Content Summary
For foreign papers and documents to be recognized and used in Vietnam, consular legalization is required. So what is consular legalization?
And how is the procedure done? What documents do foreign investors need to legalize when investing or working in Vietnam? Many foreign investors have difficulty with this problem. AZLAW would like to summarize and send you the most up-to-date legal information about documents that must be consular legalized in the article below.
WHAT IS CONSULAR LEGALIZATION?
According to the provisions of Clause 2, Article 2 of Decree 111/2011/ND-CP, consular legalization of the certification of seals, signatures, and titles by competent Vietnamese agencies on foreign papers and documents in addition to allowing such papers and documents to be recognized and used in Vietnam.
Consular legalization is only certification of seals, signatures, and titles on papers and documents, not a certification of the content and form of papers and documents.
DOCUMENTS ARE EXEMPTED FROM CONSULAR LEGALIZATION
According to Article 9 of Decree 111/2011/ND-CP, the following papers and documents will be exempt from consular legalization:
- Papers and documents are exempt from consular legalization under international treaties to which Vietnam and related foreign countries are both members, or on the principle of reciprocity.
- Papers and documents are transferred directly or through diplomatic channels between a competent Vietnamese agency and a foreign competent authority.
- Papers and documents are exempt from consular legalization under Vietnamese law.
- Papers and documents that are not required to be consular legalized by the agency of Vietnam or a foreign office following the respective laws.
DOCUMENTS AND DOCUMENTS MUST LEGISLATE IN SOME PROCEDURES.
As mentioned, to be recognized and used in Vietnam, foreign papers and documents must be consular legalized, except for cases exempted by law. Therefore, when carrying out the procedures below, foreign investors should note the consular legalization of the following papers and documents:
– Procedures for applying for an Investment Registration Certificate
For the procedure of applying for an Investment Registration Certificate, investors should note the consular legalization of the following documents:
- Documents on the investor’s legal status such as business registration certificate, enterprise registration of foreign investors being organizations
- Documents proving the financial capacity of the investor such as financial statements of the last two years of the investor; commitment to the financial support of the parent company; financial institution’s commitment to financial support; guarantee on the financial capacity of the investor; other documents proving the financial capacity of the investor
– Procedures for setting up representative offices/branches of foreign traders in Vietnam
- Foreign investors shall consular legalize Business registration papers or papers of equivalent value of foreign traders.
– Procedures for applying for a work permit
Except for cases exempted from consular legalization under international treaties to which the Socialist Republic of Vietnam and related foreign countries are contracting parties, or on the principle of reciprocity or under the law provisions. According to the law, foreign workers who apply for a work permit should note the consular legalization of the following documents:
- Health certificate or medical examination certificate issued by a competent foreign medical agency or organization
- Foreign criminal record card
- Documents and papers proving that they are managers, executives, experts, technical workers, and several foreign occupations and jobs
- Other documents related to employees issued by foreign countries
Above are some papers and documents that investors need to note that must be consular legalized. If you have any required, please don’t hesitate to contact us by phone or email to receive the most timely support from AZLAW.
AZLAW CONSULTING COMPANY LIMITED
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