1. What is a copy?
A copy is a copy from an original or a typed copy with complete and exact content as recorded in the original book. A copy means a photocopy of an original or typed copy that has full and accurate content as that of the master register.
Master register means the register made by a competent authority as the basis for issuance of originals as regulated and containing information exactly the same as that of the original issued by such competent authority.
2. The legal value of a copy
The legal value of copies issued from the master register and certified copies from the original are regulated as follows:
Copies issued from master registers have legal value when being used as substitutes for originals in transactions except wherever or whenever otherwise prescribed by law;
Copies certified as true from originals under this Decree have legal value when being used as substitutes for originals in transactions except wherever or whenever otherwise prescribed by law;
Authenticated signatures under this Decree have legal value in determining the signatory and his/her liability for the document signed;
Authenticated contract under Decree 23/3025/ND-CP possesses legal value in serving as evidence of the time and venue where the contract is executed; civil capacity, willingness, signatures, or append fingerprints of contracting parties.
3. Is an authenticated photo considered a copy?
According to the relevant law, a copy is a photocopy from the original or a typed copy with complete and exact content as recorded in the original book.
Simultaneously, the law also regulates the responsibility of agencies and organizations that receive copies as follows:
- Whenever copies are requested (by law), agencies or organizations are responsible for receiving copies only – no certified true copies unless originals are necessary for comparison. A verifier (an individual who compares copies against the originals) is responsible for confirming the accuracy of copies versus originals.
- Any agency or organization that receives copies issued from master registers and certified true copies are not allowed to request the presentation of originals unless the copies show evidence of falsification or being illegal.
Based on the above provisions, it can be understood that a copy is not required to be certified by a competent authority (certified). Copies may be divided into 3 types: copies from originals, certified copies, and copies from the master register.
Besides copies taken by camera, or being presented as a typed copy… copies from the original (not authenticated) are also considered a copy.
4. Validity of a copy from the original
A certified true copy from the original has legal value when being used as a substitute for the original in transactions except wherever and whenever otherwise prescribed by law. Moreover, current regulations do not specifically state the validity of copies from originals. Therefore, a certified copy maintains validity, regardless of time.
In practice, to avoid risk, certified copies may be divided into two categories:
Copies that remain valid regardless of time: certified copies of transcripts, bachelor’s degrees, driving licenses… do not expire, unless the original has been revoked or cancelled.
Copies that remain valid until the expiration date of the original: certified copies from documents which expire at a specified time such as Criminal Record Certificates (6 months), Confirmation of marital status (6 months), Identification cards (15 years) … will expire at the expiration date of the original.
Likewise, in some cases, the original shall be presented as requested when there is no need for the submission of a new copy.
Additionally, any document that could be changed, such as marriage registration certificates, enterprise registration certificates, land ownership certificates, etc., these documents are usually accepted if certified within 3 – 6 months, for the purpose of ensuring the update and authenticity of the above documents.
For documents (such as certified contracts), validity is specified based on the contract. In addition, the validity may also depend on the nature of the work.
In conclusion, the current law has no provisions on the validity of a certified copy from the original, so it can be understood that a true copy remains valid until the expiration date of the original.