Circular 01/2020/TT-BTP guiding Decree 23/2015/ND-CP

CIRCULAR

Detailing and guiding the implementation of a number of articles of the Government’s Decree No. 23/2015/ND-CP of February 16, 2015, on grant of duplicates from master registers, certification of copies from originals, certification of signatures, and certification of contracts and transaction agreements^[1]

Pursuant to the Government’s Decree No. 96/2017/ND-CP of August 16, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Justice;

Pursuant to the Government’s Decree No. 23/2015/ND-CP of February 16, 2015, on grant of duplicates from master registers, certification of copies from originals, certification of signatures and certification of contracts and transactions;

At the proposal of the Director of the Civil Status, Citizenship and Notarization Department;

The Minister of Justice promulgates the Circular detailing and guiding the implementation of a number of articles of the Government’s Decree No. 23/2015/ND-CP of February 16, 2015, on grant of duplicates from master registers, certification of copies from originals, certification of signatures, and certification of contracts and transaction agreements.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Circular details and guides the implementation of a number of articles regarding certification of copies from originals; certification of signatures; approval of lists of translation collaborators; and certification of contracts and transaction agreements and certification competence in island districts.

Article 2.Settlement of certification requests

1. In case certification agencies receive certification requests after 15:00 but  cannot settle these requests and return dossier processing results in the day or need to prolong the time limits for settlement under Articles 21, 33 and 37 of the Government’s Decree No. 23/2015/ND-CP of February 16, 2015, on grant of duplicates from master registers, certification of copies from originals, certification of signatures, and certification of contracts and transaction agreements (below referred to as Decree No. 23/2015/ND-CP), dossier recipients shall make an appointment slip clearly indicating the time (hour, day) for returning dossier processing results to certification requesters.

2. When receiving and settling certification requests, dossier recipients and certifiers may not impose additional procedures, cause harassment and require additional papers in contravention of Decree No. 23/2015/ND-CP and this Circular.

Article 3.Promulgation and use of sample certification statements

To promulgate together with this Circular the Appendix on sample statements of certification of signatures and certification of contracts and transaction agreements to be used at dossier-receiving and dossier processing result-returning sections under the single-window or inter-agency single-window mechanism; and sample statements of certification of declaration of acceptance of inheritance or disclaimer of inheritance in case there are at least 2 persons making declaration to accept or disclaim inheritance.

Article 4.Method of assignment of certification numbers

1. Certification numbers of copies from originals prescribed at Point b, Clause 3, Article 20 of Decree No. 23/2015/ND-CP shall be assigned for each to-be-certified paper rather than for each certification requester.

For example: Mr. A requests certification of copies from 3 (three) original papers: a people’s identity card under the name of Nguyen Van A; a people’s identity card under the name of Nguyen Thi B and a household registration book of Nguyen Van A’s household. In this case, each of the copies, the copy of the people’s identity card under the name of Nguyen Van A, the copy of the people’s identity card under the name of Nguyen Thi B, and the copy of the household registration book of Nguyen Van A’s household, shall be assigned a separate number. Hence, the concerned certification agency shall assign 3 (three) different certification numbers to these 3 (three) papers.

2. Certification numbers of signatures on papers and documents and certification numbers of signatures of translators shall be assigned for each paper or document bearing the to-be-certified signature rather than for each certification requester.

Example 1: Mr. Tran Van H requests certification of his signature on a personal resume and a letter of authorization for receipt of pension. Then, 2 (two) different certification numbers shall be assigned, 1 (one) number for the certification of the signature on the personal resume and 1 (one) for the certification of the signature on the letter of authorization for receipt of pension.

Example 2: Ms. Le Thi Be requests certification of the signature of a translator (against the specimen signature already registered by the translator with the district-level Division of Justice) on 3 (three) papers, including the translation of a passport, the translation of a letter of invitation to a conference, and the translation of a contract. In this case, each of these translations shall be assigned 1 (one) certification number. The Division of Justice shall assign 3 (three) certification numbers rather than giving 1 (one) certification number to 3 (three) papers of a single requester.

