QUY ĐỊNH VỀ CHỨNG THỰC CHỮ KÝ TRÊN CÁC VĂN BẢN GỬI CHO TOÀ ÁN ĐỐI VỚI CÁ NHÂN VIỆT NAM ĐANG CƯ TRÚ Ở

Legal situation: I am a Vietnamese citizen residing in the UK, and I am involved in a divorce case at the People's Court of Binh Duong Province. I have sent my written arguments and documents with my original signature to the Court via postal mail. However, the Court requires me to authenticate my signature at the Vietnamese Embassy. Is the Court’s request lawful?

FDVN’s opinion:

Thank you for submitting your inquiry to the FDVN Law Firm. In response to your request, after reviewing the relevant legal provisions, we would like to provide the following analysis:

According to point c, clause 2, Article 478 of the Civil Procedure Code 2015 regarding the recognition of documents issued by foreign agencies, organizations, or individuals and sent to Vietnamese Courts, papers and documents made in Vietnamese by overseas Vietnamese citizens with their signatures certified in accordance with Vietnamese law.

According to point b, clause 1 and clause 3 of Article 5 of Decree 23/2015/NĐ-CP dated February 16, 2015, on issuing copies from master registers, certification of true copies from originals, authentication of signatures and contracts, diplomatic missions, consulate representative agencies, and other agencies authorized to act as consuls in foreign countries have authorities and responsibilities for authenticating signatures on papers and documents. Diplomats and consuls shall carry out authentication, sign names, and affix seals.

Therefore, the Court's requirement on authenticating your signature is lawful and complying with legal regulations. You may visit the Vietnamese Embassy or the Vietnamese Consulate in the UK to have your signature authenticated on the documents submitted to the Court.

This is the legal advice of FDVN Law Firm regarding your consultation request based on an analysis of the relevant legal provisions. We hope this advice is helpful to you.

According to Nguyen Thi Thao Nguyen - FDVN Law Firm