures, and certifying contracts and transactions;

At the proposal of the Director of the Department of Household Registration, Nationality, and Notarization;

The Minister of Justice issues this Circular detailing and guiding the implementation of certain provisions of Decree No. 23/2015/NĐ-CP dated February 16, 2015 of the Government on issuing copies from original registers, certifying copies from originals, certifying signatures, and certifying contracts and transactions.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular details and guides the implementation of certain provisions regarding certifying copies from originals; certifying signatures; approving lists of translation collaborators; certifying contracts and transactions; and certification authority at island districts.

Article 2. Handling Requests for Certification

1. For certification requests received after 15:00 that the certification agency cannot resolve and issue results on the same day or must extend the processing time according to Articles 21, 33, and 37 of Decree No. 23/2015/NĐ-CP dated February 16, 2015 of the Government on issuing copies from original registers, certifying copies from originals, certifying signatures, and certifying contracts and transactions (hereinafter referred to as Decree No. 23/2015/NĐ-CP), the person receiving the file must provide a notice with the specific time (hour, date) for delivering the result to the requesting party.

2. When receiving and handling certification requests, the person receiving the file and the person performing the certification shall not add additional procedures, cause inconvenience, or request additional documents contrary to Decree No. 23/2015/NĐ-CP and this Circular.

Article 3. Issuance and Use of Certification Statements

Attached to this Circular are models of certification statements for signatures, contracts, and transactions at the single-window service counter; and certification statements for declarations of inheritance acceptance and renunciation by two or more parties.

Article 4. Recording Certification Numbers

1. The certification number for copies from originals as stipulated in point b, Clause 3, Article 20 of Decree No. 23/2015/NĐ-CP is recorded separately for each type of certified document; it is not assigned based on the sequence of certification requests.

Example: Mr. A requests certification of three types of documents from originals: a citizen identification card named Nguyen Van A, a citizen identification card named Nguyen Thi B, and a household registration book of the household headed by Nguyen Van A. Each type of certified copy will be assigned a separate number. Therefore, the certification agency will assign three different certification numbers for the three types of documents.

2. The certification number for signatures on documents and texts and for translators' signatures is recorded separately for each type of document or text requiring signature certification; it is not assigned based on the sequence of certification requests.

Example 1: Mr. Tran Van H requests certification of signatures on a personal history form and a pension receipt authorization letter. These should be assigned two separate numbers: one for the personal history form and one for the pension receipt authorization letter. Example 2: Ms. Le Thi B requests certification of a translator's signature (based on the registered sample of the translator's signature with the Department of Justice) for three types of documents: passport translation, conference invitation letter translation, and contract translation. Each type of translation must be assigned one certification number. In this case, the Department of Justice will assign three separate certification numbers, not combining the three requests into one certification number for one person.

3. The certification number for contracts is recorded separately for each matter; it is not assigned based on the sequence of requests or the number of contract copies.

Example: Mr. Le Van H and Ms. Nguyen Thi M request certification of a land transfer contract and a store rental contract. In this case, one certification number should be assigned for the land transfer contract and another for the store rental contract.

Article 5. Storage of documents when certifying signatures, certifying translator's signature

1. After certifying signatures on documents and certifying the translator's signature in accordance with Clause 2, Article 14 of Decree No. 23/2015/NĐ-CP, the agency or organization conducting certification shall be responsible for storing one (1) copy of the certified document or a photograph of the certified document.

2. The agency or organization conducting certification shall be responsible for taking photographs of the certified documents for storage purposes.

Article 6. Regarding the legalization of consular documents for certain papers issued by foreign competent authorities

Papers issued by foreign competent authorities to individuals such as passports, identity cards, residence permits, temporary residence permits, driver’s licenses, diplomas, certificates, and grade transcripts accompanying diplomas and certificates do not require consular legalization when certifying copies from originals. In cases where certification of the translator's signature on translations of these documents is requested, consular legalization is also not required.

Article 7. Legal validity of documents that have been certified incorrectly according to the law

1. Documents and papers certified as copies from originals, and signatures certified incorrectly according to Decree No. 23/2015/NĐ-CP and this Circular, shall not have legal validity.

