What Is Authentication? How Is It Compared With Notarization?

What is authentication? Characteristics of authentication? Types of authentication? How to distinguish between authentication and notarization? The article below from NT International Law Firm will help you better understand issues surrounding authentication.

What Is Authentication? How Is It Compared With Notarization?

Both notarization and authentication are legally mandated processes enshrined in Vietnamese law, playing crucial roles in ensuring the accuracy, legitimacy, and legal validity of documents and transactions. Let’s delving deeper into their legal basis and key differences:

1. Notarization:

• Legal basis:
  • Law on Notarization 2014 No. 53/2014/QH13: This law defines notarization, outlines the scope of activities, and establishes qualifications and requirements for notaries.
  • Decree 23/2015/ND-CP: This decree provides specific regulations on the procedures and conditions for performing notarization activities.
• Key characteristics:
  • Focus on both form and content: Notaries meticulously examine contracts, transactions, and translations, verifying their adherence to legal requirements and ethical principles. This comprehensive approach ensures both the authenticity and legal validity of the documents.
  • Guarantee of legal enforceability: Once notarized, documents acquire a higher legal weight, becoming binding on all parties involved. This provides significant security and protection for individuals and organizations engaging in legal and commercial activities.
  • Support for the judicial system: Notarization serves as a crucial support system for the judicial system. By verifying the legitimacy of contracts and transactions, notarization helps to prevent disputes and facilitates the resolution of legal issues.
  • Limited authorization: Only authorized notary offices and notary public offices can perform notarization. These entities are established and regulated by the Ministry of Justice, ensuring a high standard of professionalism and adherence to legal norms.

2. Authentication:

• Legal basis:
  • Decree 23/2015/ND-CP: This decree forms the primary legal framework for authentication activities, outlining various types of authentication and their respective procedures.
  • Other relevant laws and regulations: Depending on the specific type of document or event being authenticated, additional laws and regulations may be applicable.
• Key characteristics:
  • Focus on form: Authentication primarily verifies the form and authenticity of documents, signatures, and events, without necessarily delving into the content’s legality.
  • Limited responsibility: While confirming authenticity, the authenticator does not bear responsibility for the content or legal implications of the document.
  • Judicial administrative function: Authentication serves as a vital part of the administrative system, ensuring the accuracy and validity of official documents and processes.
  • Broader authorization: Authentication can be performed by a wider range of authorized entities, including notary offices, district justice departments, commune people’s committees, and agencies authorized to conduct Vietnamese consular functions abroad.

3. Comparison Table:

4. Conclusion:

nderstanding the distinct legal foundations and characteristics of notarization and authentication is crucial for navigating the legal landscape effectively. Choosing the appropriate process depends on the specific document or transaction and desired legal effect.

For documents requiring legal enforceability and high evidentiary value, such as contracts or property deeds, notarization offers the most comprehensive protection. Conversely, authentication is suitable for verifying the authenticity of official documents, signatures, and events when legal enforceability is not the primary concern.

By recognizing the legal basis and key differences between these two processes, individuals and organizations can make informed decisions regarding their document verification needs, ensuring legal certainty and safeguarding their interests.

NT International Law Firm is Here to Help:

NT International Law Firm has addressed the question of what authentication is and how to get your papers authentication. If you have any further questions or concerns regarding civil law, please contact our law firm immediately for expert legal advice.

If you require any legal assistance, please feel free to reach out to us via phone at 090 252 4567 or through email: info@ntpartnerlawfirm.com. At NT INTERNATIONAL LAW FIRM, our team is committed to offering you prompt and personalized advice.

You also might be interested in:

• The 2015 Civil Code in English