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

DECREE

On grant of duplicates from master registers, certification of copies from originals,
certification of signatures and certification of
contracts and transactions^[1]

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

At the proposal of the Minister of Justice,

The Government promulgates the Decree on grant of duplicates from master registers, certification of copies from originals, certification of signatures and certification of contracts and transactions.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree prescribes the competence and procedures for grant of duplicates from master registers; certification of copies from originals; certification of signatures; certification of contracts and transactions; legal validity of duplicates granted from master registers; copies certified from originals; certified signatures, contracts and transactions; and state management of certification.

Article 2. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. “Grant of a duplicate from the master register” means that an agency or organization managing the master register bases itself on that master registers to grant a duplicate. The contents of a duplicate from the master register must be complete and accurate as those recorded in the master register.

2. “Certification of a copy from the original” means that a competent agency or organization prescribed in this Decree bases itself on the original to certify that copies from the original are true.

3. “Certification of a signature” means that a competent agency or organization prescribed in this Decree certifies that the signature on a paper or document is that of the certification requester.

 4. “Certification of a contract or transaction” means that a competent agency defined in this Decree certifies the time and place of concluding a contract or making a transaction; the civil act capacity, willingness, signatures or fingerprints of parties to that contract or transaction.

5. “Original” means a paper or document granted for the first time, re-granted or granted upon re-registration by a competent agency or organization, or made by a person and certified by a competent agency or organization with its seal.

6. “Copy” means a document photocopied from the original or a typewritten document which contains the full and accurate content like that recorded in the master register.

7. “Master register” means a register made by a competent agency or organization when granting originals in accordance with law, which contains full and accurate contents like the originals it has granted.

8. “Certified document” means a paper, document, contract or transaction which has been certified in accordance with this Decree.

9. “Certifiers” include heads and deputy heads of Justice Divisions of urban or rural districts, towns or provincial cities; chairpersons and vice chairpersons of People’s Committees of communes, wards or townships; notaries of public and private notary offices; diplomatic officers and consuls of Vietnamese diplomatic missions, consulates and other agencies authorized to perform the consular function overseas.

Article 3. Legal validity of copies granted from master registers, copies certified from originals and certified signatures, contracts and transactions

1. Copies granted from master registers are valid substitutes for their originals in transactions, unless otherwise provided by law.

2. Copies certified from originals in accordance with this Decree are valid substitutes for their originals used for comparison for certification in transactions, unless otherwise provided by law.

3. A signature certified in accordance with this Decree is valid for proving that the certification requester has signed that signature and serves as a basis for determining the signer’s responsibilities for the contents of papers or documents.

4. A contract or transaction certified in accordance with this Decree is valid for proving the time and place the parties sign the contract or make the transaction; the civil act capacity, willingness and signatures or fingerprints of the parties to that contract or transaction.

Article 4. Competence and responsibility to grant duplicates from master registers

1. Agencies or organizations managing master registers are competent and responsible for granting duplicates from those master registers in accordance with this Decree, unless otherwise provided by law.

2. Duplicates from master registers shall be granted concurrently with or after the grant of their originals.

Article 5. Certification competence and responsibility

1. Justice Divisions of rural districts, urban districts, towns or provincial cities (below referred to as district-level Justice Divisions) have the competence and responsibilities:

a/ To certify copies from originals of papers and documents granted or certified by competent Vietnamese or foreign agencies or organizations; or jointly by competent Vietnamese and foreign agencies or organizations;

b/ To certify signatures on papers and documents;

c/ To certify signatures of translators on papers and documents translated from foreign languages into Vietnamese or vice versa;

d/ To certify contracts and transactions involving movable assets;

dd/ To certify written agreements on division, or written declarations of receipt, of inheritances which are movable assets.

Heads and deputy heads of district-level Justice Divisions shall certify the affairs specified in this Clause, sign for certification and affix seals of their Justice Divisions.

2. People’s Committees of communes, wards or townships (below referred to as commune-level People’s Committees) have the competence and responsibilities:

a/ To certify copies from originals of papers and documents issued or certified by competent Vietnamese agencies;

b/ To certify signatures on papers and documents other than signatures of translators;

c/ To certify contracts and transactions involving movable assets;

d/ To certify contracts and transactions related to the exercise of land use rights prescribed by the Land Law;

dd/ To certify housing contracts and transactions in accordance with the Housing Law;

e/ To certify testaments;

g/ To certify written disclaims of inheritance;

h/ To certify written agreements on division of inheritances and written declarations of receipt of inheritances being the assets prescribed at Points c, d and dd of this Clause.

