Can certificates of land use rights without the land use term be used as originals when certifying the copy in Vietnam? What is time limit for authentication in Vietnam? What are regulations on procedures for certification of true copies from originals in Vietnam?
Hello, let me ask you, I need to certify the certificate of land use rights. However, when I was about to bring the certificate of land use rights for certification, I was told that the land use term in the certificate had expired. So, can I ask if I can bring the certificate of land use rights as the original to authenticate?
Please advise. Thankyou.
In Article 18 of Decree 23/2015/ND-CP, there are regulations on papers, documents as the basis for certification of true copies from originals as follows:
1. Originals of papers, documents issued by competent agencies, organizations;
2. Originals of papers, documents prepared by individuals with confirmation and seals from competent agencies, organizations;
In Article 22 of Decree 23/2015/ND-CP, there are regulations on originals of papers, documents that can not serve as the basis for certification of true copies as follows:
1. Originals with information being erased, modified, added or cut arbitrarily;
2. Originals that are damaged, crushed with information being not identifiable.
3. Originals affixed with a 'confidential’ seal of a competent agency or affixed no seal but with a notice “photocopying is not permitted”.
4. Originals containing information going against the law and social ethics, information propagating war inciting, anti-Vietnamese socialist regime, distorting history of Vietnamese people, offending reputations, dignities, prestige and citizenship of organizations, individuals.
5. Originals that issued, notarized or certified by competent agencies from foreign countries without consular legalization as prescribed in Clause 1, Article 20 hereof.
6. Papers, documents prepared by individuals without confirmation and seals from competent agencies, organizations;
Pursuant to current regulations in Vietnam, in case the certificate of land use rights has no longer valid for land use but still meets the conditions on papers and documents as the basis for certification of true copies, it is not in the case that it is not allowed to use as the basis for certification of true copies. It can still be used as the original when authenticated.
In Article 7 of Decree 23/2015/ND-CP, time limit for authentication is as follows:
Time limit for authentication must be ensured right in the day the request for authentication is received or in the following day if the request is received after 15 hours except otherwise as prescribed in Articles 21, 33 and 37 hereof.
According to this Article, normally, the time limit for authentication is within the same day, if the request is received after 15 hours, it must be resolved on the next working day, except for some cases as prescribed in Vietnam.
In Article 20 of Decree 23/2015/ND-CP, there are regulations on procedures for certification of true copies from originals as follows:
1. Requesters must present originals of papers and documents as the basis for certification of true copies and a copy to be certified as true.
In case originals of papers, documents that were issued, notarized or certified by a foreign competent agency or organization, they must be consular legalized according to the law before certification of true copies is performed except cases of exemption from consular legalization as prescribed in the International Agreement to which Vietnam is a signatory or according to the principle of reciprocity;
2. In case requesters present originals only, the agency or organization shall have them photocopied for authentication except the agency or organization has no means of photocoying.
3. Authenticating person shall examine originals and make comparison. If information of copies is the same as that of originals, originals of paper, documents other than as defined in Article 22 hereof, authentication shall be performed as follows:
a) Fully write testimonies for certification of true copies from originals according to the form as regulated;
b) Sign and write full name, affix seal of the agency that performs authentication and record it in the authentication book.
If a copy has at least two pages, testimonies should be written in the last page, or a copy has at least two sheets, a stamp must be affixed on its adjoining edges.
One or more copies that are authenticated from one original at the same time shall be noted in the book with only one authentication number.
Thus, procedures for certification of true copies from originals will be carried out in accordance with the above provisions in Vietnam.
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