How to distinguish signature authentication from contract and transaction authentication

Previously, my only habit was to get my signature authenticated at the local ward office when applying for a job, or to photocopy my diplomas and certificates before getting them certified. Now I'm planning to buy a house, but I lack knowledge about authentication and don't know where to start. Therefore, I'd like to ask for your advice on how to distinguish between authenticating a signature and authenticating a contract or transaction.

Reader Diem Le.

Lawyer Chu Van Hung (Tam Tri Law Office, Ho Chi Minh City) advises that, according to Article 2 of Decree No. 23 of 2015, there are three forms of authentication: authentication of copies from original documents; authentication of signatures; and authentication of contracts and transactions.

Clause 9 of Article 2 of this Decree stipulates that the persons authorized to perform authentication are the heads and deputy heads of the justice departments of districts, towns, and cities under the provincial administration; the chairmen and vice-chairmen of the People's Committees of communes, wards, and townships; notaries of notary offices; diplomatic and consular officers of diplomatic missions, consular missions, and other agencies authorized to perform consular functions of Vietnam abroad.

Cách phân biệt chứng thực chữ ký với chứng thực hợp đồng, giao dịch - Ảnh 1. — People get documents notarized at a notary office in Ho Chi Minh City.

"Signature authentication" is the process by which an authorized agency or organization verifies that the signature on a document or paper is the signature of the person requesting authentication.

"Authentication of contracts and transactions" refers to the process by which a competent authority verifies the time and place of the conclusion of a contract or transaction; the legal capacity, voluntary will, signatures, or fingerprints of the parties involved in the contract or transaction.

Signature authentication

The person requesting signature authentication is responsible for the content of the documents they sign in order to request signature authentication.

The person performing the authentication is responsible for the authenticity of the signature of the person requesting authentication in the document (Article 23 of Decree 23 of 2015).

Therefore, the person performing the signature authentication is not responsible for the content of the document or paper for which they authenticate the signature.

However, documents and papers requiring signature authentication that contain content contrary to law and social morality; propagate or incite war, oppose the socialist regime of Vietnam; distort the history of the Vietnamese nation; insult the honor, dignity, and reputation of individuals or organizations; or violate citizens' rights will not be authenticated (Clause 4, Article 22 of Decree 23).

Authenticating contracts and transactions

Regarding responsibilities, Article 35 of Decree 23 stipulates:

The person requesting authentication is fully responsible for the content and legality of the contract or transaction; and for the validity and legality of the documents specified in point c, clause 1, Article 36 of this Decree.

The person performing the notarization is responsible for verifying the time and place of the contract or transaction; the legal capacity, voluntary will, and signature or fingerprint of the parties involved in the contract or transaction.

The person performing the notarization has the right to refuse to notarize a contract or transaction that contains content contrary to law or social morality.

Therefore, in the case of notarizing contracts and transactions, the person performing the notarization is not responsible for the content, legality, or validity of the contract or transaction.

Signature authentication

Authenticating contracts and transactions

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