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blue-check Passport’s copy must have all pages containing information

Official letter No. 4330/BTP-HTQTCT dated November 20th, 2020 of the Ministry of Justice regarding reply to a citizen’s proposal
VietlawOnline

According to Clause 2, Clause 5 Article 2 of Decree No. 23/2015/ND-CP the “copy” used for certifying copy of original as true may be the document photocopied from the original or the typewritten document which contains the full and accurate content like that recorded in the original. Read more

At the same time, Article 10 of Circular No. 01/2020/TT-BTP regulates “copies from master registers for authentication must fully include pages of the master registers containing information”.

Accordingly, when certifying copies of originals as true of a passport, it is required the copies/ photocopies of all pages which contain information of the passport, including the page containing visa information (excluding pages having no information).

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blue-check Some new regulations on authenticating copies, contracts

Circular No. 01/2020/TT-BTP dated March 3rd, 2020 of the Ministry of Finance on elaborating to Decree No. 23/2015/ND-CP dated February 16, 2015 of Government on issuing copies from master registers, certification of true copies from originals, authentication of signatures and contracts
VietlawOnline

In comparison with the earlier regulations, this Circular supplements some new points as follows: Read more

- Authentication number for contracts shall be assigned on a case-by-case basis; do not grant number depending on number of applicants or number of contracts.

- Upon applying for authenticating copy from master register of a passport, it is required to have full photos of the cover and all pages of the passport that contains information

- In case of documents bearing signatures of many people, all of the signatures in the documents must be authenticated

- Signatures on these types of authorization letter must be authenticated: authorization for submission and receipt of documents; authorization for receipt of pension, postal parcel, allowances and benefits; authorization for housekeeping; authorizing household members to borrow loans.

- Applicants for contract authentication shall sign in front of persons receiving the applications. With regard to enterprises, credit institutions that have registered sample signatures of representatives at authenticating agencies, the representatives may sign the contract first.

This Circular takes effect from April 20th, 2020 and replaces Circular No. 20/2015/TT-BTP dated December 29th, 2015.

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blue-check Paper proving a foreign worker entitled to be exempt the work permit is not required the consular legalization

Official letter No. 1247/CVL-QLLD dated November 21st, 2019 of the Employment Department regarding notarization, certification of documentation
VietlawOnline

According to point d Clause 3 Article 8 of Decree No. 11/2016/ND-CPstatus1 , the paper proving a foreign worker exempt from the work permit is 01 copy accompanied by the original for comparison or 01 authenticated copy. Read more

With regard to papers granted by foreign agencies, they are exempt from consular legalization but must be translated into Vietnamese and notarized as prescribed by Vietnam's laws.

Regarding notarization, certification of foreign documents at notary bureaus or notary offices, companies should contact with the Ministry of Justice for having reply.

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blue-check Charge for attesting a contract or transaction shall be increased from 2017

Circular No. 226/2016/TT-BTC of November 11th, 2016 of the Ministry of Finance on the rate, collection, submission, administration and use of certification and attestation fees
VietlawOnline

This Circular is to increase the charge for attesting a contract or transaction from VND 30,000 to VND 50,000 (for the first attestation), from VND 20,000 to VND 30,000 (for attestation of amendment, supplementation or cancellation of a contract or transaction) and from VND 10,000 to VND 25,000 (for correction of errors in an attested contract or transaction). Read more

The charge for certifying a copy of an original is still VND 2,000/page and VND 1,000/page beyond two pages; however, the charge per copy shall not exceed VND 200,000. Charge for attesting a signature is sill VND 10,000/case

This Circular takes effect from January 1st, 2017. To replace Joint Circular No. 158/2015/TTLT-BTC-BTPstatus1 dated October 12th, 2015 and point 7, point 8 clause 4 Article 1 of Joint Circular No. 115/2015/TTLT-BTC-BTP dated August 11th, 2015.

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blue-check Notarial and authentication service charges applicable from 2017

Circular No. 257/2016/TT-BTC dated November 11th, 2016 of the Ministry of Finance regulations on notarial and authentication service fees, fees for verification of eligibility for practicing as a notary, fees for verification of eligibility for operating private notary office, charges for processing of applications for notary card, and the collection, transfer, management and use thereof

In comparison with the earlier provisions, this Circular adjusts charges for notarization of economic contracts, commercial contracts, investment or business contracts valued from more than VND 100 billion. Read more

Accordingly, from January 1st, 2017, economic contracts, commercial contracts, investment or business contracts valued from more than VND 100 million must pay charges for notarization VND 32.2 million + 0.02% of the portion of the value of property or the value of contract in excess of VND 100 billion . Under the earlier provisions, the charges for notarization were calculated by VND 5.2 million + 0.03% of the portion of the value of property or the value of contract in excess of VND 10 billion.

This Circular takes effect from January 1st, 2017.

To replace Joint Circular No. 08/2012/TTLT-BTC-BTPstatus1 dated January 19th, 2012; Joint Circular No. 115/2015/TTLT-BTC-BTP dated August 11th, 2015 and Circular No. 54/2015/TT-BTC dated April 21st, 2015.

