Decree No. 79/2007/ND-CP On Issuing Copies from Original Registers, Authenticating Copies from Original Documents, and Authenticating Signatures

DECREE

Regarding the issuance of certified copies from original registers, certification of copies from originals, and certification of signatures

_______________________________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Considering the proposal of the Minister of Justice,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of application

This Decree stipulates the authority, procedures for issuing certified copies from original registers; certification of copies from originals, certification of signatures; the legal validity of certified copies issued from original registers, certified copies, and certified signatures; state management over the issuance of certified copies from original registers, certification of copies from originals, and certification of signatures.

Article 2. Definitions

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

1. "Original" means the first copy issued by an agency or organization with authority that has legal validity for use and serves as a basis for comparison and certification of copies.

2. "Copy" means a photograph, printout, typewritten, computer-printed, or handwritten version containing all the contents accurately as in the original register or original.

3. "Original register" means the register established by an agency or organization with authority when issuing the original, which contains all the contents as in the original that such agency or organization has issued.

4. "Issuing certified copies from original registers" means the act of an agency or organization managing the original register issuing certified copies based on the original register. Certified copies from original registers must contain content consistent with the content recorded in the original register.

5. "Certification of copies from originals" means the act of a competent state agency pursuant to Article 5 of this Decree certifying copies based on the original, confirming that the copies are consistent with the original.

6. "Certification of signatures" means the act of a competent state agency pursuant to Article 5 of this Decree certifying signatures on documents as being those of the person who requested certification.

Article 3. Legal validity of certified copies issued from original registers, certified copies, and certified signatures

1. Certified copies issued from original registers and certified copies certified from originals according to this Decree have legal validity for use in transactions instead of the original.

2. Certified signatures according to this Decree have legal validity to prove that the person requesting certification signed the signature, serving as a basis for determining the responsibility of the signer regarding the content of the document.

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

The agency or organization managing the original register has the authority and responsibility to issue certified copies from original registers.

Issuing certified copies from original registers can be carried out simultaneously with issuing the original or after the issuance of the original.

Issuing certified copies from original registers of civil status documents shall be implemented in accordance with the provisions of Government Decree No. 158/2005/NĐ-CP dated December 27, 2005, on registration and management of civil status records.

Article 5. Authority and responsibility for certification of copies from originals, certification of signatures

1. The Department of Justice of the district, town, city under province (hereinafter referred to as the District Department of Justice) has the authority and responsibility:

a) To certify copies from originals of documents and texts in foreign languages;

b) To certify the signature of the translator in documents and texts translated from foreign languages into Vietnamese or from Vietnamese into foreign languages; to certify signatures in documents and texts in foreign languages;

The Head or Deputy Head of the District Department of Justice shall carry out certifications according to Clause 1 of this Article and affix the seal of the District Department of Justice.

2. The People's Committee of commune, ward, town (hereinafter referred to as the Commune People's Committee) has the authority and responsibility:

a) To certify copies from originals of documents and texts in Vietnamese;

b) To certify signatures in documents and texts in Vietnamese.

The Chairman or Vice-Chairman of the Commune People's Committee shall carry out certifications according to Clause 2 of this Article and affix the seal of the Commune People's Committee.

3. Diplomatic agencies and consular offices of the Socialist Republic of Vietnam abroad (hereinafter referred to as Vietnamese representative agencies abroad) have the authority and responsibility:

a) To certify copies from originals of documents and texts in Vietnamese and foreign languages;

b) To certify signatures in documents and texts in Vietnamese or foreign languages; the signature of the translator in translations from foreign languages into Vietnamese or from Vietnamese into foreign languages.

Consular officers and diplomatic officers of Vietnamese representative agencies abroad shall carry out certifications according to their authority and affix the seal of the Vietnamese representative agency abroad.

4. The authority for certification of copies from originals and signatures provided for in this Article does not depend on the place of residence of the person requesting certification.

Article 6. Responsibility of agencies and organizations receiving copies

1. Agencies and organizations receiving certified copies issued from original registers or certified copies certified from originals shall not require presentation of the original for comparison. In case there are suspicious signs indicating that the copy is forged, they have the right to verify.

2. Agencies and organizations receiving un-certified copies may request presentation of the original for comparison. The person making the comparison must sign confirmation on the copy and bear responsibility for the accuracy of the copy compared to the original.

Article 7. Fees for issuing certified copies, certification fees

1. Persons requesting issuance of certified copies from original registers, certification of copies from originals, and certification of signatures must pay fees as prescribed by law.

