HÃNG LUẬT DHP

What is signature authentication?
Clause 1, Article 2 of Decree 23/2015/ND-CP stipulates as follows:
“Signature authentication” means that a competent agency or organization as prescribed in this Decree authenticates that the signature in a paper or document is the signature of the person requesting authentication.
Authority to carry out signature authentication
– Division of Justice of districts, towns, provincial cities have the authority and responsibility:
+ Authenticate signatures in papers and documents;
+ Attesting signatures of translators in papers and documents from foreign language to Vietnamese, from Vietnamese to foreign language.
– Commune-level People’s Committees have the authority and responsibility to:
Authentication of signatures in papers and documents, except for authentication of signatures of translators;
– Diplomatic missions, consular missions and other agencies authorized to perform the consular function of Vietnam abroad have the authority and responsibility to:
+ Authenticate signatures in papers and documents;
+ Attesting signatures of translators in papers and documents from foreign language to Vietnamese, from Vietnamese to foreign language.
Diplomatic and consular officers sign for certification and seal of the representative mission.
– Competent and responsible notary public: Attesting signatures in papers and documents, except for certifying signatures of translators.
Note: The signature authentication does not depend on the place of residence of the person requesting authentication.
Responsibilities of the person requesting authentication
The person who requests for signature authentication must be responsible for the contents of the papers and documents he or she signs to request signature authentication; not be required to authenticate signatures in papers or documents with the following contents:
– Content contrary to law or social ethics; propagandize, incite war, oppose the socialist regime of Vietnam; distort the history of the Vietnamese people; offend the honor, dignity and reputation of individuals and organizations; civil rights violations.
– Papers and documents containing the content of a contract or transaction, except for the case of a Power of Attorney for the case of authorization without remuneration, without compensation obligations of the authorized party and not related to the transfer of property ownership, the right to use real estate.
04 cases where signature cannot be authenticated
In the following cases, signatures cannot be authenticated as prescribed in Article 25 of Decree 23/2015/ND-CP
– At the time of authentication, the requester for signature authentication is not aware of and has no control over his behavior.
– The person requesting authentication of signature presents the ID card or Passport which is no longer valid or forged.
– Papers and documents signed by the requester for authentication contain contents that are contrary to law or social ethics; propagandize, incite war, oppose the socialist regime of Vietnam; distort the history of the Vietnamese people; offend the honor, dignity and reputation of individuals and organizations; civil rights violations.
– Papers and documents containing the content of a contract or transaction, except for the case of a Power of Attorney for the case of authorization without remuneration, without compensation obligations of the authorized party and unrelated to the transfer of property ownership, the right to use real estate or otherwise provided for by law.
Authenticate signature on Power of Attorney
The authorization specified at Point d, Clause 4, Article 24 of Decree No. 23/2015/ND-CP fully satisfies the conditions such as no remuneration, no compensation obligation of the authorized party and unrelated Regarding the transfer of property ownership and real estate use rights, it shall be done in the form of signature authentication on the power of attorney. And is done in the following cases:
– Authorization for the submission and receipt of documents and records on behalf of the family, except for cases where such authorization is not permitted by law;
– Authorization to receive pensions, postal parcels, allowances and allowances;
– Authorization to look after the house;
– Authorization of household members to borrow capital at the Bank for Social Policies.
In addition to the cases mentioned above, the person requesting authentication must carry out the procedures as prescribed on the authentication of contracts and transactions, and may not require authentication of signatures on the power of attorney.
Attestation of signatures on personal record declarations
When performing signature authentication on personal profile declarations, it is necessary to note:
– The person performing the authentication does not write any comments on the personal curriculum vitae, only records the testimonials according to the form specified in Decree 23/2015/ND-CP.
– In case the specialized law has other provisions on the recording of comments on the personal curriculum vitae, the specialized law shall be complied with.
– The person requesting authentication must be responsible for all contents of his/her personal curriculum vitae. For items that have no content in the personal curriculum vitae, they must be crossed out before requesting authentication.
Legal grounds:
– Decree 23/2015/ND-CP on issuance of copies from master registers, authentication of copies from originals, authentication of signatures and certification of contracts and transactions
– Circular 01/2020/TT-BTP guiding Decree 23/2015/ND-CP on issuance of copies from master registers, certification of copies from originals, authentication of signatures and certification of contracts and transactions
Xem thêm về văn bản nguồn nàyNhập văn bản nguồn để có thông tin dịch thuật bổ sung
Gửi phản hồi
Bảng điều khiển bên
Lịch sử
Đã lưu
Đóng góp