Accordingly, attestation is an activity that is no longer strange to today’s society. However, there are many people who always confuse notarization with attestation. So, What is attestation under Vietnamese Law? Let’s find out with LSX!
Legal ground
- Decree 23/2015/ND-CP
What is attestation?
Hence Article 2 of Decree No. 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 or 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.
Features of attestation
Thus, attesting to the fact, not referring to the content, mainly focusing on the form.
- Authentication of copies from originals means that competent agencies or organizations as prescribed in this Decree following the originals to certify that the copies are true to the originals.
- Signature authentication means that a competent agency or organization; following this Decree authenticates that the signature in a paper or document is the signature of the person requesting authentication.
- Authentication of contracts and transactions means the certification of the time and place by a competent authority; following 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.
Where is the attestation and endorsement authority?
Firstly, at the Division of Justice of a district, town, or provincial city. Persons conducting the implementation: Heads, Deputy Heads of Justice Departments shall authenticate, sign for certification and seal with the Justice Department’s seal.
Second, the People’s Committees of communes, wards, and townships. 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.
Third, Notary Office. Executor: Notary Public
Finally, Diplomatic Missions, Consular Missions, and Other Authorized Agencies. Executor: Diplomatic and consular officers sign for certification and seal of the representative mission.
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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;
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;
Conclusion: So the above is What is attestation under Vietnamese Law?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