2. The level of collection, collection system, payment, management, and use of fees at Clause 1 of this Article shall be regulated by the Provincial People's Councils, directly governed municipalities in accordance with the guidelines of the Ministry of Finance.

Chapter II

ISSUANCE OF CERTIFIED COPIES FROM ORIGINAL REGISTERS, CERTIFICATION OF COPIES FROM ORIGINALS, AND CERTIFICATION OF SIGNATURES

Section 1

ISSUANCE OF CERTIFIED COPIES FROM ORIGINAL REGISTERS

Article 8. Persons entitled to request issuance of certified copies from original registers

1. The person who received the original.

2. The lawful representative or authorized agent of the person who received the original.

3. Father, mother, child, spouse, brother, sister, full-blooded sibling, or heir of the person who received the original if that person has died.

Article 9. Procedures for requesting issuance of certified copies from original registers

1. A person requesting issuance of certified copies from original registers may make a direct request or send their request to the agency managing the original register through postal service.

2. A person requesting issuance of certified copies from original registers must present their identity card, passport, or other identification documents.

In cases where the person requesting issuance of certified copies from original registers is among those specified in Clauses 2 and 3 of Article 8 of this Decree, they must also present additional documents proving their entitlement to request issuance of certified copies from original registers.

In case of requesting a copy from the original book through postal service, the person requesting must send all the documents stipulated in this clause (originals or certified copies).

Article 10. Procedure for issuing copies from the original book

1. The agency or organization managing the original book shall examine and verify the legality of the request for a copy, compare with the original book to issue a copy for the requester. The content of the copy must be consistent with the content recorded in the original book.

2. The time limit for issuing copies shall be carried out as follows:

a) On the same day of receiving the request;

b) In case the request is sent through postal service, the agency or organization issuing the copy must send the copy to the requester within the latest three working days from the date of receipt of the request (based on the postmark), counting from the day of receipt of the request.

3. The person requesting a copy through postal service must pay the fee for issuing the copy and the postal charges to the agency or organization issuing the copy.

Section 2

AUTHENTICATION OF COPIES FROM ORIGINALS

Article 11. Rights and obligations of the person requesting certification of a copy from the original

1. Has the right to request any authorized agency specified in Clauses 1, 2, and 3 of Article 5 of this Decree to perform certification, regardless of the place of residence of the person requesting certification.

2. In case of refusal to certify, the person requesting certification has the right to request the authorized agency to explain clearly the reasons; if they disagree with the reasons, they have the right to lodge a complaint in accordance with the provisions of the law.

3. Shall be responsible for the accuracy and legality of the documents they present when requesting certification.

Article 12. Obligations and rights of the person performing certification

1. Perform certification in a truthful, objective, and accurate manner; provide the required number of copies according to the request of the person requesting certification.

2. Shall be liable under the law for the act of certification.

3. Request relevant agencies, organizations, or individuals to provide necessary information for verifying the legality of the documents and texts requested for certification.

4. Record a temporary detention of documents and texts suspected of being forged; cooperate with competent state agencies in handling cases of using forged documents.

5. In case of refusing to certify, the person performing certification must clearly explain the reasons to the person requesting certification; if the certification does not fall within the jurisdiction of their agency, they must guide them to another competent agency.

Article 13. Procedure for certifying a copy from the original

1. The person requesting certification must present the following documents:

a) Original;

b) Copy to be certified.

2. The person performing certification must check the legality of the original; if signs of forgery are found in the original, they must ask the person requesting certification to prove it; if it cannot be proven, certification will be refused.

3. The person performing certification must compare the copy with the original; if the copy matches the original, certification will be performed. When certifying a copy from the original, the person performing certification must clearly write "certified copy matches the original," the date, month, year of certification, sign, write their full name, and affix the stamp of the competent authority.

4. The first page of the copy must clearly write "COPY" in the blank space at the top right corner; if the copy consists of two pages or more, it must be stamped across the fold.

Article 14. Place of certifying a copy from the original

1. Certification shall be conducted at the office of the competent authority. The competent authority must arrange staff to receive certification requests daily. Staff receiving visitors must wear identification badges.

2. At the office of the competent authority, the working schedule, jurisdiction, procedures, certification time, and certification fees must be publicly displayed.

Article 15. Time limit for certifying a copy from the original

Requests for certification received during morning or afternoon working hours must be certified immediately on the same working day; in case of large quantities of requests, certification may be rescheduled but not later than two working days.

