The Ministry of Justice has released an assessment document for the draft Decree amending and supplementing a number of articles of Decree 23/2015/ND-CP on the issuance of copies from the original, certification of copies from the original, certification of signatures and certification of contracts, transactions, as amended and supplemented by Decree 07/2025/ND-CP.
The draft Decree’s documents clearly outline the changes in the authority and responsibility for certification by the Chairman of the Commune-level People’s Committee.
According to Clause 2, Article 1 of the draft Decree, the Chairman of the Commune-level People’s Committee has the authority and responsibility to certify copies from originals of papers and documents issued by competent authorities or organizations of Vietnam, foreign countries, or those issued through linkages between competent Vietnamese authorities or organizations with foreign ones.
The Chairman is also authorized to certify signatures on papers and documents, transactions related to movable assets, and transactions related to land use rights as prescribed by land law, housing law, and real estate business law, among others.
The Chairman of the Commune-level People’s Committee shall direct and organize the implementation of certification activities in the commune. The Vice Chairman, the Chief and Deputy Chief of the Office of the Commune-level People’s Committee, the Director and Deputy Director of the Commune-level Public Administration Service Center, and civil servants authorized by the Chairman shall perform certification as directed or authorized.
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The certification signature and seal usage are as follows: The Chairman, Vice Chairman, and authorized civil servants of the Commune-level People’s Committee shall sign the certification and use the seal of the Commune-level People’s Committee. Authorized civil servants must hold a bachelor’s, master’s, or doctoral degree in law and have at least two years of experience (excluding probationary period) in the field of justice.
Additionally, the Chairman may authorize civil servants to perform all or some certification tasks as prescribed.
The Chief and Deputy Chief of the Office of the Commune-level People’s Committee shall sign and seal with the seal of the Office, while the Director and Deputy Director of the Commune-level Public Administration Service Center shall sign and seal with the center’s seal.
The draft Decree also stipulates that certification of transactions related to land use rights shall be carried out at the Commune-level People’s Committee where the land is located, and certification of transactions related to housing shall be conducted at the Commune-level People’s Committee where the house is located. Certification of real estate transactions shall be performed at the Commune-level People’s Committee where the real estate is located, except for the certification of wills, inheritance renunciation documents, power of attorney, and agreements on the establishment of spousal property regimes related to the exercise of land use rights, housing, and real estate.
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