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Administrative procedures

Procedure 5: Authenticate amendment, supplement or cancellation of the contract, transaction
Update day:12-12-2016

 

Order of execution

 

+ The applicant presents valid personal documents so that the verifier inspects and submits 01 set of documents.

+ Amending, supplementing, cancelling the contract, transaction as verified is only made when obtaining written agreement of the parties in the contract, transaction.

+ Amending, supplementing, cancelling the contract, transaction made in the agency is verified. In the case of amending, supplementing, replacing or cancelling a part or the whole of the testation, it can be verified at any competent verification agency.

+ The verifier inspects documents for verification as stipulated, if such documents are in full, at the time of verification, the parties join the contract, transaction voluntarily, are lucid and aware and control their behaviours, verification is made.

+ The relevant parties shall sign in witness of the verifier. If the person competent to sign the contract of the credit institutions, companies registered his/her sample signature in the verification agency, he/she can enter in the contract in advance, the verifier shall compare his/her signature in the contract to sample signature before authenticating, if it is doubled that signature in the contract is different from sample signature, the verifier will asks such person to sign in his/her witness.

+ If the applicant can not sign, he/she shall fingerprint; If such applicant can not read, hear, sign or fingerprint, 02 (two) witnesses shall be compulsory. Such witnesses shall have enough civil behaviours and not have rights, benefits or obligations relating to the contract, transaction. The witnesses are arranged by the applicant. If the applicant fails to arrange, he/she will ask the verification agency to appoint witnesses.

+ The verifier records testimonials in respect to each type of contract, transaction in the form as stipulated; signs, records his/her full name, affixes with the seal of the verification agency and inputs into the verification register. For the contract, transaction whose term is 02 (two) months or more, each page shall be numbered, signed by the applicant and the verifier; a number of pages and testimonials are recorded in the last page of the transaction, contract. If the contract, transaction includes 02 (two) sheets or more, it shall be sealed.

+ If the applicant does not use Vietnamese fluently, the interpreter shall be compulsory. The interpreter shall have enough civil behaviors under the laws, use Vietnamese and a language which the applicant uses. The interpreter is invited by the applicant or appointed by the verification agency. Remuneration of the interpreter is paid by the applicant. The interpreter is responsible for interpreting contents of the contract, transaction, testimonials of the applicant and sign each page of the contract as an interpreter in full correctly.

+ The agency amending, supplementing, replacing, cancelling a part or the whole of testation shall give a written notice to the agency previously authenticating amending, supplementing, replacing, cancelling a part or the whole of testation to take notes into the verification register of the contract, transaction.

+ The applicant receives results in the place where documents are submitted.

 

Methods of implementation

 

Documents are submitted directly at the Division of Receiving and Returning results of People’s Committee at the district or commune level.

 

Composition of documents

 

The applicant submits 01 (one) set of documents for verification, including as follows:

+ Contract, transaction as verified.

+ Draft of the contract, transaction as amended, supplemented, cancellation of verified contract, transaction.

+ If amended, supplemented content relates to the asset, the applicant shall submit the copy enclosed with the original for comparing certificate of ownership, use right of asset whose ownership, use right shall be registered under the laws, unless the testator’s is being threatened by death.

 

Quantity

 

01  set

 

Term of settlement

 

Within a working day when the organization, agency receives the request or in the next working day, if documents are received after 15:00. If results are returned in the next working day, the receiver shall issue a return receipt specifying time (time, date) of returning results to the applicant.

 

Object of settlement

 

Individual, organization

 

Implementing agency

 

People’s Committee at the district or commune level.

 

Results of implementation

 

Contract, transaction is verified

 

Fee

 

20,000 VND/contract, transaction

 

Name of form

 

None

 

Requirements, conditions of implementation TTHC

 

Amending, supplementing, cancelling the contract, transaction as verified is only made when obtaining written agreement of the parties in the contract, transaction

 

Legal bases

 

+ Decree No 23/2015/ND-CP dated February 16, 2015 of the Government on issuing copy from the original, authenticating signature and authenticating the contract, transaction.

+ Joint Circular No 158/2015/ TTLT-BTC-BTP dated October 12, 2015 of Ministry of Finance and Ministry of Justice stipulating collection level, regimes of collecting, submitting and managing fees for authenticating copy from original, authenticating signature, authenticating the contract, contract.

 

+ Circular No 20/2015/ND-CP dated December 29, 2015 of Ministry of Justice detailing and guiding implementation of some articles of 23/2015/ND-CP dated February 16, 2015 of the Government on issuing copy from the original, authenticating signature and authenticating the contract, transaction.

 

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