Content Summary
When carrying out procedures related to foreign documents, consular legalization is often required. In other words, foreign papers and documents to be recognized and used in Vietnam need to be consular legalized. So what is consular legalization? How is the consular legalization procedure done? AZLAW would like to send you the latest legal information about the consular legalization procedure of foreign documents.
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 documents to allow 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 their content and form.
However, the law also stipulates several cases where papers and documents cannot be consular legalized, specifically:
- The papers and documents are corrected or erased but not properly amended.
- The papers and documents contain details in themselves that contradict each other in the application for consular legalization.
- Papers and documents are forged or are issued or certified against the authority according to the law provisions.
- Papers and documents with signatures and seals other than original signatures, original seals with seals and signatures may not be directly stamped and signed on papers and documents.
- Papers and documents with contents that infringe upon the rights and interests of the State of Vietnam are inconsistent with the guidelines and policies of the State of Vietnam, or in other cases that may be detrimental to the State of Vietnam.
THE EXEMPTED PAPERS AND DOCUMENTS FOR 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 exempted from consular legalization under international treaties to which Vietnam and related foreign countries are 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 by the receiving agency of Vietnam or of a foreign country to be consular legalized following the respective laws of Vietnam or a foreign country.
AUTHORITY OF CONSULAR LEGALIZATION
– The Department of Consular Affairs and the Department of Foreign Affairs of Ho Chi Minh City are agencies of the Ministry of Foreign Affairs assigned the authority to legalize consular affairs in the country.
– Embassy, consular offices, or other agencies authorized assigned the authority to legalize consular affairs abroad.
ORDER, PROCEDURES OF CONSULAR LEGALIZATION
The case of consular legalization at the Ministry of Foreign Affairs
– Step 1: The applicant for consular legalization submits the dossier to the competent authority. The dossier includes:
- Consular legalization declaration (according to the prescribed form)
- Papers and documents requested for consular legalization, certified by a foreign diplomatic mission, consular office, or other agency authorized to perform consular functions;
- Identity document for the case of direct submission or a photocopy of the identity document if submitted by post
– Step 2: The Ministry of Foreign Affairs shall carry out the consular legalization based on comparing the seal, signature, and title in the certification of the foreign competent authority on the papers and documents with the seal sample, sample signature and, the officially notified title.
– Step 3: The Ministry of Foreign Affairs returns the results to the involved parties.
The time limit for settlement: 01 working day from the receipt of complete and valid dossier. In case the application has ten or more papers, the processing time may be longer but must not exceed 05 working days.
Case of Consular Legalization at Vietnamese Representative Offices Abroad
– Step 1: The applicant for consular legalization submits the dossier to the competent authority. The dossier includes:
- Consular legalization declaration (according to the prescribed form)
- Papers and documents requested for consular legalization, which have been certified by the Ministry of Foreign Affairs or other competent foreign agencies where there is a Vietnamese representative Offices or a temporary Vietnamese representative Offices;
- 01 translation of papers and documents requested for consular legalization into Vietnamese, English, or a foreign language that the officer receiving the application can understand, if such papers and documents are not in the above language;
- 01 photocopy of papers and documents mentioned at Points b and c above to be stored at the representative offices.
- Identity document for in-person application or a photocopy of ID if submitted by post
– Step 2: The representative agency shall legalize based on comparing the seal, signature, and title in the certificate of the foreign competent authority with the sample of the seal, signature, and title. the name has been officially communicated to the Mission by that State.
– Step 3: The representative agency returns the results to the involved parties
The time limit for settlement: 01 working day from the receipt of complete and valid dossier. In case the application has ten or more papers, the processing time may be longer but must not exceed 05 working days.
Above are the regulations on consular legalization procedures for foreign papers and documents. If you have any questions, please don’t hesitate to contact us by phone number or email to receive the most timely support from AZLAW.
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