Article 16. Cases where certification of a copy from the original is not granted

The person performing certification of a copy from the original shall not conduct certification in the following cases:

1. The original was issued beyond authority or is forged.

2. The original has been erased, altered, added to, or subtracted from, or is damaged and worn out to the extent that its content cannot be clearly identified.

3. The original is not permitted to be disseminated through mass media according to the provisions of the law.

4. Applications, letters, and other documents self-prepared by individuals without certification, authentication, or confirmation by authorized agencies or organizations.

5. Other documents or texts prohibited from being copied by law.

Section 3

CERTIFICATION OF SIGNATURES

Article 17. Procedure for certifying signatures

1. An individual requesting certification of their signature must present the following documents:

a) Identity card or passport or other personal identification documents;

b) Documents or texts they will sign.

2. The person requesting certification must sign in front of the person performing certification.

3. The person performing certification must clearly write the date, month, year of certification; location of certification; personal identification number of the person requesting certification, date of issuance, place of issuance; the signature in the document or text is indeed the signature of the person requesting certification; then sign and write their full name and affix the stamp of the competent authority.

Article 18. Certification of the translator's signature

1. The translator must be proficient in the foreign language to be translated.

2. The translator must guarantee and be responsible for the accuracy of the translation.

3. The procedure for certifying the translator's signature is carried out according to the procedure for certifying signatures stipulated in Article 17 of this Decree.

4. The first page of the translation must clearly write "TRANSLATION" in the blank space at the top right corner. If the translation consists of two pages or more, it must be numbered in sequence and stamped across the fold between the pages. The translation must be attached to the copy of the document to be translated.

Article 19. Time limit for certifying signatures

Requests for certification of signatures received during morning or afternoon working hours must be certified immediately on the same working day; if verification of the identity of the person requesting certification is needed, the above deadline may be extended but not exceeding three working days.

Chapter III

STATE MANAGEMENT OF ISSUING COPIES FROM ORIGINAL BOOKS, AUTHENTICATING COPIES FROM ORIGINAL DOCUMENTS, AND AUTHENTICATING SIGNATURES

MANAGEMENT OF STATE ON ISSUING COPIES FROM ORIGINAL BOOKS, AUTHENTICATING COPIES FROM ORIGINAL DOCUMENTS, AND AUTHENTICATING SIGNATURES

Article 20. CONTENT OF STATE MANAGEMENT ON ISSUING COPIES FROM ORIGINAL BOOKS, AUTHENTICATING COPIES FROM ORIGINAL DOCUMENTS, AND AUTHENTICATING SIGNATURES

1. THE GOVERNMENT UNIFIES THE STATE MANAGEMENT ON ISSUING COPIES FROM ORIGINAL BOOKS, AUTHENTICATING COPIES FROM ORIGINAL DOCUMENTS, AND AUTHENTICATING SIGNATURES

2. THE MINISTRY OF JUSTICE IS RESPONSIBLE TO THE GOVERNMENT FOR IMPLEMENTING THE STATE MANAGEMENT ON ISSUING COPIES FROM ORIGINAL BOOKS, AUTHENTICATING COPIES FROM ORIGINAL DOCUMENTS, AND AUTHENTICATING SIGNATURES WITH THE FOLLOWING DUTIES AND POWERS:

a) ISSUING OR SUBMITTING TO THE COMPETENT STATE AUTHORITIES FOR ISSUING LEGAL REGULATIONS, GUIDING AND DIRECTING THE IMPLEMENTATION THEREOF, GUIDING THE PUBLICITY, EDUCATION, AND DISSEMINATION OF LAWS, INSPECTION, AUDIT, AND HANDLING VIOLATIONS REGARDING THE ISSUING OF COPIES FROM ORIGINAL BOOKS, AUTHENTICATING COPIES FROM ORIGINAL DOCUMENTS, AND AUTHENTICATING SIGNATURES;

b) SUMMARIZING AND REPORTING TO THE GOVERNMENT ON THE WORK OF STATE MANAGEMENT IN THE ISSUING OF COPIES FROM ORIGINAL BOOKS, AUTHENTICATING COPIES FROM ORIGINAL DOCUMENTS, AND AUTHENTICATING SIGNATURES.

3. THE MINISTRY OF FOREIGN AFFAIRS HAS THE RESPONSIBILITY TO COORDINATE WITH THE MINISTRY OF JUSTICE IN GUIDING, INSPECTING, AUDITING, AND ORGANIZING TRAINING FOR THE ISSUING OF COPIES FROM ORIGINAL BOOKS, AUTHENTICATING COPIES FROM ORIGINAL DOCUMENTS, AND AUTHENTICATING SIGNATURES BY VIETNAMESE REPRESENTATIVE AGENCIES ABROAD AND CONSULAR AND DIPLOMATIC STAFF ASSIGNED TO PERFORM SUCH TASKS.