2. The Chairman of the People's Committee at the district level shall be responsible for issuing a decision to revoke the legal validity of certified documents and papers specified in Clause 1 of this Article for those certified by the Justice Office. The Chairman of the People's Committee at the commune level shall be responsible for issuing a decision to revoke the legal validity of certified documents and papers specified in Clause 1 of this Article for those certified by their own agency. After issuing the decision to revoke the certified documents and papers, the Chairman of the People's Committee at the district level and the Chairman of the People's Committee at the commune level shall be responsible for posting information about the certified documents and papers that lack legal validity on the provincial People's Committee's electronic portal.

3. The heads of diplomatic missions, consular offices, and other agencies authorized to perform consular functions of Vietnam abroad shall be responsible for issuing decisions to revoke the legal validity of certified documents and papers specified in Clause 1 of this Article for those certified by their own agency and posting information about the certified documents and papers that lack legal validity on their own agency's website.

4. The issuance of decisions to revoke legal validity and the posting of information shall be carried out immediately upon discovery that the documents and papers were certified incorrectly according to the law.

Article 8. Responsibilities when receiving applications at a single window or interlinked single window

When receiving applications for signature certification, contract certification, and transaction certification at the application reception and result delivery unit under the single window or interlinked single window mechanism, the person receiving the application (a civil servant of the Justice Office, a civil servant of the Civil Status Office of the People's Committee at the commune level) shall be responsible for carefully checking the application, verifying the authenticity of the applicant's signature. The person receiving the application must ensure that the applicant is mentally sound, capable of recognizing and controlling their actions; all parties involved in the contract or transaction have full capacity to act under civil law and voluntarily enter into the contract or transaction.

Article 9. Responsibilities of the person requesting authentication

1. When requesting to authenticate a copy from an original, the person requesting authentication must present the original for comparison and bear responsibility for the authenticity of the original used to authenticate the copy. The original must ensure its content and form as issued or confirmed by state agencies.

2. For contracts and transactions that have been authenticated in accordance with Decree No. 23/2015/NĐ-CP and this Circular, during implementation, if any disputes, conflicts, complaints, or grievances arise, the person requesting authentication shall be fully responsible.

Chapter II

AUTHENTICATION OF COPIES FROM ORIGINALS

Article 10. Copies from originals

A copy from an original for authentication must include all pages containing information from the original. For example, when authenticating a copy from an original household registration book, it must include a full photograph of the cover page and all pages recording information about members listed in the book; when authenticating a passport, it must include a full photograph of the cover page and all pages recording information.

Article 11. Responsibilities of the person performing authentication and the person receiving the dossier when authenticating copies from originals

1. The person performing authentication (in cases where the person performing authentication receives the dossier) and the person receiving the dossier at a single-window or inter-connected single-window office are responsible for checking and comparing the copy with the original and ensuring that authentication of the copy is only performed after accurately comparing it with the original.

2. If the original falls under any of the circumstances specified in Article 22 of Decree No. 23/2015/NĐ-CP, the agency performing authentication will refuse to accept the dossier. In cases where the person requesting authentication uses an original that has been erased, added to, altered, or uses false documents or a copy with content not matching the original, the person receiving and processing the dossier will record the violation, retain the dossier, and refer it to the competent authority for handling according to the law.

Chapter III

AUTHENTICATION OF SIGNATURES ON DOCUMENTS AND TEXTS

Article 12. Authentication of signatures on foreign language documents and texts

When authenticating signatures on foreign language documents and texts, if the person receiving the dossier or the person performing authentication does not clearly understand the content of the document or text, they should request the person requesting authentication to submit a Vietnamese translation of the document or text. The Vietnamese translation does not need to be notarized or authenticated for the translator's signature, but the person requesting authentication must be responsible for the accuracy of the translation.

Article 13. Methods of authenticating signatures on documents and texts

1. The statement of authentication must be recorded immediately below the authenticated signature or on the next page of the document or text bearing the signature. In cases where the statement of authentication is recorded on the next page following the page with the signature, a stamp must be affixed between the document or text being authenticated and the page recording the statement of authentication.

2. In cases where a document or text contains multiple signatures, the signatures of all signatories in the document or text must be authenticated.

Article 14. Authentication of signatures on Power of Attorney as stipulated in Clause 4, Article 24 of Decree No. 23/2015/NĐ-CP

1. The power of attorney as stipulated in Point d, Clause 4, Article 24 of Decree No. 23/2015/NĐ-CP, which satisfies all conditions such as no remuneration, no liability for compensation by the party granted the power of attorney, and is unrelated to the transfer of property ownership rights or land use rights, may be implemented in the form of authentication of signatures on the power of attorney.