3. Certification numbers of contracts shall be assigned for each job rather than for each requester or the number of contracts.

For example: Mr. Le Van H and Ms. Nguyen Thi M request certification of a contract on transfer of land use rights and a shop lease contract. In this case, 1 (one) certification number shall be assigned to the contract on transfer of land use rights and 1 (one) certification number shall be assigned to the shop lease contract.

Article 5.Archive of papers and documents upon certification of signatures and certification of translators’ signatures

1. After certifying signatures on papers and documents and signatures of translators under Clause 2, Article 14 of Decree No. 23/2015/ND-CP, certification agencies and organizations shall keep 1 (one) certified copy or copy of these papers and documents.

2. Certification agencies and organizations shall themselves photocopy the papers and documents they have certified for archive.

Article 6.Requirements on consular legalization of papers issued by foreign authorities

When certifying copies from original papers issued by foreign authorities to individuals such as passports, identity cards, permanent residence cards, residence cards, driver’s licenses, diplomas, certificates, and marksheets attached to diplomas and certificates, consular legalization is not required. Consular legalization is neither required in case of certification of translators’ signatures on translations of these papers.

Article 7.Legal validity of papers and documents certified in contravention of law

1. Copies from originals which are certified and papers and documents which have signatures thereon certified in contravention of Decree No. 23/2015/ND-CP and this Circular are legally invalid.

2. Chairpersons of district-level People’s Committees shall issue decisions on invalidation of the papers and documents specified in Clause 1 of this Article which are certified by district-level Divisions of Justice. Chairpersons of commune-level People’s Committees shall issue decisions on invalidation of the papers and documents specified in Clause 1 of this Article which are certified by their agencies.

After issuing decisions on invalidation of certified papers and documents, district- and commune-level People’s Committee chairpersons shall post information on papers and documents which have been certified but are legally invalid on portals of the People’s Committees of their provinces or centrally run cities.

3. Heads of diplomatic missions, consular posts and other overseas Vietnamese agencies authorized to perform consular functions shall issue decisions on invalidation of the papers and documents specified in Clause 1 of this Article which are certified by their agencies and post information on papers and documents which have been certified but are legally invalid on their agencies’ websites.

4. The issuance of decisions on invalidation of certified papers and documents and posting of information on these papers and documents shall be carried out right after these papers and documents are detected as having been certified in contravention of law.

Article 8.Responsibilities for receipt of dossiers at single-window or inter-agency single-window sections

When receiving dossiers of request for certification of signatures or certification of contracts or transaction agreements at dossier-receiving and dossier-processing result-returning sections under the single-window or inter-agency single-window mechanism, dossier recipients (civil servants of district-level Divisions of Justice or cilvil servants in charge of justice and civil status affairs of commune-level People’s Committees) shall thoroughly examine the dossiers and the authenticity of the certification requesters’ signatures. Dossier recipients shall make sure that signature certification requesters are mentally sound and can perceive and control their acts or parties to contracts or transaction agreements have full civil act capacity and voluntarily enter into the contracts or transaction agreements.

Article 9.Responsibilities of certification requesters

1. When requesting certification of copies from originals, requesters shall provide the originals for comparison and bear responsibility for the authenticity of the originals used for certification. Originals must have their contents and forms conformable with those promulgated or certified by state agencies.

2. Those who request certification of contracts or transaction agreements shall be held fully responsible for any conflicts, disputes, lawsuits or complaints arising in the course of implementation of contracts and transaction agreements if these contracts and transactions have been certified in accordance with Decree No. 23/2015/ND-CP and this Circular.

Chapter II

CERTIFICATION OF COPIES FROM ORIGINALS

Article 10.Copies from originals

A to-be-certified copy from the original must consist of all information-containing pages of the original.

