Description
What are declarations in lieu ofcertification: they replace already existing certificates or deeds contained in registers and archives of public administrations and can be used - the list is exhaustive - to certify
- date and place of birth
- residence
- citizenship
- enjoyment of civil and political rights
- bachelor, married, widower or free status
- family status
- existence in life
- birth of child, death of spouse, ascendant or descendant
- registration in registers, lists held by public administrations
- membership of professional associations
- educational qualifications, examinations passed
- professional qualification held, specialisation, qualification, training, refresher courses and technical qualification
- income or economic situation also for the purposes of granting benefits of any kind provided for by special laws
- fulfilment of specific contribution obligations with indication of the amount paid
- possession and number of tax code, VAT number and any other data in the tax registry archive
- unemployment status
- status as pensioner and pension category
- status as a student
- status as legal representative of natural or legal persons, guardian, curator and the like
- registration with associations or social formations of any kind
- all situations relating to the fulfilment of military obligations, including those attested on the service record sheet
- that I have not been convicted of any criminal offence and that I am not the subject of any measure concerning the application of preventive measures, civil decisions or administrative measures entered in the judicial record pursuant to current legislation
- that you are not aware of being subject to criminal proceedings
- being a dependent
- all data to the direct knowledge of the person concerned contained in the civil status registers
- that I am not in a state of liquidation or bankruptcy and that I have not applied for composition proceedings
What are declarations in lieu of affidavit: they concern states, personal qualities (also referring to other persons) or facts that are within the direct knowledge of the declarant and not included in the previous list (for example: being an heir; that the copy of a deed is in conformity with the original).
Who uses self-certifications: self-certifications may be used by Italian, European Union and non-EU citizens (the latter, only if they are legally resident in Italy and their declaration must attest to states, facts or personal qualities that can be certified or attested to by Italian public administrations).
Permanent physical impediment or inability to sign (e.g. ANALPHABETY): the substitute declaration is valid if the public official ascertains the identity of the declarant and that the declaration was made to him because the person is unable to sign.
Temporaryimpedimentfor health reasons: the declaration in lieu (which must contain an indication of the existence of an impediment) may be made by the spouse or, in his/her absence, by the children or, in their absence, by another relative up to the third degree (an uncle, for example) of the incapacitated person, before the public official who must ascertain the identity of the declarant.
Minor: the person exercising parental authority may sign in place of the minor, who must also indicate his or her personal data and capacity as exerciser of parental authority.
Interdiction or incapacitation: the person incapable of acting is replaced by the guardian in the case of interdiction (absolute incapacity), and in the case of incapacitation (relative incapacity), by the curator. The guardian and the curator must indicate their personal data and their capacity as guardian or support administrator.
Stamp duty: making a substitute declaration costs nothing; there are no stamp duties and/or payments.
Medical,veterinary, etc. certificates: it is NOT possible to replace medical, health, veterinary, origin, EC conformity of trademarks and patents certificates with a self-certification, nor is it possible to sign self-certification declarations that do not fall within the scope of direct knowledge or that concern manifestations of will (e.g. a declaration of commitment or a declaration concerning future events or facts).
Temporalvalidity ofsubstitute declarations: substitute declarations have the same temporal validity as the acts they replace.
Refusal of substitute declarations: in all cases where substitute declarations may be used, public administrations and public service providers may not request certificates or affidavits.
Self-certificationsalso in relations between private individuals: self-certifications may be used not only in relations between citizens and public administrations or managers of public services, but also in relations between private individuals, regardless of their prior consent (Decree-Law 76/2020). Private individuals required to accept self-certification may request (with explicit reference to arts. 46 and 47 and 71 of Presidential Decree 445/2000), with the declarant's consent, a check from the certifying administration, which must provide written confirmation (also in telematic mode), of the correspondence of what is declared with the data in its possession, issuing a free survey or confirmation of the data, without having to sign specific agreements. The self-certification forms to be submitted to private individuals must bear the following wording at the bottom: 'I authorise the private individual receiving this self-certification to verify the data contained therein by contacting the competent administrations'.
Checksand responsibilities of the declarant: the administrations must check the truthfulness of the self-certification statements. In the case of false declarations, the substitute declaration is worthless and if the false declaration is relevant to obtaining the benefit requested, the declarant forfeits the right to it or part of it, depending on how much the untruthful declaration has influenced the administration's final choice. Following the ascertainment of the untruthfulness, the economic benefit or the part of the benefit that may have already been paid on the basis of the untruthful declaration shall be withdrawn from the declarant, who shall then have to repay it. Moreover, the declarant may not submit an application to the same structure that found the declaration to be untrue, in order to obtain contributions, financing and facilities in the two years following the adoption of the forfeiture measure (on this point, see in the documents section, the in-depth study:'Checks on substitute declarations and sanctions applied in the event of their untruthfulness'). The public administration, in any case, is obliged to report the fact to the judicial authority, even if the false declaration was not relevant to the granting of the benefit.
Digital domicile: if not already declared in the application submitted to the provincial administration, it is possible to 'elect' a digital domicile also directly in the substitute declaration, indicating the certified electronic mail (PEC) address to which the Province must transmit all documents and communications relating to a specific file.
Telematic transmission: if the substitute declaration is transmitted via a website or portal, it does not have to be materially signed, but the subject must authenticate himself (before transmission) through the following identification tools: SPID (i.e. the public system for managing the digital identity of citizens and businesses), CIE (electronic identity card), CNS (national services card) or CPS (provincial services card). In this way, he or she is already identified in a certain and unambiguous way and does not need to sign: thanks to these tools, secure access is ensured, through digital identity, to the services that the Province makes available on the network.
Transmission by email or PEC and signing with a handwritten signature: in the case of transmission of the declaration by email or PEC and signing it with a handwritten signature, a photocopy of a valid identity document must also be attached. This requirement is not necessary in the case of digital signatures.
N.B. The facsimiles published below, as they are schemes that can be used by citizens for the most varied situations, are without privacy information. The facsimiles complete with the privacy policy and instructions for its preparation by the provincial structures are instead published and downloadable on the provincial intranet, in the "circulars" section.