Decree No. 23/2015/NĐ-CP On Issuing Copies from Original Registers, Authenticating Copies from Originals, Authenticating Signatures, and Authenticating Contracts and Transactions

 DECREE

On Issuing Certified Copies from Original Registers, Authenticating Certified Copies from Original Documents, Authenticating Signatures, and Authenticating Contracts and Transactions

____________________

On the basis of Law on Government Organization dated December 25, 2001;

At the proposal of the Minister of Justice,

The Government issues the Decree on issuing certified copies from original registers, authenticating certified copies from original documents, authenticating signatures, and authenticating contracts and transactions

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the authority, procedures for issuing certified copies from original registers; authenticating certified copies from original documents; authenticating signatures; authenticating contracts and transactions; the legal validity of certified copies issued from original registers, certified copies authenticated from original documents, authenticated signatures, and contracts and transactions authenticated; state management over authentication.

Article 2. Interpretation of Terms

In this Decree, the following terms shall be understood as follows:

1. "Issuing certified copies from original registers" means the act of an agency or organization managing the original register, based on the original register to issue certified copies. Certified copies from original registers contain complete and accurate content as recorded in the original register.

5. "Original document" refers to documents and papers initially issued, reissued, or reissued upon registration by an agency or organization with the authority; documents and papers self-prepared by individuals with confirmation and stamp of an agency or organization with the authority.

6. "Certified copy" is a photocopy or typed copy from the original document containing complete and accurate content as recorded in the original register.

7. "Original register" is a register established by an agency or organization with the authority when implementing the issuance of original documents according to the law, containing complete and accurate content as the original document that such agency or organization has issued.

8. "Authentication document" refers to documents, papers, contracts, and transactions that have been authenticated according to the provisions of this Decree.

Article 3. Legal validity of certified copies issued from original registers, certified copies authenticated from original documents, authenticated signatures, and contracts and transactions authenticated

1. Certified copies issued from original registers have the value to be used in lieu of the original document in transactions, except where otherwise provided by law.

2. Certified copies authenticated from original documents according to this Decree have the value to be used in lieu of the original document used for comparison and authentication in transactions, except where otherwise provided by law.

3. Signatures authenticated according to this Decree have the value to prove that the person requesting authentication signed the signature, serving as a basis to determine the responsibility of the signer regarding the content of the document.

4. Contracts and transactions authenticated according to this Decree have the evidentiary value to prove the time and place at which the parties concluded the contract or transaction; civil capacity, voluntary will, signatures or seals of the parties involved in the contract or transaction.

Article 4. Authority and responsibility for issuing certified copies from original registers

1. The agency or organization currently managing the original register has the authority and responsibility to issue certified copies from the original register as prescribed in this Decree, except where otherwise provided by law.

2. Issuing certified copies from the original register shall be carried out simultaneously with the issuance of the original or after the issuance of the original.

1. The Department of Justice of districts, towns, cities under provinces (hereinafter referred to collectively as the Department of Justice) has the authority and responsibility:

a) To certify certified copies from originals of documents issued or certified by authorized agencies or organizations in Vietnam; authorized agencies or organizations abroad; Vietnamese authorized agencies or organizations jointly with authorized agencies or organizations abroad;

c) To certify the signatures of translators in documents translated from foreign languages into Vietnamese, or from Vietnamese into foreign languages;

d) To certify transactions related to movable assets;

d) To certify contracts and transactions related to movable property;

đ) To certify agreements on the division of inheritance and declarations of acceptance of inheritance where the inheritance consists of movable property;

The Head and Deputy Head of the Department of Justice shall implement certification of matters stipulated in this Clause, sign the certification and affix the seal of the Department of Justice.

2. People's Committees of communes, wards, towns (hereinafter referred to collectively as Commune-level People's Committees) have the authority and responsibility:

b) To certify signatures on documents, except for the certification of translators' signatures;

c) To certify contracts and transactions related to movable property;

d) To certify contracts and transactions related to the exercise of land users' rights as prescribed by the Land Law;

đ) To certify contracts and transactions concerning housing as prescribed by the Housing Law;

e) To certify wills;

g) To certify declarations of renunciation of inheritance;

h) To certify agreements on the division of inheritance and declarations of acceptance of inheritance where the inheritance consists of assets specified in Points c, d, and đ of this Clause;

The Chairperson and Vice-Chairpersons of Commune-level People's Committees shall sign the certification and affix the seal of the Commune-level People's Committee.

3. Diplomatic missions, consular posts, and other agencies authorized to perform consular functions of Vietnam abroad (hereinafter referred to collectively as Diplomatic Missions) have the authority and responsibility to certify matters stipulated in Points a, b, and c of Clause 1 of this Article. Diplomatic officials and consular officials shall sign the certification and affix the seal of the Diplomatic Mission.

4. Notaries have the authority and responsibility to certify matters stipulated in Point a of Clause 1 and Point b of Clause 2 of this Article, sign the certification and affix the seal of the Notary Office or Notary Public Office (hereinafter referred to collectively as Notary Practice Organizations).

5. Certification of certified copies from originals, certification of signatures, certification of contracts and transactions related to movable property, and certification of wills as prescribed in this Article does not depend on the place of residence of the person requesting certification.

6. Certification of contracts and transactions related to land users' rights shall be conducted at the Commune-level People's Committee where the land is located. Certification of contracts and transactions related to housing shall be conducted at the Commune-level People's Committee where the house is located.

1. In cases where laws require submission of copies, agencies and organizations shall be responsible for receiving such copies without requesting certified copies but have the right to request presentation of original documents for comparison. The person conducting the comparison shall be responsible for confirming the accuracy of the copy compared to the original.

2. Agencies and organizations receiving copies issued from original books or certified copies shall not request presentation of the original, except in cases where there is evidence of forged or illegal copies, in which case they may request presentation of the original for comparison or conduct verification if deemed necessary.