For example: In case of certifying a copy from an original household registration book, it is required to photocopy the book’s cover and all inner pages containing information on household members appearing in the book; in case of certifying a copy of a passport, it is required to photocopy the passport’s cover page and all information-containing inner pages.

Article 11.Responsibilities of certifiers and dossier recipients when certifying copies from originals

1. A certifier (in case certifiers receive dossiers) or dossier recipient at single-window and inter-agency single-window sections shall examine and compare copies with their originals and make certification only after comparing copies with their originals.

2. If detecting an original falling into one of the cases prescribed in Article 22 of Decree No. 23/2015/ND-CP, a certification agency shall refuse to receive the dossier. In case a certification requester uses an erased or modified or falsified original, forged paper or a copy with contents different from its original, a dossier recipient shall make a record of violation and keep the dossier in order to request a competent agency to handle the case in accordance with law.

Chapter III

CERTIFICATION OF SIGNATURES ON PAPERS AND DOCUMENTS

Article 12.Certification of signatures on foreign-language papers and documents

When certifying signatures on foreign-language papers and documents, if dossier recipients or certifiers do not clearly understand the contents of to-be-certified papers and documents, they shall request certification requesters to submit Vietnamese translations of these papers and documents. The Vietnamese translations are not required to be notarized or have the translators’ signatures certified but certification requesters shall be held responsible for the accuracy of the translations.

Article 13.Method of certification of signatures on papers and documents

1. The statement of certification of the signature on a paper or document shall be written underneath a to-be-certified signature or on the subsequent page of the page containing the to-be-certified signature of the paper or document. In case the certification statement is written on the subsequent page of the page containing the to-be-certified signature, the paper and document and the page containing the certification statement shall be fan-stamped together.

2. In case a paper or document is signed by more than one person, it is required to certify the signatures of all persons having signed the paper or document.

Article 14.Certification of signatures in letters of authorization under Clause 4, Article 24 in Decree No. 23/2015/ND-CP

1. The authorization prescribed at Point d, Clause 4, Article 24 of Decree No. 23/2015/ND-CP may be conducted in the form of certification of signatures in the letter of authorization if such authorization is free of remuneration, free of compensation liability of the authorized party and not related to the transfer of the right to own assets or to use immovables.

2. In conformity with Clause 1 of this Article, the certification of signatures in letters of authorization shall be made in the following cases:

a/ Authorization for submission or receipt of dossiers and papers, unless otherwise prescribed by law;

b/ Authorization for receipt of pensions, postal packages, allowances or subsidies;

c/ Authorization for house-sitting purposes;

d/ Authorization by family members to borrow loans from the Vietnam Bank for Social Policies.

3. For cases of authorization not prescribed in Clause 2 of this Article, certification requesters may not request certification of signatures in letters of authorization but shall carry out procedures according to provisions on certification of contracts and transactions.

Article 15.Certification of signatures on personal resumes

1. Provisions on certification of signatures in Section 3 of Decree No. 23/2015/ND-CP shall be applied to certify the signature of a person on his/her personal resume. In addition to a certification statement according to the form provided in Decree No. 23/2015/ND-CP, certifiers may not write any comments on personal resumes. In case a specialized law otherwise provides for the writing of comments on personal resumes, the specialized law shall prevail.

2. Certification requesters shall take responsibility for the whole contents of their personal resumes and cross out any blank sections in their personal resumes before requesting certification.

Chapter IV

CERTIFICATION OF SIGNATURES OF TRANSLATORS

Article 16.Criteria for translators and popular languages

1. In pursuance to Clause 2, Article 27 of Decree No. 23/2015/ND-CP, a translator must possess bachelor (university) or higher level in the foreign language with which he/she works, or hold a university or higher degree in another discipline but studied in the foreign language with which he/she works. A translator who holds a university or higher degree in another discipline but studied in the foreign language with which he/she works shall also produce his/her marksheets or papers proving the foreign language in which he/she studied.