Chairpersons or vice chairpersons of commune-level People’s Committees shall sign for certification and affix the seals of their commune-level People’s Committees.

3. Vietnamese diplomatic missions, consulates and other agencies authorized to perform the consular function overseas (below referred to as representative missions) have the competence and responsibility to certify the affairs specified at Points a, b and c, Clause 1 of this Article. Diplomats and consuls shall sign for certification and affix the seals of their representative missions.

4. Notaries have the competence and responsibility to certify the affairs prescribed at Point a, Clause 1, and Point b, Clause 2, of this Article, sign for certification and affix seals of their public or private notary offices (below collectively referred to as notarial practice organizations).

5. The certification of copies from originals, signatures, contracts and transactions involving movable assets and testaments prescribed in this Article does not depend on the places of residence of certification requesters.

6. Certification of contracts and transactions related to land use rights shall be made at commune-level People’s Committees of the localities where the land concerned is located. Certification of housing contracts and transactions shall be made at commune-level People’s Committees of the localities where the houses concerned are located.

Article 6. Responsibilities of copy-receiving agencies and organizations

1. When submission of copies is prescribed by law, agencies and organizations shall accept copies and may not request submission of certified copies but may request submission of the originals for comparison. Persons making comparison shall certify the trueness of copies against their originals.

2. Agencies and organizations that receive duplicates granted from master registers or certified copies may not request submission of the originals for comparison unless they have grounds to believe that duplicates are counterfeit or illegal and, in this case, they may request submission of the originals for comparison or conduct verification when necessary.

Article 7. Time limit for certification

The time limit for certification is within the day an agency or organization receives a certification request or the subsequent working day if the certification request is received after 15:00 hours, except the cases prescribed in Articles 21, 33 and 37 of this Decree.

Article 8. Rights and obligations of certification requesters

1. To request certification at any agency or organization most convenient for them, except in the case prescribed in Clause 6, Article 5 of this Decree. In case of being refused for certification, to request the concerned agency or organization to give written explanation about its refusal or to lodge a complaint in accordance with law.

2. To take responsibility for the contents, validity and lawfulness of papers or documents to be certified or produced when carrying out certification procedures in accordance with this Decree.

Article 9. Obligations and rights of certifiers

1. To make certification in an honest, accurate and objective manner.

2. To take responsibility before law for their certification.

3. Not to certify contracts, transactions or signatures related to their own assets or interests or assets or interests of their spouses; natural or adoptive parents; natural or adoptive parents of their spouses; natural or adopted children, children-in-law; grandparents; siblings, siblings of their spouses; grandchildren being children of their natural or adopted children.

4. To refuse certification in the cases prescribed in Articles 22, 25 and 32 of this Decree.

5. To request related agencies, organizations and persons to provide necessary information for verification of the lawfulness of papers and documents to be certified.

6. To make records of seizure of papers or documents requested for certification, which are issued improperly, are counterfeit or contain the contents specified in Clause 4, Article 22 of this Decree, and send them to competent state agencies for handling in accordance with law.

7. To guide certification requesters in supplementing certification dossiers which are incomplete or in submitting dossiers to competent certification agencies if dossiers are submitted to improper agencies.

In case of refusal of certification, to issue a written reply clearly stating the reason to certification requesters.

Article 10. Places of certification

1. Certification shall be made at the office of a competent certification agency or organization, except in case of certification of testaments, contracts, transactions or signatures where the certification requester is old and cannot travel, is held in custody or temporarily detained or is serving an imprisonment sentence, or for another plausible reason.

2. Upon certification, the place of certification shall be clearly specified. In case of certification outside the office of the certification authority, the time (hour and minute) of certification shall be clearly specified.

A certification agency or organization shall arrange staff to receive certification requests on weekdays and post up at its head office information on its working hours and certification power, procedures, time and fee.

Article 11. Language and script used in certification of contracts and transactions

The language and script used in the certification of contracts and transactions must be Vietnamese. In case a certification requester is not proficient in Vietnamese, he/she must have an interpreter.

