Circular No. 20/2015/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 registers, certifying copies from originals, certifying signatures, and certifying contracts and transactions.

CIRCULAR

Detailed regulations and guidance on implementing certain provisions of Decree No. 23/2015/NĐ-CP

dated February 16, 2015 of the Government on issuing certified copies from original registers, certifying copies from originals, certifying signatures, and certifying contracts and transactions

Pursuant to the proposal of the Director of the Civil Status, Nationality, and Notarization Department,

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Pursuant to Decree No. 22/2013/NĐ-CP dated March 13, 2013, of the Government stipulating 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;

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 certified copies from original registers, certifying copies from originals, certifying signatures, and certifying contracts and transactions:

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

Article 1. Scope of Regulation

1. For certification matters received after 15:00 that the certification agency cannot resolve and deliver 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 certified 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 dossier must issue a notice specifying the time (hour, date) for delivering the result to the person requesting certification.

Article 2. Handling Requests for Certification

2. When receiving and processing certification requests, the person receiving the dossier and the person conducting 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. Use of Oath Form

1. In cases where multiple individuals jointly declare inheritance, or refuse to accept inheritance, the person conducting the certification shall use the oath form for certifying declarations of inheritance and declarations of refusal to accept inheritance issued together with Decree No. 23/2015/NĐ-CP.

2. This Circular also promulgates the oath form for certifying signatures at the single-window service desk as stipulated in Clause 3, Article 24 of Decree No. 23/2015/NĐ-CP.

Article 4. Certification Number for Copies from Originals

The certification number as prescribed in Clause 3, Article 20 of Decree No. 23/2015/NĐ-CP is assigned based on each type of document being certified, not based on the sequence of individuals requesting certification. Example: Mr. A comes to the People's Committee of Commune H to request certification of three types of documents: two copies of his identity card, three copies of his wife's identity card, and one copy of his household registration book. When numbering, the two copies of Mr. A's identity card will be assigned one number; the three copies of his wife's identity card will be assigned one number; and the one copy of the household registration book will be assigned one number.

1. When archiving documents and texts that have been certified for signature certification and translation signature certification as stipulated in Clause 2, Article 14 of Decree No. 23/2015/NĐ-CP, the agency or organization conducting the certification shall be responsible for archiving one (1) copy of the document or text that has been certified, or one (1) copy of its photograph.

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

2. The document specified in Clause 1 of this Article shall be photographed from the certified document or text by the agency or organization conducting the certification. If the agency or organization does not have means to photograph, the archival document shall be provided by the person requesting certification.

Personal identification documents issued by competent authorities of foreign countries such as passports, identity cards, or other documents like residence permits, driver's licenses, diplomas, certificates, and transcripts accompanying diplomas and certificates do not require legalization when certifying copies from originals. If certification of the translator's signature on translations of these documents is requested, it also does not require legalization.

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

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

Article 7. Certified copies from original documents

Certified copies from original documents must include all pages containing information from the original document. For example, when requesting certification of a copy from the original household registration book, it is necessary to photograph all the cover page and pages containing information related to members listed in the household registration book.

Article 8. Certification of signatures on foreign language documents

When certifying signatures on foreign language documents, if the person conducting the certification does not fully understand the content of the document, they have the right to request the person seeking certification to submit a Vietnamese translation of the content of the document. The translation of the document does not need to be notarized or certified for the translator's signature; the person seeking certification is responsible for the content of the translation.

Article 9. Translation standards, conditions, and common languages

1. According to Clause 2 of Article 27 of Decree No. 23/2015/NĐ-CP, translators must hold a bachelor’s degree in foreign languages or higher in the language required for translation, or a bachelor’s degree or higher in another field taught in the required foreign language. For example, Mr. Nguyen Van A graduated with a master's degree in international law from China, where the program was conducted in Chinese, then Mr. A meets the criteria to translate Chinese; Mr. Nguyen Van B graduated with a bachelor’s degree in economics from Japan but the program was conducted in English, then Mr. B only meets the criteria to translate English (not Japanese).

2. Common languages refer to languages that are widely represented in many documents and texts used in Vietnam and can be translated into Vietnamese by many Vietnamese people or vice versa. Examples include English, French, German, Russian, Chinese, Japanese, Korean, Spanish. Uncommon languages are those that are rarely represented in documents and texts used in Vietnam and are infrequently translated into Vietnamese or vice versa. Examples include Arabic, Indian, Mongolian...