2. In accordance with the provisions of Paragraph 1 of this Article, authentication of signatures on the power of attorney shall be carried out in the following cases:

a) Delegation for submission or receipt of dossiers and documents on behalf of others, except where the law prohibits delegation;

b) Delegation for receipt of pension, postal items, allowances, and subsidies;

c) Delegation for care of housing;

d) Delegation by a household member for borrowing funds from the Social Policy Bank.

3. For delegations not falling under any of the cases specified in Paragraph 2 of this Article, authentication of signatures on the power of attorney shall not be requested; the person requesting authentication must follow the procedures prescribed for authentication of contracts and transactions.

Article 15. Authentication of signatures on personal history forms

1. The provisions on authentication of signatures in Section 3 of Decree No. 23/2015/NĐ-CP shall be applied to authenticate signatures on personal history forms. The person conducting the authentication shall not make any comments on the personal history form, but only record the statement of authentication according to the model prescribed in Decree No. 23/2015/NĐ-CP. In cases where specialized laws provide otherwise regarding the recording of comments on personal history forms, such specialized laws shall be followed.

2. The person requesting authentication shall be responsible for all contents in their personal history form. For sections without any content in the personal history form, they must cross them out before requesting authentication.

Chapter IV

AUTHENTICATION OF SIGNATURE OF THE TRANSLATOR

Article 16. Translator standards and common languages

1. According to Clause 2 of Article 27 of Decree No. 23/2015/NĐ-CP, translators must have a bachelor's degree (university level) or higher in foreign languages required for translation or hold a university degree or higher in another field taught in the required foreign language. If holding a university degree or higher in another field taught in the required foreign language, the translator must also present transcripts or other documents to prove their language proficiency. Example: Mr. Nguyen Van A has a master’s degree in International Law from China, with the program taught in Chinese, so Mr. A meets the criteria to translate Chinese. Mr. Nguyen Van B holds a bachelor's degree in economics from Japan, but the program was taught in English, so Mr. B meets the criteria to translate English.

2. Common languages refer to those used extensively in various documents and papers in Vietnam, and many Vietnamese people can translate these languages into Vietnamese or vice versa. Examples include English, French, German, Russian, Chinese, Korean, Japanese, Spanish. Uncommon languages are those rarely used in documents and papers in Vietnam, and few people can translate them into Vietnamese or vice versa. Examples include Mongolian, Indian...

Article 17. Authentication of signatures of translators who are not collaborators of the Justice Office

1. Translators of uncommon languages who do not hold a bachelor's degree in foreign languages as stipulated in Clause 2 of Article 27 of Decree No. 23/2015/NĐ-CP, when requesting signature authentication, must submit a declaration of fluency in that language and take responsibility for the content of the translation.

2. The Justice Office will only authenticate the signature of a translator who is not a collaborator of the Justice Office if the translator self-translates their own documents and papers. In cases where the translator translates documents and papers for others, including family members, friends, colleagues, or translations done for payment under agreements with individuals or organizations, it must be carried out by a translator who is a collaborator of the Justice Office.

Article 18. Approval of lists of translation collaborators

1. In cases where a translator registers to become a collaborator for translating uncommon languages without the documents specified in Clause 2 of Article 27 of Decree No. 23/2015/NĐ-CP, they must submit alternative documents (if available) and a declaration of fluency in the uncommon language.

2. The Justice Office shall prepare a list proposing the approval of translation collaborators, accompanied by a summary of each individual's information including surname, middle name, and given name; date of birth; place of birth; identity card or citizen identification card or passport; place of residence; documents proving language proficiency or declarations of fluency in uncommon languages.

3. Upon receiving the proposal from the Justice Office, within five working days, the Department of Justice shall review the proposed list of approved translation collaborators. If the proposed individuals meet the criteria and conditions stipulated in Article 27 of Decree No. 23/2015/NĐ-CP, the Department of Justice shall issue a decision approving the list of translation collaborators; if any individual does not meet the criteria and conditions, the Department of Justice shall reject the approval and notify the Justice Office in writing.

4. Annually, the Justice Office is responsible for reviewing the list of translation collaborators. If a collaborator no longer meets the conditions and criteria or has not worked as a translation collaborator at that Justice Office for twelve months or more without a valid reason, the Justice Office shall submit a document requesting the Department of Justice to issue a decision to remove that person from the list of translation collaborators.