Article 7. Time limit for implementing certification requests

The time limit for implementing certification requests must be guaranteed on the same day the agency or organization receives the request or on the next working day if the request is received after 15:00 hours, except in cases stipulated in Articles 21, 33, and 37 of this Decree.

Article 8. Rights and obligations of the person requesting certification

1. The person requesting certification has the right to request certification at any competent agency or organization that is most convenient, except in cases stipulated in Clause 6, Article 5 of this Decree. If certification is refused, they have the right to request the refusing agency or organization to provide a written explanation of the reasons or to lodge a complaint according to the law.

2. The person requesting certification shall be responsible for the content and legality of the documents and texts they request certification for or present during the certification procedure as stipulated in this Decree.

Article 9. Obligations and rights of the person performing certification

1. Ensuring honesty, accuracy, and objectivity when performing certification.

2. Being accountable under the law for their certification activities.

3. Not certifying contracts, transactions, or signatures related to assets or interests of themselves or close relatives including spouse, parents, adoptive parents, parents-in-law, adoptive parents-in-law, children, adopted children, daughters-in-law, sons-in-law, grandparents, siblings, siblings-in-law, grandchildren of children or adopted children.

4. Refusing certification in cases stipulated in Articles 22, 25, and 32 of this Decree.

5. Requesting relevant agencies, organizations, or individuals to provide necessary information to verify the legality of the documents and texts requested for certification.

6. Preparing a temporary detention record and transferring the documents and texts requested for certification that were issued beyond authority, forged, or contain content stipulated in Clause 4, Article 22 of this Decree to the competent state agency for handling according to the law.

7. Guiding the person requesting certification to supplement the certification dossier if the certification dossier is incomplete, or guiding them to submit the dossier to the competent agency for certification if submitted to the wrong agency.

In cases of refusal to certify, the person performing certification must provide a clear written explanation of the reasons to the person requesting certification.

Article 10. Location of Certification

1. Certification shall be conducted at the office of the competent agency or organization, except in cases of certification of wills, contracts, transactions, or signatures where the person requesting certification is elderly, unable to travel, under temporary detention, serving a prison sentence, or has a valid reason.

2. When conducting certification, the location of certification must be clearly recorded; in cases of certification outside the office, the time (hours, minutes) of certification must also be clearly recorded.

3. Agencies and organizations conducting certification must arrange personnel to receive certification requests on working days of the week; they must publicly post their working schedule, authority, procedures, processing time, and certification fees and costs at their office.

Article 11. Language and writing used in authentication contracts and transactions

The language and writing used in the authentication of contracts and transactions shall be Vietnamese. In cases where the person requesting authentication does not understand Vietnamese, an interpreter must be present.

Article 12. Affidavit

1. The affidavit is a mandatory component of the Authentication Document.

a) Statement certifying a copy from the original;

b) The affidavit for authentication of signatures includes: The affidavit for authentication of the signature of one person on a document or text; The affidavit for authentication of the signatures of multiple persons on a document or text; The affidavit for authentication of fingerprints; The affidavit for authentication in cases where it is impossible to sign or fingerprint.

c) Statement certifying the signature of the translator;

d) The affidavit for authentication of contracts and transactions includes: The affidavit for authentication of contracts and transactions; The affidavit for authentication of the agreement dividing inheritance; The affidavit for authentication of the declaration of acceptance of inheritance; The affidavit for authentication of a will; The affidavit for authentication of the refusal to accept inheritance.

Article 13. Authentication Register and Authentication Number

1. The Authentication Register is used to monitor and manage authenticated matters at the agency or organization conducting authentication. The Authentication Register must be written continuously page by page without skipping pages, must be stamped across from the first page to the last page of the register, and must be carried out annually. At the end of the year, the register must be closed and the total number of authenticated matters completed during the year must be counted; the person who conducts the authentication must confirm, sign, write their full name, and stamp.

2. The Authentication Number is the serial number recorded in the Authentication Register, accompanied by the volume number, the year of authentication, and the type of authenticated matter. The serial number in the Authentication Register must be recorded continuously from number 01 until the end of the year; if another register is used before the end of the year, the next serial number from the previous register must be taken, not starting from number 01. For registers used for the following year, the first authentication of the new year will start from number 01, not continuing from the last serial number of the previous year.

The number recorded in the Authentication Document corresponds to the Authentication Number recorded in the Authentication Register.

3. In cases where the agency or organization conducting authentication has applied information technology to authentication, they must ensure that the content fully follows the model Authentication Register issued together with this Decree. Monthly, the agency or organization conducting authentication must print and bind into a register, stamp across; by December 31 each year, they must combine into one Authentication Register according to the types of authenticated matters completed within one year. The establishment of the register, recording of Authentication Numbers, and closing the register must be carried out according to the provisions of Clause 1 and Clause 2 of this Article.

a) Certification book for copies from the original (CBT/BS);

b) Signature Authentication Register, Fingerprint Authentication Register (SCT/CK, ĐC);

c) Certification book for the translator's signature (CBT/CKND);

d) Contract and Transaction Authentication Register (SCT/HĐ, GD).

Article 14. Storage System

1. The Authentication Register is a state archival document, to be preserved and stored permanently at the headquarters of the agency or organization conducting authentication.

2. For signature authentication and authentication of the signature of the interpreter, the agency or organization conducting authentication must retain one copy of the authenticated document or text; the retention period is two years. In cases of authenticating the signature of the person conducting the forensic examination in the forensic conclusion text or authenticating a copy from the original, there is no need for storage.

3. For contract and transaction authentication, the agency conducting authentication must retain one original contract or transaction along with the file; the retention period is twenty years.

4. The agency or organization conducting authentication may not collect authentication fees or other costs for the authenticated documents specified in Clause 2 and Clause 3 of this Article; they have the responsibility to preserve and store the Authentication Register and authenticated documents.

5. The destruction of authenticated documents when the retention period expires must be carried out in accordance with the regulations on archival storage.

Article 15. Fees authentication, other costs

1. The person requesting authentication at the Justice Office, People's Committee of communes, or Representative Office must pay the authentication fee as prescribed by law.