Article 12. Certification statement

1. Certification statement is a compulsory content of a written certification.

2. The forms of certification statement promulgated together with this Decree include:

a/ Statement of certification of copy from the original;

b/ Statement of certification of signature, comprising statement of certification of signature of a person on a paper or document; statement of certification of signatures of many persons on a paper or document; statement of certification of fingerprint; statement of certification in case signature or fingerprint cannot be made;

c/ Statement of certification of signature of translator;

d/ Statement of certification of contract or transaction, comprising statement of certification of contract or transaction; statement of certification of written agreement on inheritance division; statement of certification of inheritance receipt declaration; statement of certification of testament; statement of certification of written disclaim of inheritance.

Article 13. Certification registers and numbers

1. The certification register shall be used to monitor and manage affairs certified at a certification agency or organization. The certification register shall be written consecutively according to the order of pages without any vacant space, have a seal appended on every two adjoining pages from the first to the last page of the register and be recorded by year. When a year ends, the register shall be closed and the total number of affairs certified in the year shall be calculated with the certification, signature and full name of the certification signer and seal.

2. Certification number is the serial number written in a certification register together with the register number, year of certification and symbol of type of certification. Certification numbers in a certification register shall be written consecutively from number 01 till the year ends. In case another register is used when the year has not ended, the numbers must continue those from the previous register and must not start with number 01. For a register which is used for the subsequent year, the first case of certification of the subsequent year shall be numbered 01, but not the number following the last number of the previous year.

The number of a written certification must be the number of certification written in the certification register.

3. A certification agency or organization which has applied information technology to certification shall ensure all the contents of the form of certification register promulgated together with this Decree. A certification agency or organization shall monthly make printouts, bind them into books and append a seal on every two adjoining pages; and through December 31 every year make a general certification register by type of certification made in 1 (one) year. The making, certification numbering and closure of certification registers must comply with Clauses 1 and 2 of this Article.

4. The forms of certification register promulgated together with this Decree include:

a/ Register of certification of copies from originals (SCT/BS);

b/ Register of certification of signatures and finger-prints (SCT/CK,DC);

c/ Register of certification of signatures of translators (SCT/CKND);

d/ Register of certification of contracts and transactions (SCT/HD,GD).

Article 14. Regime on archives

1. Certification registers are archival documents of the State and shall be preserved and kept permanently at the offices of certification agencies and organizations.

2. For certification of signatures and signatures of translators, certification agencies shall keep a copy of certified papers or documents for 2 (two) years.  For certification of signatures of judicial assessors in written conclusions on judicial assessment and certification of copies from originals, archives are not required.

3. For certification of contracts and transactions, certification agencies shall keep one original contract or transaction together with dossiers for 20 (twenty) years.

4. Certification agencies and organizations may not collect other fees and charges for certified documents kept according to Clauses 2 and 3 of this Article; and preserve and keep certification registers and certified documents.

5. The destruction of certified documents upon termination of archival periods must comply with the law on archives.

Article 15. Certification fees and other charges

1. Persons requesting certification at district-level Justice Divisions, commune-level People’s Committees and representative missions shall pay the certification fee in accordance with law.

2. The fee level and regime on collection, remittance, management and use of the certification fee must comply with law.

3. A certification requester that requests a certification agency to print, photocopy or typewrite papers or documents shall pay charges for such.

At home, the ceiling charges shall be set by provincial-level People’s Committees based on the practical situation of their localities. Abroad, charges shall be set by heads of representative missions based on the practical situation overseas.

Chapter II

GRANT OF DUPLICATES FROM MASTER REGISTERS, CERTIFICATION OF COPIES FROM ORIGINALS, CERTIFICATION OF SIGNATURES

Section 1

GRANT OF DUPLICATES FROM MASTER REGISTERS

Article 16. Persons and organizations entitled to request grant of duplicates from master registers

1. A person or an organization that has been granted an original.

2. The lawful representative of, or a person authorized by, a person or an organization that has been granted an original.

3. The father, mother, child, spouse, sibling or another heir of a deceased person who has been granted an original.

Article 17. Procedures for grant of duplicates from master registers

1. A requester of grant of duplicates from the master register shall produce the original or a certified copy of his/her valid identity card or passport to the dossier recipient for examination.

A requester of grant of duplicates from the master register who is a person prescribed in Clause 2 or 3, Article 16 of this Decree shall produce papers proving the relationship with the person who has been granted the original.

2. An agency or organization shall grant duplicates to a requester based on the master register. The contents of a copy must be exactly as written in the master register. In case the master register is no longer kept or the master register does not contain the information requested for grant of a duplicate, the agency or organization shall issue a written reply to the requester.

