According to the new regulations in Decree No. 280/2025/ND-CP, certifying a copy from the original means that an agency, organization, or person with authority as stipulated in this Decree, based on the original document, certifies that the copy is true to the original.
Signature authentication is the process by which an agency, organization, or authorized person, as stipulated in this decree, certifies that the signature on a document or paper is the signature of the person requesting authentication.
Transaction authentication is the act of an authorized person, as stipulated in this decree, certifying the time and place of conclusion of a civil transaction, the legal capacity, voluntary will, signature, or fingerprint of the parties involved in the civil transaction.
Expanding the scope of entities authorized to perform authentication.
In particular, Decree No. 280/2025/ND-CP amended and supplemented Clause 9 of Article 2 of Decree 23/2015/ND-CP, expanding the scope of entities authorized to perform authentication.
Specifically, the persons authorized to perform authentication are the Chairman of the People's Committee of the commune, ward, or special administrative region (People's Committee at the commune level); persons authorized or assigned to perform authentication duties as prescribed; notaries of notary offices or notary firms (notary practice organizations); diplomatic and consular officers of diplomatic missions, consular missions, and other agencies authorized to perform consular functions of Vietnam abroad (representative agencies).
Thus, compared to the old regulations, Decree No. 280/2025/ND-CP expands the scope of those authorized to perform authentication to include individuals who are authorized or assigned to perform authentication tasks as prescribed.
Amend regulations on the authority and responsibility for authentication.
Decree No. 280/2025/ND-CP also amends and supplements regulations on the authority and responsibility for authentication, clearly defining the responsibilities of each category of individuals performing authentication. Specifically:
1. The Chairman of the People's Committee at the commune level has the authority and responsibility to:
a) Authenticating copies from original documents and papers issued or certified by competent agencies and organizations of Vietnam; competent agencies and organizations of foreign countries; or competent agencies and organizations of Vietnam in collaboration with competent agencies and organizations of foreign countries;
b) Authenticating signatures on documents and papers;
c) Authenticating the translator's signature on documents and texts translated from a foreign language into Vietnamese, and from Vietnamese into a foreign language;
d) Authenticating transactions involving movable property;
d) Authenticating transactions related to land use rights as prescribed by land law;
e) Authenticating housing transactions in accordance with the law on housing;
g) Authenticating a will;
h) Authenticating a document rejecting an inheritance;
i) Authenticating documents dividing inherited property as stipulated in points d, e, and f above.
2. The Chairman of the People's Committee at the commune level directs and organizes the implementation of authentication activities in the area.
The delegation and assignment of tasks related to authentication as stipulated in Clause 1, and the signing and use of seals when performing authentication, shall be carried out in accordance with the laws on the organization of local government, the laws on the organization of specialized agencies under the People's Committee at the commune level, and other relevant laws.
3. The representative agency has the authority and responsibility to certify the matters stipulated in points a, b, and c of clause 1. Diplomatic and consular officials sign the certification and affix the seal of the representative agency.
4. Notaries have the authority and responsibility to certify the matters stipulated in points a, b, and c of clause 1, to sign the certification, and to affix the seal of the notary practice organization.
5. Authentication is not dependent on the place of residence of the person requesting authentication in the following cases:
a) Authenticating copies from original documents, authenticating signatures;
b) Authenticating transactions involving movable property;
c) Authenticating wills, authenticating documents rejecting inheritance;
d) Authenticating power of attorney documents related to the exercise of land and housing user rights;
d) Authenticating the amendment, supplementation, or cancellation of transactions as stipulated in points b, c, and d of this section.
6. The authentication of transactions related to land use rights is carried out at the People's Committee of the commune where the land is located, and the authentication of housing transactions is carried out at the People's Committee of the commune where the house is located, except for the cases specified in Clause 5.
Applicants for authentication are not permitted to request original or photocopies of documents already integrated into VNeID.
Decree No. 280/2025/ND-CP also supplements regulations on the obligations and rights of those performing authentication.
Decree No. 280/2025/ND-CP further stipulates that the person performing the authentication shall not require the person requesting authentication to submit or present the original or copies of documents already integrated into VNeID when the person requesting authentication has already presented the corresponding information from VNeID.
In cases where the person requesting authentication and the person performing the authentication can access information and documents from the National Population Database or other databases as prescribed by law, the person performing the authentication is responsible for accessing the information and documents from these databases and does not require the person requesting authentication to present the original, a copy from the original register, or a certified copy of the information and documents that have been accessed.
Source: https://baotintuc.vn/chinh-sach-va-cuoc-song/khong-can-xuat-trinh-ban-chinh-ban-sao-cac-giay-to-da-tich-hop-tren-vneid-khi-chung-thuc-20251028192821196.htm
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