CIRCULAR

INSTRUCTIONS ON THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE GOVERNMENT’S DECREE No. 23/2015/ND-CP DATED FEBRUARY 16, 2015 ON ISSUANCE OF COPIES FROM MASTER REGISTERS, CERTIFICATION OF TRUE COPIES FROM ORIGINALS AND AUTHENTICATION OF SIGNATURES, CONTRACTS AND TRANSACTIONS

Pursuant to the Government’s Decree No. 22/2013/ND-CP dated March 13, 2013 stipulating functions, tasks, powers and organizational structure of the Ministry of Justice;

Pursuant to the Government’s Decree No. 23/2015/ND-CP dated February 16, 2015 on issuance of copies from masters, certification of true copies from originals and authentication of signatures, contracts and transactions;

At the request of general director of Agency of Civil Status, Nationality and Authentication,

The Minister of Justice promulgates the Circular providing instructions on the implementation of a number of articles of the Government’s Decree No. 23/2015/ND-CP dated February 16, 2015 on issuance of copies from masters, certification of true copies from originals and authentication of signatures, contracts and transactions as follows:

Article 1. Governing scope

This Circular provides instructions on the implementation of a number of articles on certification of true copies from originals, authentication of signatures, grant of approval for the list of qualified affiliated translators, authentication of contracts, transactions and authority to perform authentication in island districts.

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1. For authentication requests which are received after 15:00, unable to be processed and responded within a day or require an extension for processing and response procedures to be completed as prescribed in Articles 21, 33 and 37 of the Government's Resolution No. 23/2015/ND-CP dated February 16, 2015 on issuance of copies from master registers, certification of true copies from originals, authentication of signatures, contracts and transactions (hereinafter referred to as “Decree No. 23/2015/ND-CP”), the person who receives such requests (hereinafter referred to as “the recipient”) shall issue an appointment note to applicants for authentication (hereinafter referred to as “the applicant”).

2. When receiving requests for authentication, the recipient and an official who performs authentication (hereinafter referred to as “the authenticator”) shall not be permitted to ask for any further procedures, cause any inconvenience and require more documents to be submitted in contravention of the Decree No. 23/2015/ND-CP and this Circular.

Article 3. Use of testimonies

1. If an estate is claimed or is rejected by multiple persons, the authenticator shall use the specimen testimonies to written claim on or rejection of estate as prescribed in the Decree No. 23/2015/ND-CP.

2. Enclosed herewith is the specimen testimony to authenticate signatures issued at the reception desk operated according to single-window system as prescribed in Clause 3, Article 24 of the Decree No. 23/2015/ND-CP.

Article 4. Numbers of certification of true copies from originals

Authentication numbers as prescribed in Clause 3, Article 20 of the Decree No. 23/2015/ND-CP are the authentication numbers noted on each document authenticated, not on the number of persons requesting authentication. For example: Mr. A goes to the People’s Committee of H Commune to apply for authentication of two copies of the ID card of Nguyen Van A, three copies of the ID card of Nguyen Thi B and one copy of the family register with Nguyen Van A as the householder. When taking numbers, two copies of the ID card of Nguyen Van A shall be noted as one number, three copies of the ID card of Nguyen Thi B as one number and one copy of the family register as one number.

Article 5. Retention of papers or documents concerning authentication of signatures, translators’ signatures

1. Agencies and organizations that perform authentication (hereinafter referred to as ‘the authenticating agency’) shall retain one copy of each authenticated document and paper or one scanned copy of such documents and papers with respect to authentication of signatures, translators’ signatures as prescribed in Clause 2, Article 14 of the Decree No. 23/2015/ND-CP.

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Article 6. Requirements for consular legalization of a number of papers issued by foreign countries’ competent agencies

Any personal papers issued by foreign competent agencies such as passports, ID cards or other papers like permanent resident cards, resident cards, driving licenses, academic degrees, certificates accompanied by transcripts shall not require consular legalization for certification of true copies from originals. Consular legalization for authentication of translators’ signatures on the translation of these documents is also not required.

Article 7. Duplicated or scanned copies of original documents

A duplicated or scanned copy of an original document to be authenticated shall include all pages containing information in the original document. For example: A copy of an original of the family register to be authenticated shall include all the cover pages and pages containing information about the members in the family register.