3. If sending a request for grant of duplicates from the master register by post, the requester shall send certified copies of the papers specified in Clause 1 of this Article and 1 (one) stamped envelop clearly indicating the full name and address of the recipient to the duplicate-granting agency or organization.

4. The time limit for grant of duplicates from master registers must comply with Article 7 of this Decree. For request for grant of duplicates from master registers sent by post, the time limit shall be counted right from the time an agency or organization receives a complete and valid dossier according to the arrival postmark.

Section 2

CERTIFICATION OF COPIES FROM ORIGINALS

Article 18. Papers and documents serving as the basis for certification of copies from originals

1. Original papers and documents issued by competent agencies or organizations.

2. Original papers and documents made by individuals, which are certified by, and appended with seals of, competent agencies or organizations.

Article 19. Responsibilities of certification requesters and certifiers of copies from originals

1. A requester of certification of copies from the original shall take responsibility for the contents, validity and lawfulness of the original paper or document used as the basis for certification of copies, and may not request certification of copies for the original paper or document prescribed in Article 22 of this Decree.

2. A certifier shall take responsibility for the trueness of copies to their originals.

Article 20. Procedures for certification of copies from originals

1. A certification requester shall produce the original paper or document used as the basis for certification and the copies to be certified.

In case the original paper or document is issued, notarized or certified by a competent foreign agency or organization, this paper or document shall be consularly legalized in accordance with law before requesting certification of copies except in case consular legalization is exempted under a treaty to which Vietnam is a contracting party or according to the reciprocity principle.

2. In case the certification requester only produces the original, the agency or organization shall photocopy the original to make certification except in case the agency or organization has no photocopier.

3. A certifier shall examine the original and compare it with its copies and, if copies are true to the original and the original paper or document does not fall into one of the cases specified in Article 22 of this Decree, make certification as follows:

a/ Making the full statement of certification of copies from the original according to the set form;

b/ Signing, writing his/her full name and affixing the seal of the certification agency or organization and recording in the certification register.

For a copy with 2 (two) or more pages, the certification statement shall be written on the last page and seal shall be appended on every two adjoining pages.

One copy or many copies certified from one original paper or document at the same time shall be assigned one certification serial number.

Article 21. Extension of time limit for certification of copies from originals

For request for certification of copies from different original papers or documents; originals having many pages; request for a large number of copies; or papers or documents with complicated contents difficult for examination and comparison for which a certification agency or organization cannot meet the time limit prescribed in Article 7 of this Decree, the time limit for certification may be extended for another 2 (two) working days at most or longer under a written agreement with the certification requester.

Article 22. Original papers and documents not allowed for use as the basis for certification of copies

1. The original is erased, modified or added or cut with invalid contents.

2. The original is so damaged or rumpled that its content is unreadable.

3. The original is appended with a confidentiality mark of a competent agency or organization or clearly indicated as not allowed for copying.

4. The original contains contents contrary to law or social ethics; propagating and inciting war or against the socialist regime of Vietnam; distorting the history of Vietnamese people; hurting the honor, dignity or prestige of a person or an organization; or infringing upon citizens’ rights.

5. The original is issued, notarized or certified by a competent foreign agency or organization but has not yet been consularly legalized according to Clause 1, Article 20 of this Decree.

6. The original is a paper or document made by a person without certification and seal of a competent agency or organization.

Section 3

CERTIFICATION OF SIGNATURES

Article 23. Responsibilities of certification requesters and certifiers of signatures

1. A requester of certification of a signature shall take responsibility for the contents of the to be-certified paper or document signed by him/her and may not request certification of his/her signature on papers or documents with the contents specified in Clause 4, Article 22, and Clause 4, Article 25, of this Decree.

2. A certifier shall take responsibility for the trueness of the signature of a certification requester on a paper or document.

Article 24. Procedures for certification of signatures

1. A person requesting certification of his/her signature shall produce the following papers:

a/ The original or a certified copy of his/her valid identity card or passport;

b/ The paper or document he/she will sign.

2. A certifier shall examine the paper or document to be certified, and, if all the papers required under Clause 1 of this Article are available and at the time of certification the certification requester is mentally sound and can perceive and control his/her acts and the certification does not fall into one of the cases specified in Article 25 of this Decree, shall ask the certification requester to sign the paper or document in the presence of the certifier and make certification as follows:

a/ Making the full statement of certification of a signature according to the set form;

b/ Signing, writing his/her full name, affixing the seal of the certification agency or organization and recording in the certification register.