2. The level of collection, payment, management, and use of the authentication fee is implemented according to the provisions of the law.

3. In cases where the person requesting authentication requests the agency conducting authentication to print, photograph, or type documents or texts, they must pay the cost for that service.

Within the country, the maximum level of cost is determined by the Provincial People's Committee (hereinafter referred to as the Provincial People's Committee) based on the actual conditions of the locality; abroad, the cost level is determined by the Head of the Representative Office based on the actual conditions of the area.

Chapter II
ISSUING COPIES FROM THE ORIGINAL REGISTER, AUTHENTICATING COPIES FROM THE ORIGINAL,

AUTHENTICATION OF SIGNATURES

Section 1

ISSUING COPIES FROM THE ORIGINAL REGISTER

Article 16. Individuals and organizations have the right to request copies from original records.

1. Individuals and organizations shall be issued with originals.

2. Legal representatives and authorized representatives of individuals and organizations shall be issued with originals.

3. Parents, children; spouses; full-blooded siblings; other heirs of the person who is issued with the original in case that person has died.

In cases where the individual or organization requesting a copy from the original record is as specified in Clause 2 and Clause 3 of Article 16 of this Decree, they must present documents proving their relationship with the person who is issued with the original.

2. Agencies and organizations shall issue copies based on the original records for those requesting them; the content of the copy must be recorded according to the content already recorded in the original record. In cases where the original record cannot be stored or does not contain information about the requested content, the agency or organization shall be responsible for replying in writing to the requester.

3. In cases where the individual or organization requesting a copy from the original record sends the request through postal service, they must send along with it a certified copy of the documents stipulated in Clause 1 of this Article, one (1) envelope with stamps affixed and clearly marked with the name and address of the recipient for the agency or organization issuing the copy.

4. The time limit for issuing copies from original records shall be implemented according to the provisions of Article 7 of this Decree. In cases where the request for a copy from the original record is sent through postal service, the time limit shall be implemented immediately after the agency or organization receives the complete and valid file according to the postmark.

Section 2

CERTIFICATION OF COPIES FROM ORIGINALS

Article 18. Documents and papers serving as the basis for certification of copies from originals

1. Originals of documents and papers issued by agencies and organizations with authority.

2. Originals of documents and papers self-prepared by individuals with confirmation and stamp of agencies and organizations with authority.

1. The individual requesting certification of a copy shall be responsible for the content, legality, and validity of the original document or paper used as the basis for certification of the copy; they may not request certification of a copy from an original document or paper as prescribed in Article 22 of this Decree.

2. The person performing the certification shall be responsible for the accuracy of the copy corresponding to the original.

Article 20. Procedures for certification of copies from originals

1. The individual requesting certification must present the original document or paper serving as the basis for certification of the copy and the copy requiring certification.

In cases where the original document or paper is issued, notarized, or certified by an authority of a foreign country, it must be legalized consular according to the law before requesting certification of the copy; except in cases exempted from consular legalization according to international treaties to which Vietnam is a party or according to the principle of reciprocity.

2. In cases where the individual requesting certification only presents the original, the agency or organization will proceed to photograph from the original to perform the certification, except in cases where the agency or organization does not have means to photograph.

3. The person performing the certification shall check the original, compare it with the copy, if the content of the copy corresponds to the original and the original document or paper does not fall under the cases prescribed in Article 22 of this Decree, then the certification shall be carried out as follows:

a) Fully record the certification statement of the copy from the original according to the prescribed model;

b) Sign, write clearly the full name, affix the stamp of the agency or organization performing the authentication, and record in the authentication book.

For copies consisting of two (2) pages or more, the certification statement shall be recorded on the last page, if the copy consists of two (2) sheets or more, the overlapping seal must be affixed.

Each copy certified from one original document or paper or multiple copies certified from one original document or paper at the same time shall be assigned one certification number.

Article 21. Extension of Time for Authentication of Copies from Originals

In cases where multiple types of original documents are requested to be authenticated at the same time; the original has multiple pages; a large number of copies are requested; the content of the documents is complex and difficult to verify and compare, and the agency or organization conducting the authentication cannot meet the deadline specified in Article 7 of this Decree, the authentication period may be extended by no more than two working days or longer as agreed in writing with the person requesting authentication.

Article 22. Original Documents Not Suitable for Use as Basis for Authenticating Copies

1. The original has been erased, altered, added to, or subtracted from without valid authorization.

2. The original is damaged, worn out, or the content cannot be determined.

3. The original bears a confidentiality stamp of an authorized agency or organization, or does not bear a confidentiality stamp but clearly states that it cannot be copied.

4. The original contains content contrary to the law, social morals; propaganda or incitement of war, opposition to the socialist regime of Vietnam; distortion of the history of the Vietnamese nation; defamation of the honor, dignity, and reputation of individuals or organizations; violation of citizens' rights.

5. The original is issued, certified, or attested by an authorized agency or organization of a foreign country without legalization according to Clause 1, Article 20 of this Decree.

6. Documents or texts self-prepared by individuals without confirmation and stamp of an authorized agency or organization.

Section 3

AUTHENTICATION OF SIGNATURES

Article 23. Responsibilities of the Person Requesting Signature Authentication and the Person Conducting Signature Authentication

1. The person requesting signature authentication shall be responsible for the content of the documents they sign to request signature authentication; they shall not request signature authentication on documents containing content stipulated in Clause 4, Article 22 and Clause 4, Article 25 of this Decree.

2. The person conducting authentication shall be responsible for the authenticity of the signature of the person requesting authentication in the documents.

Article 24. Procedures for Signature Authentication

a) Original or certified copy of Identity Card or Passport still valid;

b) Documents or texts they will sign.

2. The person conducting authentication checks the documents for authentication, if they find that the required documents are complete as stipulated in Clause 1 of this Article, and at the time of authentication, the person requesting authentication is clear-minded, aware, and in control of their actions, and the authentication does not fall under the cases stipulated in Article 25 of this Decree, then they request the person requesting authentication to sign in front of them and conduct authentication as follows:

a) Record the full statement of authentication of the signature according to the prescribed model;

b) Sign, write clearly the full name, affix the stamp of the agency or organization performing the authentication, and record in the authentication book.