Article 19. Re-registration of Sample Signature

When entering into a contract with the Justice Office, the translation collaborator must register the sample signature in accordance with Article 29 of Decree No. 23/2015/NĐ-CP. If they wish to change their signature, the collaborator must submit a request for re-registration of the sample signature and sign three (3) sample signatures on the Request for Registration of Sample Signature. The signing of three (3) sample signatures shall be conducted in the presence of the Head of the Justice Office.

Chapter V

CERTIFICATION OF CONTRACTS AND TRANSACTIONS

Article 20. Certification of Contracts and Transactions at the Single Window Reception and Result Delivery Unit

1. In cases where the person requesting certification submits the application directly at the Single Window Reception and Result Delivery Unit, all parties must sign in the presence of the document receptionist. If the party entering into the contract or transaction is a representative of a credit institution or enterprise that has registered a sample signature with the certification authority, such representative may sign beforehand on the contract or transaction. The receptionist is responsible for comparing the signature in the contract or transaction with the sample signature. If the signature in the contract or transaction differs from the sample signature, the receptionist shall require the party to sign in their presence. The receptionist shall bear responsibility for ensuring that all parties have signed in their presence.

2. The receptionist is responsible for checking the documents and files. If they find that the conditions stipulated in Clause 2 and Clause 3 of Article 36 of Decree No. 23/2015/NĐ-CP are met, they shall sign each page of the contract or transaction before the authorized person certifies the contract or transaction according to the regulations.

Article 21. Responsibilities of the Authority Implementing the Certification of Contracts and Transactions

1. The authority implementing certification is responsible for disseminating information so that the person requesting certification understands their responsibilities regarding the content of the contract or transaction and the legal consequences of the certification of the contract or transaction.

2. In cases where the authority implementing certification discovers that the property subject to the contract or transaction is illegal property or is currently in dispute, or is already or will be the object of another contract or transaction, the authority shall prepare a violation report, retain the file, and refer it to the competent authority for handling in accordance with the law.

Article 22. Interpreters and Witnesses in the Certification of Contracts and Transactions

1. In cases where the person requesting certification does not understand Vietnamese, an interpreter must be present. The interpreter must be a person with full civil capacity as provided by law, fluent in Vietnamese and the language used by the person requesting certification. The interpreter can be invited by the person requesting certification or designated by the certification authority. The interpreter's fee is paid by the person requesting certification.

2. The witness as stipulated in Clause 3 of Article 36 of Decree No. 23/2015/NĐ-CP shall be arranged by the person requesting certification. If the person requesting certification cannot arrange a witness, they may request the certification authority to designate a witness. The witness must present valid identification for verification by the certification authority and sign each page of the contract or transaction.

Article 23. Procedures for certifying the amendment, supplementation, cancellation of contracts and transactions

1. When requesting to amend, supplement, or cancel a contract or transaction as stipulated in Article 38 of Decree No. 23/2015/NĐ-CP, the person requesting certification must present valid personal identification documents for the certifier to check and submit one set of files including the following documents:

a) The contract or transaction that has been certified;

b) A draft of the amended, supplemented, or cancelled contract or transaction that has been certified.

2. In cases where the content of the amendment, supplementation, or cancellation of the contract or transaction involves property rights that require registration, the person requesting certification must submit a copy of the document proving ownership or usage rights or a substitute document prescribed by law and present the original for verification; except in cases where the testator is threatened with imminent death.

3. The procedures for certifying the amendment, supplementation, or cancellation of contracts and transactions shall be carried out in accordance with the provisions of Clauses 2, 3, 4, and Clause 5 of Article 36 of Decree No. 23/2015/NĐ-CP and Clauses 1 and 2 of this Article.

Chapter VI

IMPLEMENTING PROVISIONS

Article 24. Certification Authority at Island Districts

For island districts where there is no People's Committee of a commune, the Justice Office shall carry out certification in accordance with the provisions of Clause 1 of Article 5 and Clause 2 of Article 5 of Decree No. 23/2015/NĐ-CP.

Article 25. Effective Date

1. This Circular takes effect from April 20, 2020.

2. This Circular replaces Circular No. 20/2015/TT-BTP dated December 29, 2015, issued by the Minister of Justice detailing and guiding the implementation of certain provisions of Decree No. 23/2015/NĐ-CP dated February 16, 2015, of the Government on issuing copies from original registers, certifying copies from originals, certifying signatures, and certifying contracts and transactions.