For a paper or document with 2 (two) or more pages, the certification statement shall be written on the last page and a seal shall be appended on every two adjoining pages.

3. In case of certification of signatures at the section receiving dossiers and notifying results under the single-window or inter-agency single-window regime, the dossier recipient shall examine papers and request the certification requester who meets all the conditions prescribed in Clause 2 of this Article to sign the paper to be certified and send this paper to a person competent to sign for certification.

4. The procedures for certification of signatures prescribed in Clauses 1, 2 and 3 of this Article must also apply to the following cases:

a/ Certification of signatures of different persons on the same paper or document;

b/ Certification of the signature of a person on his/her personal resume;

c/ Certification of the signature of a person on a paper or document made by this person in accordance with law;

d/ Certification of signatures in written authorization in case of authorization without remuneration, without compensation obligations of the authorized party and not related to the transfer of the right to own assets or to use immovables.

Article 25. Cases not allowed for certification of signatures

1. At the time of certification, the certification requester cannot perceive and control his/her acts.

2. The signature certification requester produces an invalid or counterfeit identity card or passport.

3. The paper or document signed by the certification requester contains the contents prescribed in Clause 4, Article 22 of this Decree.

4. The paper or document contains contents of a contract or transaction, except in the cases prescribed at Point d, Clause 4, Article 24 of this Decree or in case otherwise prescribed by law.

Article 26. Application in special cases

The certification of signatures prescribed in Articles 23 and 24 and cases not allowed for signature certification prescribed in Article 25 of this Decree must also apply in the case of certification of fingerprint when the certification requester cannot sign and in case the certification requester can neither sign nor make fingerprint.

Contents of the certification statement shall be written according the form prescribed in this Decree on a case-by-case basis.

Section 4

TRANSLATORS, CERTIFICATION OF SIGNATURES OF TRANSLATORS

Article 27. Criteria of and conditions on translators

1. To have the full civil act capacity in accordance with law.

2. To hold a bachelor or higher degree or a tertiary or higher degree in the foreign language to be translated.

For an unpopular language in which a translator does not hold a bachelor or tertiary degree as prescribed in this Clause, the translator must be proficient in this language.

Article 28. Translation collaborators

1. Persons who satisfy the criteria and conditions prescribed in Article 27 of this Decree may act as translation collaborators of district-level Justice Divisions nationwide. District-level Justice Divisions shall examine criteria and conditions of translation collaborators and make a list of their translation collaborators and report it to provincial-level Justice Departments for approval.

2. The district-level Justice Division shall post up at its office the list of translation collaborators approved by the provincial-level Justice Department to facilitate certification requesters in contacting translators.

3. A translation collaborator of a district-level Justice Division shall sign with the latter a translation collaboration contract which must clearly state responsibilities of the translator for the translation contents and quality.

Article 29. Registration of specimen signatures

A translation collaborator of a district-level Justice Division shall register his/her specimen signature with the latter. Upon signature registration, the translator shall submit a written registration of specimen signature and sign 3 (three) signatures in this registration in the presence of the head of the district-level Justice Division.

Article 30. Responsibilities of translators and certifiers of signatures of translators

1. A translator shall take responsibility before his/her customers and the certification agency for the accuracy of translation contents and may not translate the papers and documents specified in Article 32 of this Decree for requesting certification of signatures of translators.

2. Certifiers shall take responsibility for the trueness of signatures of translators in the translation.

Article 31. Procedures for certification of signatures of translators

1. A translation collaborator of a district-level Justice Division who requests certification of his/her signature shall produce the translation and the translated paper or document.

Before making certification, a certifier shall check the signature of the translator in the translation against his/her specimen signature. In case doubtful about the signature in the translation against the specimen signature, the certifier shall request the translator to sign in the certifier’s presence.

2. A person other than a translation collaborator of a district-level Justice Division who himself/herself translates a paper or document for personal use and requests certification of his/her signature in the translation shall produce the following papers:

a/ The original or a certified copy of his/her valid identity card or passport;

b/ The original or a duplicate from the master register or a certified copy of one of the papers specified in Clause 2, Article 27 of this Decree, except in case of translation from or into an unpopular language in which the translator does not hold a bachelor or tertiary degree but is proficient in such language;

c/ The translation enclosed with the translated paper or document.