4. MINISTRIES, GOVERNMENT-AFFILIATED MINISTRIES, AND GOVERNMENT AGENCIES WITHIN THEIR RESPECTIVE DUTIES AND POWERS HAVE THE RESPONSIBILITY TO COORDINATE WITH THE MINISTRY OF JUSTICE IN IMPLEMENTING THE STATE MANAGEMENT ON ISSUING COPIES FROM ORIGINAL BOOKS, AUTHENTICATING COPIES FROM ORIGINAL DOCUMENTS, AND AUTHENTICATING SIGNATURES.

5. PROVINCE PEOPLE'S COMMITTEES (HEREINAFTER REFERRED TO AS PROVINCE PEOPLE'S COMMITTEES) SHALL IMPLEMENT THE STATE MANAGEMENT ON ISSUING COPIES FROM ORIGINAL BOOKS, AUTHENTICATING COPIES FROM ORIGINAL DOCUMENTS, AND AUTHENTICATING SIGNATURES AT THE LOCAL LEVEL WITH THE FOLLOWING DUTIES AND POWERS:

a) GUIDING AND TRAINING THE PROVINCE'S DISTRICT AND COMMUNE PEOPLE'S COMMITTEES ON THE ISSUING OF COPIES FROM ORIGINAL BOOKS, AUTHENTICATING COPIES FROM ORIGINAL DOCUMENTS, AND AUTHENTICATING SIGNATURES;

b) INSPECTING AND AUDITING THE ACTIVITY OF ISSUING COPIES FROM ORIGINAL BOOKS, AUTHENTICATING COPIES FROM ORIGINAL DOCUMENTS, AND AUTHENTICATING SIGNATURES BY DISTRICT PEOPLE'S COMMITTEES;

c) HANDLING COMPLAINTS AND REPORTS ABOUT THE ISSUING OF COPIES FROM ORIGINAL BOOKS, AUTHENTICATING COPIES FROM ORIGINAL DOCUMENTS, AND AUTHENTICATING SIGNATURES;

d) COLLECTING INFORMATION AND STATISTICAL DATA ON THE ISSUING OF COPIES FROM ORIGINAL BOOKS, AUTHENTICATING COPIES FROM ORIGINAL DOCUMENTS, AND AUTHENTICATING SIGNATURES IN THE LOCAL AREA AND REPORTING TO THE MINISTRY OF JUSTICE EVERY SIX MONTHS AND ANNUALLY.

6. DISTRICT PEOPLE'S COMMITTEES SHALL IMPLEMENT THE STATE MANAGEMENT ON ISSUING COPIES FROM ORIGINAL BOOKS, AUTHENTICATING COPIES FROM ORIGINAL DOCUMENTS, AND AUTHENTICATING SIGNATURES IN THEIR LOCAL AREAS WITH THE FOLLOWING DUTIES AND POWERS:

a) GUIDING AND TRAINING THE COMMUNE PEOPLE'S COMMITTEES ON THE ISSUING OF COPIES FROM ORIGINAL BOOKS, AUTHENTICATING COPIES FROM ORIGINAL DOCUMENTS, AND AUTHENTICATING SIGNATURES;

b) INSPECTING, AUDITING, AND HANDLING COMPLAINTS AND REPORTS ABOUT THE ISSUING OF COPIES FROM ORIGINAL BOOKS, AUTHENTICATING COPIES FROM ORIGINAL DOCUMENTS, AND AUTHENTICATING SIGNATURES;

c) COLLECTING INFORMATION AND STATISTICAL DATA ON THE ISSUING OF COPIES FROM ORIGINAL BOOKS, AUTHENTICATING COPIES FROM ORIGINAL DOCUMENTS, AND AUTHENTICATING SIGNATURES AND REPORTING TO THE PROVINCE PEOPLE'S COMMITTEE EVERY SIX MONTHS AND ANNUALLY.

Article 21. REGISTRATION OF ISSUING COPIES FROM ORIGINAL BOOKS, AUTHENTICATING COPIES FROM ORIGINAL DOCUMENTS, AND AUTHENTICATING SIGNATURES

1. EACH INSTANCE OF ISSUING COPIES FROM ORIGINAL BOOKS, AUTHENTICATING COPIES FROM ORIGINAL DOCUMENTS, AND AUTHENTICATING SIGNATURES MUST BE RECORDED IN A REGISTER AND STORED AT THE AUTHORITY THAT PERFORMS THE TASK.