Article 8. Authentication of signatures on papers, documents in foreign language

When authenticating signatures on a document in a foreign language, the authenticator may ask the applicant to provide Vietnamese version of such document if he/she cannot understand the information clearly. The applicant shall be responsible for content of any translation of papers, documents without authentication.

Article 9. Qualifications and requirements of translators and popular languages

1. According to Clause 2, Article 27 of the Decree No. 23/2015/ND-CP, a translator shall attain at least a bachelor's degree in a foreign language in which he/she practices translation or at least a university degree in other specialties learned in a foreign language in which he/she practices translation. For example: Mr. Nguyen Van A has attained the Master of International Law in Chinese in China. With this degree, Mr. A is qualified to practice translation in Chinese. Mr. Nguyen Van B has attained the Master in Economics in Japan which was learned in English. With this degree, Mr. B is qualified to practice translation in English not Japanese.

2. Popular languages are languages that are popularly used in documents, papers in Vietnam and can be translated into Vietnamese and vice versa by the majority of Vietnamese people. For example: English, French, German, Russian, Chinese, Japanese, Korean, Spanish. Unpopular languages are languages that are used less popularly in documents and papers in Vietnam and can be translated into Vietnamese and vice versa by very few Vietnamese people. For example: Arabic, Indian, Mongolian …

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1. When making request for authentication of translators’ signatures, a translator in unpopular languages who has not obtained bachelor degrees in foreign languages or university degree as prescribed in Clause 2, Article 27 of the Decree No. 23/2015/ND-CP shall present her/his written commitment to mastering such unpopular language and take the responsibility for the translation.

2. The Office of Justice shall authenticate signatures of non-member translators only for documents and papers serving their personal purposes. Translation of documents and papers for other people including relatives, friends, colleagues or translation under an agreement with an organization or/or individual shall be carried out by a qualified affiliated translator from the Office of Justice.

Article 11. Approval for list of qualified affiliated translators

1. If a translator registers to work as a qualified affiliated translator in an unpopular language without credentials as prescribed in Clause 2, Article 27 of the Decree No. 23/2015/ND-CP, such translator may present other alternative papers (if any) and a written commitment to mastering such language.

2. The Office of Justice shall make a list of qualified affiliated translators for approval including resume of individual translators, ID cards, citizen cards or passports, place of residence, documents proving language level or a written commitment to mastering an unpopular language.

3. Within five working days since receipt of requests from the Office of Justice, the Service of Justice shall inspect the list of qualified affiliated translators submitted. The Office of Justice shall provide the written approval for translators who meets requirements as prescribed in Article 27 of the Decree No. 23/2015/ND-CP. The Service of Justice shall give a written notification of rejecting translators who fail to meet requirements as prescribed to the Office of Justice.

Article 12. Interpreters and witnesses

1. If the applicant is not fluent in Vietnamese, an interpreter shall be required. The interpreter shall be a person who is capable of sufficient civil acts according to laws, fluent in Vietnamese and languages spoken by the applicant. The interpreter shall be asked by the applicant or appointed by the authenticating agency. Interpreting service charges shall be paid by the applicant.

2. Witnesses as prescribed in Clause 3, Article 36 of the Decree No. 23/2015/ND-CP shall be arranged by the applicant or appointed by the authenticating agency. The witness shall provide his/her valid identity papers to the authenticator for inspection and signing on every page of the contract.

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1. To make a request for amendments, supplements to and postponement of a contract or transaction as prescribed in Article 38 of the Decree No. 23/2015/ND-CP, the applicant shall provide his/her valid personal identity papers to the authenticator for inspection, and an application which includes:

a) The authenticated contract or transaction;

b) Draft amendments, supplements to and postponement of the authenticated contract or transaction;

2. If the amendments and supplements are related to a property, the applicant shall provide a copy of the certificate of ownership, right to enjoyment of the property or other alternative papers prescribed by laws unless the testator is in a life-threatening situation.

3. Procedures for authentication of amendments, supplements to and postponement of a contract, transaction are stipulated in Clauses 2, 3, 4 and 5, Article 36 of the Decree No. 23/2015/ND-CP.

Article 14. Authority to perform authentication in island districts

For island districts without commune-level administrative units, the Office of Justice shall perform authentication as prescribed in Clause 1, Article 5 and Clause 2, Article 5 of the Decree No. 23/2015/ND-CP.

Article 15. Effect

1. This Circular takes effect since February 15, 2016.

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PP THE MINISTER
DEPUTY MINISTER




Nguyen Khanh Ngoc