The certification requester shall sign in the presence of the certifier, except in the case prescribed in Clause 3, Article 24 of this Decree.

3. A certifier shall examine the paper to be certified, depending on each case, if finding all the papers required under Clause 1 or 2 of this Article are complete and the translated paper or document does not fall into the cases prescribed in Article 32 of this Decree, the certifier shall make certification as follows:

a/ Writing the full statement of certification of the signature of a translator according to the set form;

b/ Signing, clearly writing his/her full name, affixing the seal of the certification agency or organization and recording in the certification register.

For a translated paper or document with 2 (two) or more pages, the statement of certification shall be written on the last page and seal shall be appended on every two adjoining pages.

4. In case the translator is a diplomat or consul who is concurrently the certifier at a representative mission, this person shall commit to having translated accurately the contents of the paper or document; sign, write his/her full name and affix the seal of the representative mission to the translation.

Article 32. Papers and documents not allowed for translation for certification of signatures of translators

1. Papers or documents which are erased, modified or added or cut with invalid contents.

 2. Papers or documents which are so damaged or rumpled that their content is unreadable.

3. Papers or documents which are appended with a confidentiality mark of a competent agency or organization or clearly indicated as not allowed for translation.

4. Papers or documents which contain the contents prescribed in Clause 4, Article 22 of this Decree.

5. Papers or documents issued, notarized or certified by a competent foreign agency or organization but not yet been consularly legalized according to Clause 1, Article 20 of this Decree.

Article 33. Time limit for certification of signatures of translators

The time limit for certification of the signature of a translator must comply with Article 7 of this Decree or may be extended under a written agreement with the certification requester.

Chapter III

CERTIFICATION OF CONTRACTS AND TRANSACTIONS

Article 34. Scope of certification of contracts and transactions

1. Contracts and transactions subject to certification as prescribed by law.

2. Contracts and transactions the certification of which is not required by law but is requested by individuals or organizations. 

Article 35. Responsibilities of certification requesters and certifiers of contracts and transactions

1. A certification requester shall take full responsibility for the contents of the contract or transaction and for the validity and lawfulness of the papers prescribed at Point c, Clause 1, Article 36 of this Decree.

2. A certifier shall take responsibility for the time and place of concluding the contract or making the transaction; and for the civil act capacity, willingness, signatures or fingerprints of the parties to that contract or transaction.

A certifier may refuse to certify a contract or transaction with contents contrary to law or social ethics.

Article 36. Procedures for certification of contracts and transactions

1. A certification requester shall submit 1 (one) set of dossier of request for certification, comprising the following papers:

a/ The draft contract or transaction;

b/ Copy of the valid identity card or passport of the certification requester;

c/ Copy of the ownership or use right certificate or copy of a substitute paper as prescribed by law for the asset subject to ownership or use right registration under law in case the contract or transaction is related to that asset; except in the case the life of the testament maker is being threatened.

Copies of the papers prescribed at Points b and c of this Clause shall be accompanied by the originals for comparison.

2. A certifier shall examine the papers in the dossier. If the dossier is complete and at the time of certification, the parties to the contract or transaction is voluntary and mentally sound and can perceive and control their acts, the certifier shall make certification.

3. The parties to a contract or transaction shall sign before the certifier. Persons competent to conclude contracts of credit institutions or enterprises who have registered specimen signatures with the certification agency may sign the contract in advance. Before making certification, the certifier shall check their signatures in the contract against their specimen signatures. If doubtful that a signature in the contract is different from the specimen one, the certifier shall request that person to sign in the presence of the certifier.

A certification requester who cannot sign shall press his/her fingerprint. If he/she cannot read, hear, sign, or press fingerprint, there must be 2 (two) witnesses who have the full civil act capacity and have no rights, interests or obligations related to the contract or transaction.

4. A certifier shall make the certification statement corresponding to each type of contract or transaction according to the set form; sign, write his/her full name, affix the seal of the certification agency and record in the certification register. For a contract or transaction with 2 (two) or more pages, the pages each shall be numbered and signed by the certification requester and certifier and the certification statement shall be written in the last page of the contract or transaction. A contract or transaction with 2 (two) or more pages must have a seal appended on every adjoining pages.

5. In case a translator is needed, the translator shall fully and accurately translate the contents of the contract or transaction and the certification statement for the certifier and sign every page of the contract.