For documents or texts with two pages or more, record the statement on the last page, if the document or text has two sheets or more, a seam seal must be affixed.

3. In cases of signature authentication at the single-window service counter, the civil servant receiving the dossier checks the documents, if they determine that the person requesting authentication meets the conditions stipulated in Clause 2 of this Article, they request the person requesting authentication to sign the document requiring authentication and transfer it to the authorized person for authentication signature.

4. The procedures for signature authentication stipulated in Clauses 1, 2, and 3 of this Article also apply to the following cases:

a) Authentication of signatures of multiple people in the same document or text;

b) Authentication of signatures in personal declaration forms;

c) Authentication of signatures in documents or texts self-prepared by individuals according to the law;

d) Authentication of signatures in Power of Attorney for cases of non-compensatory power of attorney without remuneration, without liability of the party being authorized, and unrelated to the transfer of property ownership or real estate usufruct rights.

Article 25. Cases where signature authentication is not granted

1. At the time of authentication, the person requesting signature authentication does not have full awareness and control over their actions.

3. The documents or texts that the person requesting authentication has signed contain contents as stipulated in Clause 4, Article 22 of this Decree.

4. The documents or texts contain contracts or transactions, except for cases specified in Point d, Clause 4, Article 24 of this Decree or where other laws provide otherwise.

Article 26. Application in special cases

The provisions on signature authentication set forth in Articles 23, 24, and the cases where signature authentication is not granted in Article 25 of this Decree also apply to the authentication of fingerprints when the person requesting signature authentication cannot sign and in cases where the person requesting authentication cannot sign or affix fingerprints.

Depending on each case, the content of the testimonial shall be recorded according to the model prescribed in this Decree.

Section 4

TRANSLATOR, SIGNATURE AUTHENTICATION OF THE TRANSLATOR

Article 27. Standards and Conditions for Translators

1. Having full capacity for civil acts as provided by law.

2. Holding a bachelor’s degree or higher in foreign languages required for translation or having a university degree or higher in the foreign language needed for translation.

For less common languages where the translator does not hold a bachelor’s degree or university degree as prescribed in this Clause, they must be proficient in the language required for translation.

1. Persons meeting the standards and conditions as prescribed in Article 27 of this Decree may serve as translation collaborators for the Justice Office nationwide. The Justice Office is responsible for checking the standards and conditions of translation collaborators and compiling a list of such collaborators, which is reported to the Department of Justice for approval.

2. Based on the approved list of translation collaborators, the Justice Office publicly posts the list at its office premises to facilitate the convenience of persons requesting authentication in contacting translators.

3. Translation collaborators of the Justice Office must sign a collaboration agreement with the Justice Office, clearly defining the responsibilities of the translator regarding the content and quality of the translation.

Translation collaborators of the Justice Office must register a sample signature with the Justice Office. When registering the sample signature, the translator must submit a request for registration of the sample signature and directly sign three (3) sample signatures before the Head of the Justice Office on the request for registration of the sample signature.

Article 30. Responsibilities of the Translator and the Person Implementing Signature Authentication for the Translator

1. The translator must be responsible to the client and the authentication authority for the accuracy of the content of the translation; they are not allowed to translate documents or texts as stipulated in Article 32 of this Decree to request authentication of the translator's signature.

2. The person implementing authentication is responsible for the authenticity of the translator's signature in the translation.

1. A translator who is a collaborator of the Justice Office requesting signature authentication must present the translation and the documents or texts to be translated.

When conducting authentication, the person implementing authentication must compare the translator's signature on the translation with the registered sample signature before proceeding with authentication; if there is doubt about the signature on the translation compared to the sample signature, the translator must sign in front of the person implementing authentication.

a) Original or certified copy of the People's Identity Card or Passport still in valid use;

b) Original or certified copy from the original record, or a certified copy of one of the documents prescribed in Clause 2, Article 27 of this Decree; except in cases where the individual translates less common languages without holding a bachelor’s degree or university degree but is proficient in the language needed for translation.

c) The translation attached to the documents or texts to be translated.

The person requesting authentication must sign in front of the person implementing authentication, except in cases prescribed in Clause 3, Article 24 of this Decree.

3. The person implementing authentication checks the documents requested for authentication, depending on each case, if they find that the documents meet the requirements stipulated in Clause 1 or Clause 2 of this Article and the translated documents or texts do not fall under the cases prescribed in Article 32 of this Decree, then authentication shall be carried out as follows:

a) Record the full statement of authentication of the translator's signature according to the prescribed model;

b) Sign, write clearly the full name, affix the stamp of the agency or organization performing the authentication, and record in the authentication book.

For translations of documents or texts containing two (2) pages or more, the testimonial shall be recorded on the last page; if the documents or texts contain two (2) sheets or more, they must be stamped with a cross-stamp.

4. In cases where the translator is a diplomatic officer or consular officer simultaneously serving as the person implementing authentication at representative offices, the diplomatic or consular officer must affirm the accuracy of the content of the translated documents or texts; sign, write their full name, and stamp the seal of the representative office.

Article 32. Documents that shall not be translated for authentication of the translator's signature

1. Documents that have been erased, altered; added or deleted content that is not valid.

2. Documents that are damaged, old and torn to the extent that their content cannot be determined.

3. Documents bearing a confidentiality stamp from authorized agencies or organizations or not bearing such a stamp but clearly marked as not to be translated.

4. Documents containing content as specified in Clause 4, Article 22 of this Decree.

5. Documents issued, certified, or authenticated by foreign competent authorities without being legalized according to the provisions of Clause 1, Article 20 of this Decree.

Article 33. Time limit for authentication of the translator's signature

The time limit for authentication of the translator's signature shall be carried out in accordance with the provisions of Article 7 of this Decree or may be extended upon written agreement with the person requesting authentication.

