Regulations on attestation authority under Vietnamese Law

by QuynhHuong

Accordingly, not all attestation agencies have the same authority on confirming the authentication of a document. In fact, there are regulations on attestation authority under Vietnamese Law. So, let’s find out about the issue with LSX!

  • Decree 23/2015/ND-CP

What is attestation?

Hence Article 2 of Decree 23/2015/ND-CP on the issuance of copies from master registers, certification of copies from originals, attestation of signatures, and certification of contracts and transactions; attestation means that a copy from the original means that a competent agency otherwise organization defined in this Decree relies on the original to certify that the copy is true to the original; attestation of contracts and transactions means the certification of the time and place by a competent authority as prescribed in this Decree of the time and place for the conclusion of the contract or transaction; civil act capacity, voluntary will, signatures or fingerprints of the parties to a contract or transaction…

Basically, attestation is the fact that a competent agency or organization; relies on the original; to certify that the copy is true to the original.

The attestation authority of the division of Justice of a district, town, or provincial city

Firstly, at the Division of Justice of a district, town, town, or provincial city (hereinafter collectively referred to as the Justice Department).

The contents are the following cases:

  • Certified copies of originals of papers and documents issued by competent Vietnamese agencies and organizations; competent foreign agencies and organizations; competent Vietnamese agencies and organizations in association with competent foreign agencies and organizations to issue or certify;
  • Authentication of signatures in papers and documents;
  • Authentication of signatures of translators in papers and documents from foreign language to Vietnamese, from Vietnamese to foreign language;
  • Attestation of contracts and transactions related to movable assets;
  • Authenticate the written agreement on division of the estate, the document declaring the estate that the estate is movable.

Thus, persons conducting the implementation: Heads, Deputy Heads of Justice Divisions shall authenticate the work specified in this Clause, sign for certification, and seal with the Justice Department’s seal.

The attestation authority of the people’s Committees

Secondly, the People’s Committees of communes, wards, and townships. The contents are the following cases:

  • Certified copies of originals of papers and documents issued or certified by a competent Vietnamese agency;
  • Authentication of signatures in papers and documents, except for authentication of signatures of translators;
  • Attestation of contracts and transactions related to movable assets;
  • Authentication of contracts and transactions related to the exercise of the rights of land users followu the provisions of the Land Law;
  • Authentication of housing contracts and transactions following the Law on Housing;
  • Probate will;
  • Authenticate the written refusal to receive the estate;
  • Attestation of the written agreement to divide the estate,

Thus, the executor: Chairman, Vice Chairman of the People’s Committee of the commune shall sign for certification and stamp of the People’s Committee of the commune.

The attestation authority of the notary Office

Third, the Notary office also has the authority to attestation the following cases:

  • Certified copies of originals of papers and documents issued by competent Vietnamese agencies and organizations; competent foreign agencies and organizations; competent Vietnamese agencies and organizations affiliated with competent foreign agencies and organizations to issue or certify;
  • Authentication of signatures in papers and documents, except for authentication of signatures of translators.

Diplomatic Missions, Consular Missions, and Other Authorized Agencies

Finally, Diplomatic Missions, Consular Missions, and Other Authorized Agencies. The contents are the following cases:

  • Certified copies of originals of papers and documents issued by competent Vietnamese agencies and organizations; competent foreign agencies and organizations; competent Vietnamese agencies and organizations affiliated with competent foreign agencies and organizations to issue or certify;
  • Authentication of signatures in papers and documents;
  • Authentication of signatures of translators in papers and documents from foreign language to Vietnamese, from Vietnamese to foreign language;

Thus, the executors are Diplomatic and consular officers who sign for certification and seal of the representative mission.

Lastly, thank you for paying attention to our article on “Regulations on attestation authority under Vietnamese Law”. Hope that this article will help you solve your problem. In case you have any questions, please feel free to contact Lawyer X for quick and best legal services: +84846175333.

What contents can the notary office attest?

Firstly, Certified copies of originals of papers and documents issued by competent Vietnamese agencies and organizations; competent foreign agencies and organizations; competent Vietnamese agencies and organizations affiliated with competent foreign agencies and organizations to issue or certify;
Secondly, Authentication of signatures in papers and documents, except for authentication of signatures of translators;

What contents can the Diplomatic Missions attest?

Certified copies of originals of papers and documents issued by competent Vietnamese agencies and organizations; competent foreign agencies and organizations; competent Vietnamese agencies and organizations affiliated with competent foreign agencies and organizations to issue or certify;
Authentication of signatures in papers and documents;
Authentication of signatures of translators in papers and documents from foreign language to Vietnamese, from Vietnamese to foreign language;

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