Article 37. Time limit for certification of contracts and transactions

The time limit for certification of a contract or transaction is 2 (two) working days after receiving a complete dossier of request for certification or may be extended under a written agreement with the certification requester.

Article 38. Certification of modification, supplementation and cancellation of contracts and transactions

1. A certified contract or transaction may be modified, supplemented or cancelled only when there is a written agreement between the parties to that contract or transaction.

2. A contract or transaction shall be modified, supplemented or cancelled at the agency having certified that contract or transaction. Modification, supplementation, replacement or cancellation of part or the whole of a testament may be certified at any competent certification agency. The agency having modified, supplemented, replaced, or cancelled part or the whole of, a testament shall notify in writing the previous certification agency of the modified, supplemented, replaced or partially or wholly cancelled contents of the testament for recording in the contract and transaction certification register.

Article 39. Correction of errors in certified contracts and transactions

1. Errors made in the recording, typewriting and printing of a certified contract or transaction shall be corrected under a written agreement between the parties to that contract or transaction if such does not affect the rights and obligations of the parties and the correction shall be made at the agency having certified that contract or transaction.

2. The certifier shall underline the errors to be corrected, affix the seal of the certification agency and write on the margin of the contract or transaction the modified contents, full name and signature of the corrector and date of correction.

Article 40. Grant of certified copies from certified original contracts and transactions

1. The contract and transaction archives agency shall grant certified copies from certified original contracts or transactions at the request of parties, or persons with rights and obligations related, to those contracts or transactions.

2. A person requesting grant of a certified copy from the original contract or transaction shall produce the original or a certified copy of his/her valid identity card or passport to the certifier for examination.

3. The certification of copies from original contracts and transactions prescribed in Clauses 1 and 2 of this Article must comply with Clauses 2 and 3, Article 20 of this Decree.

Chapter IV

STATE MANAGEMENT OF CERTIFICATION

Article 41. Responsibilities of the Ministry of Justice for state management of certification

The Ministry of Justice shall assist the Government in performing the uniform state management of certification nationwide, having the following tasks and powers:

1. To draft, propose competent state agencies to promulgate or promulgate according to its competence legal documents on certification.

2. To guide and direct the implementation of legal documents on certification.

3. To examine and inspect certification activities; to settle complaints and denunciations and handle certification-related administrative violations according to its competence.

4. To apply information technology to certification and state management of certification.

5. To carry out international cooperation on certification.

6. To annually review the situation of and make statistics on certification affairs to the Government.

Article 42. Responsibilities of the Ministry of Foreign Affairs for state management of certification

1. The Ministry of Foreign Affairs shall coordinate with the Ministry of Justice in performing the state management of certification toward representative missions, having the following tasks and powers:

a/ To guide, direct, examine and inspect certification work at representative missions;

b/ To organize certification training for diplomats and consuls assigned with certification work at representative missions;

c/ To annually review the situation of and make statistics on certification of representative missions and send them to the Ministry of Justice for summarization;

d/ To settle complaints and denunciations and handle certification-related administrative violations according to its competence.

2. Representative missions shall perform the state management of certification within their areas, having the following tasks and powers:

a/ To certify affairs under their competence prescribed in this Decree;

b/ To keep certification registers and certified documents;

c/ To settle complaints and denunciations and handle certification-related administrative violations according to their competence;

d/ To annually review the situation of and make statistics on certification and report them to the Ministry of Foreign Affairs according to regulations.

Consuls and diplomats in charge of certification shall assist representative missions in performing the tasks specified at Points a, b and d, Clause 2 of this Article.

Article 43. Responsibilities of People’s Committees at all levels for certification

1. Provincial-level People’s Committees shall perform the state management of certification in their localities, having the following tasks and powers:

a/ To organize the implementation of legal documents on certification in their localities;

b/ To provide guidance and professional training in certification for certification officers of district-level Justice Divisions and commune-level People’s Committees and notaries of notarial practice organizations;

c/ To organize public information on the law on certification;

d/ To apply information technology to certification and state management of certification within their localities, to meet requirements on information supply and exchange;

dd/ To supervise and inspect certification activities of district-level Justice Divisions, commune-level People’s Committees and notarial practice organizations; to adopt measures to redress the abuse of the requirement for certified copies of papers and documents upon carrying out administrative procedures in their localities;

e/ To settle complaints and denunciations and handle certification-related administrative violations according to their competence;

g/ To biannually and annually review the situation of, and make statistics on, certification in their localities and report them to the Ministry of Justice according to regulations.