Chapter III
AUTHENTICATION OF CONTRACTS AND TRANSACTIONS

Article 34. Scope of Authentication contracts and transactions

1. Contracts and transactions which the law requires to be authenticated.

2. Contracts and transactions which the law does not require to be authenticated but are voluntarily requested to be authenticated by individuals or organizations.

Article 35. Responsibilities of the Person Requesting Authentication and the Person Conducting Authentication contracts and transactions and the person conducting the authentication contracts and transactions

1. The person requesting authentication shall be fully responsible for the content, legality of the contract or transaction; the validity and legality of the documents specified in Point c, Clause 1, Article 36 of this Decree.

2. The person conducting authentication shall be responsible for the time and place of concluding the contract or transaction; the civil capacity, voluntary will, signatures or fingerprints of the parties involved in the contract or transaction.

The person conducting authentication has the right to refuse to authenticate contracts or transactions containing content contrary to the law or social morals.

Article 36. Procedures for Authentication contracts and transactions

a) Draft of the contract or transaction;

b) A copy of the Identity Card or Passport still in force of the person requesting authentication;

c) A copy of the certificate of ownership or right to use, or a copy of the substitute document prescribed by law for property that must be registered for ownership or right to use, in cases where the contract or transaction relates to such property; except in cases where the testator is threatened with death.

Copies of documents specified in Points b and c of this Clause must be presented along with the originals for verification.

2. The person conducting authentication shall check the documents in the application file for authentication. If the file is complete, at the time of authentication, the parties involved in the contract or transaction are willing, clear-minded, and in control of their actions, then the authentication shall be conducted.

3. The parties involved in the contract or transaction must sign in the presence of the person conducting authentication. In cases where the authorized representative of credit institutions or enterprises who have registered their signature samples at the authentication agency signs the contract beforehand, the person conducting authentication must compare the signature in the contract with the sample before conducting authentication. If there is doubt about the signature in the contract differing from the sample, they must sign in the presence of the person conducting authentication.

If the person requesting authentication is unable to sign, they must affix their fingerprint; if they cannot read, hear, sign, or affix their fingerprint, two witnesses must be present. Witnesses must have full civil capacity and no rights, interests, or obligations related to the contract or transaction.

4. The person conducting authentication shall record the corresponding statements for each type of contract or transaction according to the prescribed model; sign, write their full name, stamp of the authentication agency, and record in the authentication book. For contracts or transactions consisting of two pages or more, each page must be numbered sequentially, signed by the person requesting authentication and the person conducting authentication; the number of pages and the statement shall be recorded on the last page of the contract or transaction. In cases where the contract or transaction consists of two sheets or more, they must be stamped across the join.

5. In cases requiring translation, the translator shall be responsible for accurately translating the content of the contract or transaction and the statement for the person requesting authentication and signing each page of the contract as a translator.

Article 37. Time limit for authentication contracts and transactions

The time limit for authenticating contracts and transactions shall not exceed two working days from the date when all required documents are received or may be extended by written agreement with the party requesting authentication.

Article 38. Authentication of amendments, supplements, cancellations contracts and transactions

1. Amendments, supplements, or cancellations of authenticated contracts or transactions can only be carried out upon written agreement of the parties involved in the contract or transaction.

2. Amendments, supplements, replacements, or cancellations of authenticated contracts or transactions must be conducted at the agency that originally authenticated the contract or transaction. In cases where amendments, supplements, replacements, or cancellations of a part or the entire will are involved, they may be authenticated at any authorized agency; the agency conducting such actions must notify in writing the previously authenticating agency about the contents of the amendments, supplements, replacements, or cancellations to record in the contract and transaction authentication register.

Article 39. Correction of errors in contracts and transactions authenticated documents

1. Corrections of errors made during the recording, typing, or printing of authenticated contracts or transactions shall be carried out according to the written agreement of the parties involved in the contract or transaction, provided that such corrections do not affect the rights and obligations of the parties and are conducted at the agency that originally authenticated the contract or transaction.

2. The person responsible for authentication shall draw a line through the error to be corrected, stamp the correction with the seal of the authentication agency, and record on the margin of the contract or transaction the content of the correction, the name and signature of the person making the correction, and the date of the correction.

Article 40. Issuance of certified copies from original documents contracts and transactions authenticated documents

1. The agency storing contracts or transactions shall issue certified copies from the original authenticated contracts or transactions upon request of the parties involved in the contract or transaction or persons with rights or obligations related to the contract or transaction.

3. The authentication of certified copies from original contracts or transactions as stipulated in Clause 1 and Clause 2 of this Article shall be carried out in accordance with Clause 2 and Clause 3 of Article 20 of this Decree.

Chapter IV
STATE MANAGEMENT OF AUTHENTICATION

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

The Ministry of Justice assists the Government in uniformly managing state affairs concerning authentication nationwide, with the following tasks and powers:

1. Drafting and submitting to competent state agencies for promulgation or promulgating within its authority normative legal documents on authentication;

2. Providing general guidance and direction on the implementation of normative legal documents on authentication;

3. Inspecting and auditing authentication activities; resolving complaints and denunciations and handling administrative violations related to authentication within its authority;

4. Applying information technology in carrying out authentication and managing state affairs on authentication;

5. International cooperation on authentication;

6. Annually compiling the situation and statistics on authentication matters to report to the Government.

Article 42. Responsibilities of the Ministry of Foreign Affairs in State Management of Authentication

1. The Ministry of Foreign Affairs shall coordinate with the Ministry of Justice to implement state management of authentication for Diplomatic Missions, with the following tasks and powers:

a) Directing, guiding, inspecting, and auditing authentication work at Diplomatic Missions;

b) Organizing training for diplomatic officials and consular officers engaged in authentication work at Diplomatic Missions;

c) Annually compiling the situation and statistics on authentication from Diplomatic Missions and sending them to the Ministry of Justice for consolidation;

d) Resolving complaints, denunciations, and handling administrative violations related to authentication within its authority.