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blue-check Consular certification and legalization fees shall be unchanged from 2017

Circular No. 157/2016/TT-BTC dated October 24th, 2016 of the Ministry of Finance on collection, payment, management and use of consular certification and legalization fees
VietlawOnline

According to this Circular, amount of consular certification/legalization fees applicable from 2017 shall be unchanged at VND 30,000 per certification, legalization Read more

However, this Circular removes the regulation on exemption from fees for cases of consular certification/legalization of papers, documents in direct service of activities of the agencies of the Party, the National Assembly, the Government, the ministries or the ministerial-level agencies - in other words, these agencies shall have to pay fees upon consular legalization, certification of their papers, documents

This Circular takes effect from January 1st, 2017

To replace Circular No. 36/2004/TT-BTCstatus1 dated April 26th, 2004; Circular No. 98/2011/TT-BTCstatus1 dated July 5th, 2011 and Circular No. 01/2013/TT-BTCstatus1 dated January 2nd, 2013.

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blue-check Some noticeable points regarding issuance of certified true copies from originals, authentication of signatures and contracts

Dispatch No. 842/HTQTCT-CT dated May 26th, 2016 of the Ministry of Justice on grasping the implementation of a number of provisions on authentication
VietlawOnline

Although in principle, under Clause 1 Article 19 the applicant for certification of true copies must be responsible for the contents, the validity and lawfulness of the originals used as basis for certification of true copies. Read more

However, to avoid the authentication of even unconformable originals as taken place recently, the document requests authenticating authorities to compare carefully the copies and the originals before granting authentication. If there is any suspicion of the lawfulness of the original, the authenticating authority shall request relevant agencies, organizations, and individuals to provide necessary information to verify the legality of the paper/document submitted for authentication; if the original is found to be issued unconformably or forged, the authenticating authority shall reject the application for authentication and file a record of impoundment and send the paper/document to a competent agency for handling

Similarly, regarding the authentication of a contract, besides the verification of the contents as prescribed in Article 35 of Decree No. 23/2015/ND-CP (such as civil capacity, the willingness of the contracting parties; time and location of contract conclusion, etc.), the authenticating authority shall also check contents of the contract, especially contracts related to land use right, in order to avoid granting authentication to incorrect, unlawful contracts

Regarding consular legalization upon certification of true copies from originals, authentication of documents issued by competent foreign authorities, the excemption from consular legalization is only provided according to an international treaty and provided for the cases specified in Article 6 of Circular No. 20/2015/TT-BTP. The remaining ones are all subject to the consular legalization for the purpose of certification of true copies, authentication.

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stop-check From November 30th, 2015: fee collected for authentication of contracts is not distinguished values between the contracts

Joint Circular No. 158/2015/TTLT-BTC-BTPstatus1 dated October 12nd, 2015 of the Ministry of Finance - the Ministry of Justice regulations on collection, payment and management of fees for certification of true copies from originals, authentication of signatures, contracts and transactions
VietlawOnline

This Circular regulates collection, payment and management of fees for certification of true copies from originals, authentication of signatures, contracts and transactions Read more

Accordingly, the maximum level of fee collected for certification of true copies from originals is increased from VND 100,000/copy (Point 1 Section II of Circular No. 92/2008/TTLT-BTC-BTPstatus1 ) to VND 200,000/copy

Level of fee for authentication of signatures is remained at VND 10,000/case as prescribed Point 1 Section II of Circular No. 92/2008/TTLT-BTC-BTPstatus1 with the regulation specifying that the level is apply to one paper/document regardless of many signatures

Particularly, the new level of fees collected for authentication of contracts, transactions is reduced without distinguishing values between contracts/transactions as prescribed in Circular No. 62/2013/TTLT-BTC-BTPstatus1 . The new level of fee is uniformly collected at VND 30,000/contract or transaction (for the first authentication); VND 20,000/contract, transaction for authentication of amendments, supplements or termination of contracts, transactions; VND 10,000/contract, deal for rectification of mistakes in authenticated contracts or transactions:

This Joint Circular takes effect from November 30th, 2105. To replace Joint Circular No. 92/2008/TTLT-BTC-BTPstatus1 dated October 17th, 2008 and Joint Circular No. 62/2013/TTLT-BTC-BTPstatus1 dated May 13th, 2013

From November 30th, 2015: fee collected for authentication of contracts is not distinguished between values.

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stop-check Detailing the implementation of a number of articles of the Law on Notarization

Circular No. 06/2015/TT-BTPstatus1 dated June 15, 2015 of the Ministry of Justice on detailing the implementation of a number of articles of the Law on Notarization No. 53/2014/QH13status2
VietlawOnline

This Circular regulates procedures for appointment of notaries, registration for practice, issuance of notary card; training courses in notary careers; organization and operation of notarization; some specimen documents of notary activities Read more

This Circular applies to notaries, notary practice organizations, socio-professional organizations of notaries, state management agencies for notarization and relevant agencies, organizations or individuals.

This Circular takes effect since August 01st, 2015 and replaces Circular No. Circular No. 11/2011/TT-BTP dated June 27th, 2011 and Decision No. 01/2008/QĐ-BTP dated February 20th, 2008.

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blue-check New provisions on public notary practice

Decree No. 29/2015/ND-CP dated March 15, 2015 of the Government on elaboration of and guidelines for the Law on Notarization No. 53/2014/QH13status2
VietlawOnline

This Decree prescribes in details conversion of public notary offices into private notary offices; procedures for consolidation, acquisition, transfer of private notary offices; incentives for private notary offices in disadvantaged areas and extremely disadvantaged areas; facilities of private notary offices; professional liability insurance of notaries. Read more

According to Article 19 of this Decree, public notary offices, private notary offices must buy professional liability insurance for their notaries within 60 days from the day on which such notaries are registered for practice.

Insurance premium shall be agreed by insurers and public notary offices or private notary offices but it

This Decree shall take effect from May 01, 2015 and replace Decree No. 04/2013/ND-CPstatus1 dated January 07, 2013.

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