Provincial-level Justice Departments shall assist provincial-level People’s Committees in performing the tasks specified at Points a, b, c, d, dd and g of this Clause.

2. District-level People’s Committees shall perform the state management of certification in their localities, having the following tasks and powers:

a/ To provide guidance and professional training in certification for certification officers of commune-level People’s Committees in their localities;

b/ To organize public information on the law on certification;

c/ To grant certified copies from certified original contracts and transactions;

d/ To keep certification registers and certified documents;

dd/ To supervise and inspect certification activities of commune-level People’s Committees; to adopt measures to redress the abuse of the requirement for certified copies of papers and documents upon carrying out administrative procedures in their localities;

e/ To settle complaints and denunciations and handle certification-related administrative violations according to their competence;

g/ To biannually and annually review of the situation of, and make statistics on, certification and report them to provincial-level People’s Committees according to regulations.

District-level Justice Divisions shall assist district-level People’s Committees in performing the tasks prescribed at Points a, b, c, d, dd and g of this Clause and certify affairs under their competence in accordance with this Decree. Heads and deputy heads of district-level Justice Divisions shall notify provincial-level Justice Departments of their specimen signatures for certification.

3. Commune-level People’s Committees shall perform the state management of certification in their localities, having the following tasks and powers:

a/ To certify affairs under their competence in accordance with this Decree;

b/ To organize public information on, and mobilize people to observe, the law on certification;

c/ To grant certified copies from certified original contracts and transactions;

d/ To keep certification registers and certified documents;

dd/ To settle complaints and denunciations and handle certification-related administrative violations according to their competence;

e/ To biannually and annually review of the situation of, and make statistics on, certification and report them to district-level People’s Committees according to regulations.

Judicial-civil status officers shall assist commune-level People’s Committees in performing the tasks specified at Points a, b, c, d and e of this Clause. Chairpersons and vice chairpersons of commune-level People’s Committees shall notify provincial-level Justice Departments of their specimen signatures for certification.

Article 44. Handling of violations

1. The sanctioning of administrative violations for certifiers, certification requesters and translators must comply with the law on handling of administrative violations.

2. A certifier who, due to his/her fault, causes damage to a person or an organization shall be disciplined and pay compensation in accordance with law.

3. A translator who, due to his/her fault, causes damage to the translation requester shall pay compensation in accordance with law.

Article 45. Complaints, denunciations and settlement of complaints and denunciations

The lodging and settlement of complaints and denunciations about violations of law in certification activities must comply with the law on complaints and denunciations.

Chapter V

IMPLEMENTATION PROVISIONS

Article 46. Tasks of notarial practice organizations

Notarial practice organizations shall keep certification registers and certified documents; biannually and annually review the situation of, and make statistics on, certification and report them to provincial-level Justice Departments according to regulations.

Article 47. Transitional provisions

1. For district- and commune-level areas in which the certification of contracts and transactions has been transferred to notarial practice organizations, the modification, supplementation, cancellation and correction of errors made in contract and transaction recording, typewriting and printing of the contracts and transactions which have been certified at district- and commune-level People’s Committees shall still be conducted at the district- and commune-level People’s Committees having made such certification.

2. District-level People’s Committees shall certify contracts and transactions on urban housing prescribed in Article 93 of the 2005 Housing Law through June 30, 2015.

Article 48. Effect

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

2. This Decree replaces the Government’s Decree No. 79/2007/ND-CP of May 18, 2007, on grant of duplicates from master registers, certification of copies from originals, certification of signatures; and Decree No. 04/2012/ND-CP of January 20, 2012, amending and supplementing Article 5 of the Government’s Decree No. 79/2007/ND-CP of May 18, 2007, on grant of duplicates from master registers, certification of copies from originals, certification of signatures; Article 4 of the Government’s Decree No. 06/2012/ND-CP of February 2, 2012, amending the Decree on civil status, marriage and family and certification; and provisions on certification of contracts and transactions of the Government’s Decree No. 75/2000/ND-CP of December 8, 2000, on notarization and certification.

Article 49. Implementation responsibilities

1. The Minister of Justice shall guide the implementation of this Decree.

2. The Minister of Finance and the Minister of Foreign Affairs shall, within the ambit of their tasks and powers, coordinate with the Minister of Justice in guiding the implementation of this Decree.

3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN TAN DUNG

Notes: All the forms promulgated together with this Decree are not translated.