2. Diplomatic Missions shall implement state management of authentication within their jurisdiction, with the following tasks and powers:

a) Implementing authentication matters within the authority of Diplomatic Missions as stipulated in this Decree;

b) Maintaining records of authentication books and authentication documents;

c) Resolving complaints, denunciations, and handling administrative violations related to authentication within its authority;

d) Annually compiling the situation and statistics on authentication and reporting to the Ministry of Foreign Affairs as prescribed.

Consular officers and diplomatic officers engaged in authentication work have the responsibility to assist Diplomatic Missions in performing the tasks specified in Points a, b, and d of Clause 2 of this Article.

1. Provincial People's Committees shall implement state management of authentication in their localities, with the following tasks and powers:

a) Organizing the implementation of legal normative documents on notarization at the local level;

b) Guiding and training staff and civil servants engaged in authentication work at Notary Departments, People's Committees of communes and towns, and notaries of organizations practicing notarization;

c) Organizing propaganda and dissemination of laws and regulations on authentication;

d) Applying information technology in implementing notarization and state management of notarization within the locality to meet requirements for providing and exchanging information;

đ) Inspecting and auditing authentication activities of Notary Departments, People's Committees of communes and towns, and organizations practicing notarization; taking measures to correct the abuse of requests for certified copies of documents when implementing administrative procedures in the locality;

e) Resolving complaints, denunciations, and handling administrative violations related to authentication within its authority;

g) Periodically every six months and annually, compiling the situation and statistics on authentication in the locality and reporting to the Ministry of Justice as prescribed.

Departments of Justice shall assist Provincial People's Committees in performing the tasks specified in Points a, b, c, d, đ, and g of this Clause.

2. People's Committees of districts, towns, and provincial cities (hereinafter referred to collectively as People's Committees of districts) shall implement state management of authentication in their localities, with the following tasks and powers:

a) Guiding and training staff and civil servants engaged in authentication work at People's Committees of communes in the locality;

b) Organizing propaganda and dissemination of laws and regulations on authentication;

c) Issuing certified copies from original contracts and transactions that have been authenticated;

d) Maintaining records of authentication books and authentication documents;

đ) Inspecting and auditing authentication activities of People's Committees of communes; taking measures to correct the abuse of requests for certified copies of documents when implementing administrative procedures in the locality;

e) Resolving complaints, denunciations, and handling administrative violations related to authentication within its authority;

g) Periodically every six months and annually, compiling the situation and statistics on authentication and reporting to Provincial People's Committees as prescribed.

Notary Departments shall assist People's Committees of districts in performing the tasks specified in Points a, b, c, d, đ, and g of this Clause and perform authentication matters within the authority of Notary Departments as prescribed in this Decree. The Heads and Deputy Heads of Notary Departments must notify their signature samples when signing authentication to Departments of Justice.

3. People's Committees of communes shall implement state management of authentication in their localities, with the following tasks and powers:

a) Implementing authentication matters within the authority of People's Committees of communes as stipulated in this Decree;

b) Propagating, disseminating, and mobilizing the people to comply with legal provisions on notarization;

c) Issuing certified copies from original contracts and transactions that have been authenticated;

d) Maintaining records of authentication books and authentication documents;

đ) Resolving complaints, denunciations, and handling administrative violations related to authentication within its authority;

e) Periodically every six months and annually, compiling the situation and statistics on authentication and reporting to People's Committees of districts as prescribed.

Judicial and Civil Status Officers shall assist People's Committees of communes in performing the tasks specified in Points a, b, c, d, and e of this Clause. Chairpersons and Vice-Chairpersons of People's Committees of communes must notify their signature samples when signing authentication to Departments of Justice.

Article 44. Handling of Violations

1. Administrative penalties against persons conducting authentication, persons requesting authentication, and translators shall be implemented according to the provisions of the law on handling administrative violations.

2. In cases where persons conducting authentication cause damage to individuals or organizations due to their own fault, they will be disciplined and required to compensate according to the provisions of the law.

3. In cases where translators cause damage to persons requesting translation due to their own fault, they must compensate according to the provisions of the law.

Article 45. Complaints, Reports and Resolution of Complaints and Reports

Matters concerning complaints, resolution of complaints, reports, and resolution of reports regarding violations of laws in notarization activities shall be carried out in accordance with the provisions of the law on complaints and reports.

Chapter V
IMPLEMENTING PROVISIONS

Article 46. Tasks of Notary Organizations

Notary organizations have the responsibility to store notarial registers, notarial documents; every six months and annually, they must compile the situation and statistics on notarizations and report them to the Department of Justice in accordance with regulations.

1. For district and commune areas that have transferred the notarization of contracts and transactions to notary organizations, where such contracts and transactions were previously notarized by the People's Committee at the district or commune level, the amendment, supplementation, cancellation, and correction of errors in recording, typing, or printing of contracts and transactions still take place at the People's Committee at the district or commune level where the previous notarization was conducted.

2. The People's Committee at the district level shall continue to perform notarization of contracts and transactions related to housing in urban areas according to Article 93 of the Housing Law 2005 until June 30, 2015.

Article 48. Effective Date

1. This Decree takes effect from April 10, 2015.

2. This Decree replaces Decree No. 79/2007/NĐ-CP dated May 18, 2007 of the Government on issuing certified copies from original books, certifying copies from originals, and certifying signatures; Decree No. 04/2012/NĐ-CP dated January 20, 2012 of the Government amending and supplementing Clause 5 of Decree No. 79/2007/NĐ-CP dated May 18, 2007 on issuing certified copies from original books, certifying copies from originals, and certifying signatures; Clause 4 of Decree No. 06/2012/NĐ-CP dated February 2, 2012 of the Government amending the decree on civil status, marriage, and family and certification; and the provisions on certification of contracts and transactions in Decree No. 75/2000/NĐ-CP dated December 8, 2000 of the Government on notarization and certification.

