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When compiling documents for state-owned enterprises, private businesses, schools, and more, the demand for certified copies is universal. But what exactly are certified copies, and which entity is authorized to produce them? Explore these questions in the following article.
1. What is the essence of certified copies?
Certified copies are accurate reproductions of the content of a document presented in accordance with prescribed formats. The certified copy must be derived from the original document (Refer to Clause 4, Article 2, Decree 110/2004/ND-CP).
A certified copy is an authenticated reproduction derived from the original. A copy authenticated from the original is verified by authorized agencies or organizations based on the original to confirm its accuracy (According to Clause 2, Article 2, Decree 23/2015/ND-CP).
Thus, certified copies or notarized copies involve replicating the original document's content and form into multiple different documents, subsequently validated by competent state authorities to ensure accuracy compared to the original document.
According to regulations, certified copies can be classified into two types based on the language in the document requiring certification:
- Certified copy of Vietnamese language documents.
- Certified copy of documents with foreign language elements.
2. Which entity holds the authority to certify copies?
Based on Article 5 of Decree 23/2015/ND-CP, only specific organizations and agencies have the right to authenticate:
- Department of Justice at the ward, commune, district, city levels.
- People's Committee at the ward, commune, town levels.
- Diplomatic representation, consular representation, and other authorized agencies performing consular functions for Vietnam abroad.
- Notary public officers at the Notary Public Office.
3. Legal Implications
Legal validity is primarily determined by state agencies, varying for each type of document and authenticated at different agencies. According to Article 3 of Decree 23/ND-CP, legal validity is expressed as follows:
- A copy issued from the original register holds usability value in transactions, except where otherwise stipulated by law.
- A copy authenticated from the original document has usability value as a substitute for the original used for verification in transactions, except where otherwise stipulated by law.
- A notarized signature serves as evidence of the authentication requirement for the signed signature, establishing the signer's responsibility for the document's content.
- A notarized transaction contract provides evidence of time, location, the parties involved in the contract, the transaction; civil capacity, voluntary intent, signatures, or unique marks of the parties participating in the contract, transaction.
4. Documents Ineligible for Certified Copies
According to Decree 23/2015/ND-CP, the following cases prohibit the use of the original documents as a basis for certifying copies.
- Original documents or texts subjected to erasure, correction, addition, or removal of invalid content.
- Original documents or texts damaged, worn-out, or with indiscernible content.
- Original documents or texts sealed with the confidential seal of authorized agencies or organizations, or left unsealed but explicitly stating they cannot be copied.
- Original documents or texts containing content contrary to laws, ethics, and society; promoting war; opposing the socialist regime of Vietnam; distorting the history of the Vietnamese nation; offending the dignity, honor, and reputation of individuals, organizations; violating citizens' rights.
- Various types of concealed documents issued clandestinely by foreign authorities or unauthenticated certificates not legalized in accordance with regulations.
- Types of documents, texts self-prepared by individuals without confirmation and sealing by authorized agencies or organizations are also ineligible for certified copies.
Hope that the insights shared above about certified copies will assist you in addressing any queries you may have.