For example: Mr. Nguyen Van A gets a master’s degree in international law in China.  As his program was taught in Chinese, Mr. A is qualified for working as a Chinese translator. Mr. Nguyen Van B is a bachelor of economics trained in Japan. However, as his program is taught in English, he is qualified for working as an English translator.

2. Popular languages are languages commonly used in papers and documents in Vietnam and many Vietnamese can translate these languages into Vietnamese andvice versa,e.g., English, French, German, Russian, Chinese, Korean, Japanese, and Spanish.

Unpopular languages are languages rarely used in papers and documents in Vietnam and few people can translate these languages into Vietnamese andvice versa, e.g., Mongolian, Indian, etc.

Article 17.Certification of signatures of translators other than collaborators of district-level Divisions of Justice

1. When an unpopular language translator who neither holds a bachelor’s degree in a foreign language nor is a university graduate as prescribed in Clause 2, Article 27 of Decree No. 23/2015/ND-CP, requests certification of his/her signature, he/she shall submit a document committing that he/she is proficient in that language and be held responsible for the contents of translations.

2. District-level Divisions of Justice shall certify signatures of translators other than their translation collaborators in case these persons translate their own papers and documents.

The translation of papers and documents for other people, including also relatives, friends and colleagues, and translation of papers and documents with collection of charges under agreements with individuals and organizations shall be done by translation collaborators of district-level Divisions of Justice.

Article 18.Approval of lists of translation collaborators

1. A translator who registers to work as an unpopular language translation collaborator but does not have the papers prescribed in Clause 2, Article 27 of Decree No. 23/2015/ND-CP shall submit substitute papers (if any) and a written commitment on proficiency in that unpopular language.

2. A district-level Division of Justice shall make and submit to the Department of Justice of its province or centrally run city for approval a list of translation collaborators, enclosed with a curriculum vitae of each of these persons containing information on his/her full name; date of birth; place of birth; people’s identity card, citizen identity card or passport; place of residence; papers proving his/her degree in or his/her commitment on proficiency in an unpopular language.

3. After receiving a request from a district-level Division of Justice, within 5 (five) working days, the provincial-level Department of Justice shall examine the list of translation collaborators. If these translation collaborators fully satisfy the criteria and conditions specified in Article 27 of Decree No. 23/2015/ND-CP, the provincial-level Department of Justice shall issue a decision on approval of the list of translation collaborators; if there is any person failing to satisfy the prescribed criteria and conditions, the provincial-level Department of Justice shall refuse to approve the list and notify in writing thereof to the district-level Division of Justice.

4. Annually, district-level Divisions of Justice shall review the lists of translation collaborators. In case a translation collaborator no longer satisfies the prescribed conditions and criteria or has stopped working as a translation collaborator for a district-level Division of Justice for 12 months or more without plausible reasons, the district-level Division of Justice shall send to the provincial- level Department of Justice a request for the issuance of a decision on removal of that person from the list of translation collaborators.

Article 19.Re-registration of specimen signatures

When signing with a district-level Division of Justice a translation collaboration contract, a translation collaborator shall register his/her specimen signature according to Article 29 of Decree No. 23/2015/ND-CP. If wishing to change his/her signature, a translation collaborator shall make a request for re-registration of specimen signature and sign 3 (three) specimen signatures in such request in the presence of the head of the district-level Division of Justice.

Chapter V

CERTIFICATION OF CONTRACTS AND TRANSACTION AGREEMENTS

Article 20.Certification of contracts and transaction agreements at dossier-receiving and dossier processing result-returning sections under the single-window or inter-agency single-window mechanism

1. In case a person who requests certification of a contract or transaction agreement submits a dossier directly at a dossier-receiving and dossier processing result-returning section under the single-window or inter-agency single-window mechanism, all the parties to the contract or transaction agreement shall sign in the presence of the dossier recipient.