Article 49. Responsibility for Implementation

1. The Minister of Justice is responsible for guiding the implementation of this Decree.

2. The Minister of Finance and the Minister of Foreign Affairs within their respective duties and authorities shall be responsible for coordinating with the Minister of Justice to guide the implementation of this Decree.

3. Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial people's committees under the central government shall be responsible for implementing this Decree./.

 

Appendix

SAMPLE CERTIFICATIONS, SAMPLE NOTARIAL REGISTERS
(Annexed to Decree No. 23/2015/NĐ-CP dated February 16, 2015 of the Government)

I. CERTIFICATION

The sample certification is typed or engraved on the stamp model, including:

1. Certification of certified copy from original

Certifying a copy correct with the original

Certificate number ... volume number ... (1) - SCT/BS

On the …day of the month …of the year …..

The person performing the certification signs, writes clearly his/her full name and stamps (2)

2. Certification of signature verification

a) Certification of signature verification of one person in a document, text

On the …day of the month …of the year …..

(In script …)

At …(4), …hours …minutes. I (5) …, am (6) …

Certified

Mr./Mrs. …Identity card/Passport (3) number …, declares that he/she has understood, is personally responsible for the content of the document, text and has signed this document, text before me.

Certificate number …volume number …(1) - SCT/CK, CĐ

Date …Month …Year …

The person performing the certification signs, writes clearly his/her full name and stamps (2)

b) Certification of signature verification of multiple persons in a document, text

Date …Month …Year …

(In script …)

At …(4), …hours …minutes. I (5) …, am (6) …

Certified

The following gentlemen/ladies:

Mr./Mrs. …Identity card/Passport (3) number …,

Mr./Mrs. …Identity card/Passport (3) number …,

Mr./Mrs. …Identity card/Passport (3) number …,

……………………………………………………………………………

- All those named above declare that they have understood, are personally responsible for the content of the document, text and have jointly signed this document, text before me.

Certificate number …volume number …(1) - SCT/CK, DC

Date …Month …Year …

The person performing the certification signs, writes clearly his/her full name and stamps (2)

c) Certification of fingerprint verification

Date …Month …Year …

(In script …)

At …(4), …hours …minutes. I (5) …, am (6) …

Certified

- Mr./Mrs. …Identity card/Passport (3) number …, declares that he/she has understood, is personally responsible for the content of the document, text and has fingerprinted this document, text before me.

Certificate number …volume number …(1) - SCT/CK, DC

Date …Month …Year …

The person performing the certification signs, writes clearly his/her full name and stamps (2)

d) Certification of signature/fingerprint verification in case of inability to sign or fingerprint

Date …Month …Year …

(In script …)

At …(4), …hours …minutes. I (5) …, am (6) …

Certified

Mr./Mrs. …Identity card/Passport (3) number …, unable to sign or fingerprint but declares that he/she has understood, is personally responsible for the content of the document, text.

Certificate number …volume number …(1) - SCT/CK, DC

Date …Month …Year …

The person performing the certification signs, writes clearly his/her full name and stamps (2)

3. Certification of signature verification of the translator

- I …Identity card/Passport (3) number …,

declare that I have accurately translated the content of this document/text from language …to language …

Date …Month …Year …

The translator signs and states clearly his/her surname and given name

Date …Month …Year …

(In script …)

At …(4). I (5) …, am (6) …

Certified

Mr./Mrs. …is the person who signed this translation before me (10).

Certificate number …volume number …(1) - SCT/CKND

Date …Month …Year …

The person performing the certification signs, writes clearly his/her full name and stamps (2)

4. Certification of contract and transaction verification

a) Certification of contract and transaction verification

On the …day of the month …of the year …(In script …)

At …(4). I (5) …, am (6) …

Certified

- Contract …(7) concluded between:

Party A: Mr./Mrs. …

Identity card/Passport (3) number …

Party B: Mr./Mrs. …

Identity card/Passport (3) number …

- The parties involved in the contract and transaction declare that they are legally responsible for the content of the contract and transaction.

- At the time of certification, the parties involved in the contract and transaction are mentally sound, aware, and in control of their actions; voluntarily agree to conclude the contract and have signed/stamped (9) on this contract and transaction before me.

This contract is established in …original copies (each original copy includes …pages, …pages), issued to:

+ …original copies;

+ …original copies;

Stored at the Department of Justice /People's Committee of commune, ward, town (8) 01 (one) original copy.

Certificate number …volume number …(1) - SCT/HĐ,GD

Date …Month …Year …

The person performing the certification signs, writes clearly his/her full name and stamps (2)

b) Certification of agreement document for division of inheritance verification

Date …Month …Year …

(In script …)

At …(4). I (5) …, am (6) …

Certified

The agreement document for division of inheritance is established by the following individuals:

1. Mr./Mrs. …Identity card/Passport (3) number …,

2. Mr./Mrs. …Identity card/Passport (3) number …,

3. Mr./Mrs. …Identity card/Passport (3) number …,

…………..

- Those named above declare that they have not omitted any heirs and are legally responsible for the content of the agreement document for division of inheritance.

- At the time of certification, those who have agreed to divide the inheritance are mentally sound, aware, and in control of their actions, voluntarily agree to divide the inheritance and have jointly signed/stamped (9) on this agreement document for division of inheritance before me.

This agreement document for division of inheritance is established in …original copies (each original copy includes …pages, …pages), issued to:

+ …copies;

+ …copies;

+ …copies;

Stored at the Department of Justice/People's Committee of commune, ward, town 01 (one) original copy.

Certificate number …volume number …(1) - SCT/HĐ,GD

Date …Month …Year …

The person performing the certification signs, stamps (2)

c) Certification of declaration of inheritance acceptance verification

On the …day of the month …of the year …(In script …)

At …(4). I (5) …, am (6) …

Certified

This declaration of inheritance acceptance is established by Mr./Mrs. …Identity card/Passport (3) number …

- Mr./Mrs. …has declared himself/herself to be the sole heir and is responsible under the law for the contents of the declaration of inheritance.