2. FOR AUTHENTICATION OF COPIES FROM ORIGINAL DOCUMENTS, THE AUTHENTICATION AUTHORITY MUST KEEP ONE COPY FOR REFERENCE WHEN NECESSARY. THE MINIMUM STORAGE PERIOD FOR THE COPY IS TWO YEARS. AFTER THE STORAGE PERIOD EXPIRES, THE DESTRUCTION OF THE COPY SHALL BE CONDUCTED IN ACCORDANCE WITH THE LEGAL REGULATIONS ON RECORDS MANAGEMENT.

3. AUTHORITIES AND ORGANIZATIONS WITH THE AUTHORITY TO ISSUE COPIES FROM ORIGINAL BOOKS, AUTHENTICATE COPIES FROM ORIGINAL DOCUMENTS, AND AUTHENTICATE SIGNATURES MUST TAKE MEASURES TO ENSURE SAFETY, PREVENT FIRES, EXPLOSIONS, MOISTURE, AND PESTS FOR THE RECORDS AND DOCUMENTS KEPT.

Article 22. Handling of violations

1. WHILE PERFORMING THE TASKS AND POWERS ON ISSUING COPIES FROM ORIGINAL BOOKS, AUTHENTICATING COPIES FROM ORIGINAL DOCUMENTS, AND AUTHENTICATING SIGNATURES, PERSONNEL WHO FAIL TO PERFORM THEIR DUTIES DUE TO LACK OF RESPONSIBILITY OR INTENTIONALLY VIOLATE THE PROVISIONS OF THIS DECREE AND OTHER LEGAL REGULATIONS MAY BE SUBJECT TO DISCIPLINARY ACTION OR CRIMINAL LIABILITY DEPENDING ON THE GRAVITY OF THE VIOLATION; IF DAMAGE IS CAUSED, THEY MUST PROVIDE COMPENSATION IN ACCORDANCE WITH THE LAW.

2. PERSONS REQUESTING ISSUING COPIES FROM ORIGINAL BOOKS, AUTHENTICATING COPIES FROM ORIGINAL DOCUMENTS, AND AUTHENTICATING SIGNATURES WHO ALTER DOCUMENTS OR USE FALSE DOCUMENTS MAY BE SUBJECT TO ADMINISTRATIVE SANCTIONS OR CRIMINAL LIABILITY DEPENDING ON THE GRAVITY OF THE VIOLATION IN ACCORDANCE WITH THE LAW.

3. PERSONS WHO REQUEST AUTHENTICATION OF THEIR SIGNATURES IN TRANSLATIONS THAT CAUSE DAMAGE TO OTHERS MUST PROVIDE COMPENSATION IN ACCORDANCE WITH THE LAW.

Article 23. COMPLAINTS, REPORTS, AND HANDLING OF COMPLAINTS AND REPORTS

COMPLAINTS, HANDLING OF COMPLAINTS, REPORTS, AND HANDLING OF REPORTS REGARDING VIOLATIONS OF THE LAW IN THE ISSUING OF COPIES FROM ORIGINAL BOOKS, AUTHENTICATING COPIES FROM ORIGINAL DOCUMENTS, AND AUTHENTICATING SIGNATURES SHALL BE HANDLED IN ACCORDANCE WITH THE LAW.

Chapter IV

IMPLEMENTING PROVISIONS

Article 24. Effectiveness

THIS DECREE SHALL TAKE EFFECT 15 DAYS AFTER ITS PUBLICATION IN THE OFFICIAL GAZETTE AND SHALL REPLACE THE PROVISIONS ON AUTHENTICATION OF COPIES AND SIGNATURES IN DECREE NO. 75/2000/NĐ-CP OF THE GOVERNMENT DATED DECEMBER 8, 2000 ON NOTARIZATION AND AUTHENTICATION.

Article 25. Implementation

1. THE MINISTERS OF THE MINISTRY OF HOME AFFAIRS, THE MINISTRY OF FINANCE, AND THE MINISTRY OF FOREIGN AFFAIRS WITHIN THEIR RESPECTIVE DUTIES AND POWERS HAVE THE RESPONSIBILITY TO COORDINATE WITH THE MINISTER OF JUSTICE TO ISSUE GUIDELINES FOR THE IMPLEMENTATION OF THIS DECREE.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree./.