In case persons who enter into contracts or transaction agreements are representatives of credit institutions or enterprises and have registered their specimen signatures with certification agencies, they may sign the contracts or transaction agreements in advance. Dossier recipients shall check the signatures in the contracts and transaction agreements against specimen signatures. If deeming that the signature of a person in a contract or transaction agreement differs from his/her specimen signature, the dossier recipient shall request that person to sign the contract or transaction agreement in his/her presence.

Dossier recipients shall be held responsible for the signing by all concerned parties in the former’s presence.

2. Dossier recipients shall examine papers and dossiers. If deeming that a contract or transaction agreement fully satisfies the conditions specified in Clauses 2 and 3, Article 36 of Decree No. 23/2015/ND-CP, a dossier recipient shall sign on every page of the contract or transaction agreement before a competent person certifies the contract or transaction agreement according to regulations.

Article 21.Responsibilities of agencies certifying contracts and transaction agreements

1. Certification agencies shall disseminate and provide relevant information so that certification requesters are fully aware of their responsibility for the contents of contracts or transaction agreements and legal consequences of the certification of such contracts or transaction agreements.

2. If detecting that the assets being objects of a contract or transaction agreement are illegal or in dispute; or were or are objects of another contract or transaction agreement, a certification agency shall make a record of violation and keep the dossier in order to request a competent agency to handle the case in accordance with law.

Article 22.Interpreters and witnesses in certification of contracts and transaction agreements

1. Interpreters are required in case persons who request certification of contracts and transaction agreements are not fluent in Vietnamese. Interpreters must have full civil act capacity as prescribed by law and are fluent in Vietnamese and the languages of certification requesters. Interpreters may be invited by certification requesters or designated by certification agencies. Interpreters’ remuneration shall be paid by certification requesters.

2. Witnesses specified in Clause 3, Article 36 of Decree No. 23/2015/ND-CP shall be invited by certification requesters. If certification requesters cannot invite witnesses, they may request certification agencies to designate witnesses. Witnesses shall produce their valid identification papers to certifiers for examination and sign on every page of contracts or transaction agreements.

Article 23.Procedures for certification of modification, supplementation and cancellation of contracts and transaction agreements

1. When requesting certification of modification, supplementation or cancellation of a contract or transaction agreement under Article 38 of Decree No. 23/2015/ND-CP, a requester shall produce his/her valid identification paper to the certifier for examination and submit 1 (one) set of dossier comprising:

a/ The contract or transaction agreement already certified;

b/ A draft contract or transaction agreement on the modification, supplementation or cancellation of the certified contract or transaction agreement.

2. If the content of a modified, supplemented or cancelled contract or transaction agreement is related to property subject to registration of ownership and use rights, a certification requester shall submit copies of papers proving ownership and use rights or substitute papers prescribed by law and produce  originals thereof for comparison, except cases of testators facing life-threatening conditions.

3. Procedures for certification of modification, supplementation and cancellation of contracts and transaction agreements must comply with Clauses 2, 3, 4 and 5, Article 36 of Decree No. 23/2015/ND-CP and Clauses 1 and 2 of this Article.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 24.Certification competence in island districts

In island districts without commune-level People’s Committees, district-level Divisions of Justice shall make certification under Clauses 1 and 2, Article 5 of Decree No. 23/2015/ND-CP.

Article 25.Effect

1. This Circular takes effect on April 20, 2020.

2. This Circular replaces the Minister of Justice’s Circular No. 20/2015/TT-BTP of December 29, 2015, detailing and guiding the implementation of a number of articles of the Government’s Decree No. 23/2015/ND-CP of February 16, 2015, on grant of duplicates from master registers, certification of copies from originals, certification of signatures, and certification of contracts and transaction agreements.-

Minister of Justice
LE THANH LONG

* The Appendix to this Circular is not translated.