Article 10. Certification of signatures of translators who are not judicial office translation collaborators

1. For translators of uncommon languages who do not hold a bachelor’s degree in foreign languages or a bachelor’s degree as stipulated in Clause 2 of Article 27 of Decree No. 23/2015/NĐ-CP, when requesting certification of their signature, the translator must submit a commitment to proficiency in the uncommon language and take responsibility for the content of the translation.

2. The Judicial Office will certify the signature of a translator who is not a collaborator of the Judicial Office only when the translator translates documents for personal purposes. In cases where the translator translates documents for others, including family members, friends, colleagues, or for remuneration agreed upon with individuals or organizations, such translations must be performed by a translator who is a collaborator of the Judicial Office.

Article 11. 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 may submit alternative documents (if available) and a commitment to proficiency in the uncommon language.

2. The Judicial Office compiles a list of proposed collaborators for translation, including a photocopy of each individual's identification document such as ID card, Citizen Identity Card, or Passport, along with information about: full name; date of birth; place of birth; type of identification document; place of residence; proof of language proficiency or a commitment to proficiency in uncommon languages.

3. After receiving the proposal from the Judicial Office, within five working days, the Department of Justice will review the list of translation collaborators submitted by the Judicial Office. If the proposed individuals meet the criteria and conditions stipulated in Article 27 of Decree No. 23/2015/NĐ-CP, the Department of Justice will issue a document approving the list of translation collaborators of the Judicial Office; if any individual does not meet the criteria and conditions, the Department of Justice will issue a document rejecting the proposal and stating the reasons.

Article 12. Interpreters and witnesses in authentication

1. In cases where the person requesting authentication 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 authentication. The interpreter may be invited by the person requesting authentication or designated by the agency conducting the authentication. The remuneration for the interpreter shall be paid by the person requesting authentication.

2. The witness as prescribed in Clause 3, Article 36 of Decree No. 23/2015/NĐ-CP shall be arranged by the person requesting authentication. If the person requesting authentication cannot arrange a witness, they shall request the agency conducting the authentication to designate a witness. The witness must present valid identification for the person conducting the authentication to check and sign each page of the contract.

Article 13. Procedures for authentication of amendments, supplements, cancellations of contracts and transactions

1. When requesting amendments, supplements, or cancellations of contracts and transactions as stipulated in Article 38 of Decree No. 23/2015/NĐ-CP, the person requesting authentication must present valid identification for the person conducting the authentication to check and submit one set of documents including the following papers:

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 amendments or supplements relates to property, the person requesting authentication must submit a copy along with the original for comparison of the certificate of ownership or right to use, or a copy of the substitute document as prescribed by law for property that must be registered for ownership or use rights, except in cases where the testator is threatened with imminent death.

3. The procedures for authentication of amendments, supplements, and cancellations of contracts and transactions shall be carried out according to the provisions of Clauses 2, 3, 4, and 5, Article 36 of Decree No. 23/2015/NĐ-CP.

Article 14. Authority for authentication in island districts

For island districts without commune-level administrative units, the Legal Affairs Office shall conduct authentication in accordance with Clause 1, Article 5 and Clause 2, Article 5 of Decree No. 23/2015/NĐ-CP.

Article 15. Effective Date

1. This Circular takes effect from February 15, 2016.

2. This Circular replaces Circular No. 03/2008/TT-BTP dated August 25, 2008 of the Ministry of Justice guiding the implementation of certain articles of Decree No. 79/2007/NĐ-CP dated May 18, 2007 of the Government on issuing copies from original books, authenticating copies from originals, and authenticating signatures; Circular No. 03/2001/TP-CC dated March 14, 2001 of the Ministry of Justice guiding the implementation of Decree No. 75/2000/NĐ-CP dated December 8, 2000 of the Government on notarization and authentication; Article 2 of Circular No. 19/2011/TT-BTP dated October 31, 2011 amending and supplementing some provisions on administrative procedures of Circulars No. 05/2008/TT-BTP dated September 23, 2008, No. 03/2008/TT-BTP dated August 25, 2008, and No. 01/2010/TT-BTP dated February 9, 2010 of the Ministry of Justice.