- At the time of certification, Mr./Mrs. …is mentally sound, understands and controls his/her actions, and has signed/oral marked (9) on this declaration of inheritance in my presence.

This declaration of inheritance is established in …original copies (each original copy consists of …pages); …copies are issued to the declarant, and one copy is retained at the Notary Office/People's Committee of the commune, ward, town.

Certificate number …volume number ……… (1) - SCT/HĐ,GD

Date …Month …Year …

The person performing the certification signs, stamps (2)

d) Witness statement for the certification of the will

On the …day of the month …of the year …(In script …)

At …(4). I (5) …, am (6) …

Certified

- Mr./Mrs. …Identity Card/Passport (3) number…has voluntarily established this will and has declared to be legally responsible for the contents of the will.

- At the time of certification, Mr./Mrs. …is mentally sound, clear-minded, understands and controls his/her actions, voluntarily establishes the will, and has signed/oral marked (9) on this will in my presence.

This will is established in …original copies (each original copy consists of …pages, …pages); …copies are given to the testator; one copy is retained at the People's Committee of the commune, ward, town.

Certificate number …volume number …(1) - SCT/HĐ,GD

Date …Month …Year …

The person performing the certification signs, stamps (2)

đ) Witness statement for the certification of the declaration of refusal to accept the inheritance

Date …Month …Year …

(In script …)

At …(4). I (5) …, am (6) …

Certified

- This declaration of refusal to accept the inheritance is established by Mr./Mrs. …Identity Card/Passport (3) number…;

- Mr./Mrs. …has declared to be legally responsible for the contents of the declaration of refusal to accept the inheritance.

- At the time of certification, Mr./Mrs. …is mentally sound, understands and controls his/her actions, voluntarily refuses to accept the inheritance, and has signed/oral marked (9) on this declaration of refusal to accept the inheritance in my presence.

This declaration of refusal to accept the inheritance is established in …original copies (each original copy consists of …pages, …pages), …copies are given to the person refusing to accept the inheritance; one copy is retained at the People's Committee of the commune, ward, town.

Certificate number …volume number …(1) - SCT/HĐ,GD

Date …Month …Year …

The person performing the certification signs, stamps (2)

Note:

- (1) Record according to the information already recorded on the cover of the certification book (for example: 01/2015).

- (2) If carried out at the Notary Office, then the Director/Deputy Director signs and stamps the Notary Office; if carried out at the People's Committee of the commune, then the Chairman/Deputy Chairman signs and stamps the People's Committee of the commune; if carried out at a notary practice organization, then the notary public signs and stamps the notary practice organization.

- (3) If it is an Identity Card, then strike out Passport, if it is a Passport, then strike out the phrase Identity Card.

- (4) Clearly record the location where the certification takes place (for example: People's Committee of Commune A, District B); only record hours and minutes in cases of certification outside the office premises.

- (5) Clearly record the full name of the person conducting the certification.

- (6) Clearly record the position of the person conducting the certification, along with the name of the certifying agency (for example: Chairman of the People's Committee of Commune A, District B, Province C, Director of the Notary Office of District B, Province C; notary public of Notary Office No. 1 City H).

- (7) Clearly record the name of the contract or transaction being certified (for example: land transfer contract, car donation contract).

- (8) If it is a Notary Office, then strike out People's Committee of the commune, ward, town, if it is a People's Committee of the commune, ward, town, then strike out Notary Office.

- (9) If signing, then strike out "oral marked", if oral marking, then strike out "sign".

- (10) In case of registered signature samples, then strike out "in my presence".

II. SAMPLE CERTIFICATION BOOK

The certification book is bound in volumes according to each type of certification. There are 04 (four) types of certification books, including: Certification Book of Copies from Originals; Certification Book of Signatures, Certification of Oral Marks; Certification Book of Translator's Signature; Certification Book of Contracts, Transactions.

1. Cover of the book

a) Certification Book of Copies from Originals

b) Certification Book of Signatures/Certification of Oral Marks

c) Certification Book of Translator's Signature

d) Certification Book of Contracts, Transactions

Note:

- (A) If it is a certifying agency, then fully record the name of the agency, along with the administrative boundaries (for example: People's Committee of Commune A, District B, Province C; Notary Office of District B, Province C), if it is a notary practice organization, then record the name of the Notary Office, Notary Office (for example: Notary Office No. 1 City H).

- (B) Record the volume number, year of certification (for example: 01/2015. If one year uses multiple books, then record consecutive numbers (for example: 02/2015); in case one book is used for multiple years, record the number according to each year (for example: 01/2015 + 01/2016).

- (C) Record the date, month, and year when the register was opened.

- (D) Record the date, month, and year when the register was closed.

2. Content of the book

a) Certification Book of Copies from Originals

Note:

- (4) For original documents and texts in foreign languages that the certifier cannot determine the name of the original document or text, only record according to the language of the document or text (for example: Original in English, Original in French...).

- (7) Record according to the certification fee, if the certification is conducted at the Notary Office, People's Committee of the commune, representative agency; record according to the certification charge, if the certification is conducted at a notary practice organization.

b) Certification Book of Signatures/Certification of Oral Marks

Note:

- (4) For original documents and texts in foreign languages that the certifier cannot determine the name of the original document or text, only record according to the declaration of the person requesting certification.

- (6) Statistics according to the number of documents and texts that the certifier has certified signatures (For example: One type of document or text is established in 10 copies, the certifier certifies signatures in those 10 documents or texts, then the number of documents or texts certified is 10; five different types of documents or texts, each type established in one copy, the certifier certifies signatures in those five types of documents or texts, then the number of documents or texts certified is five; ten people sign in one document or text, the certifier certifies signatures in that document or text, then the number of documents or texts certified is one.

- (7) Record according to the certification fee, if the certification is conducted at the Notary Office, People's Committee of the commune, representative agency; record according to the certification charge, if the certification is conducted at a notary practice organization.

c) Certification Book of Translator's Signature

d) Certification Book of Contracts, Transactions