If you expect to consularly legalize foreign documents to implement procedures in Vietnam but do not know the regulations on such consular authentication (consular legalization), please refer to the article below of NPLaw to clarify and update the full information about consular legalization of foreign documents used in Vietnam according to the Law.
I. The current state regarding consular legalization of foreign documents used in Vietnam
Currently, there has been an increasing trend of labor exports, study abroad and foreign worker recruitments resulting in a growing demand for consular legalization for foreign papers and documents used in Vietnam. However, the legal term " consular legalization" is still unknown to many people. Accordingly, the law has made provisions to regulate this issue, its purpose is to confirm the value of foreign documents that are valid for legal use in Vietnam. This consular legalization does not include certification of the content (as known translation certification) or form thereof.
II. Procedures for consular legalization for foreign documents used in Vietnam
1. What is Consular Legalization of foreign documents used in Vietnam?
Pursuant to Clause 2, Article 2 of Decree 111/2011/ND-CP, “Consular Legalization” means the competent Vietnamese agencies certify their stamps, signatures and titles on foreign documents being recognized and used in Vietnam.
2. Consular legalization of foreign documents used in Vietnam
Consular legalization of foreign documents used in Vietnam is an administrative procedure. The main purpose of consular legalization is to confirm the value of foreign documents. Accordingly, it does not include certification of the content and form thereof.
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The consular legalization of foreign documents used in Vietnam is governed by the following legal records:
- Decree No. 111/2011/ND-CP dated December 5th, 2011 of the Government regulating consular legalization and consular authentication.
- Circular No. 01/2012/TT-BNG of the Ministry of Foreign Affairs guiding the implementation of some provisions of Decree No. 111/2011/ND-CP on consular legalization and consular authentication.
- Circular No. 157/2016/TT-BTC of the Ministry of Finance regulating the collection, payment, management and use of fees of consular legalization and consular authentication.
3. A dossier for consular legalization for foreign documents used in Vietnam.
Pursuant to Article 14 of Decree 111/2011/ND-CP, a dossier for consular legalization of foreign documents used in Vietnam includes:
- 01 written declaration for consular legalization made according to a form;
- For direct submission, it is required to present an original personal identification document;
- For submission by post, it is necessary to have one copy of an personal identification document;
- Papers and documents requested for consular legalization, which have been certified by a foreign diplomatic representative mission or consulate or another foreign agency authorized to perform the consular function;
- 01 Vietnamese or English translation of each paper or document requested for consular legalization, if such papers and documents are not made in these languages;
- 01 photocopy of the personal identification document and written request for consular legalization to record in the Ministry of Foreign Affairs.
- When it is necessary to check the authenticity of papers and documents requested for consular legalization, dossier-receiving officers may ask the applicant to additionally supplement the originals of related papers and documents.
4. Processes and procedures for consular legalization of foreign documents used in Vietnam
Processes and procedures are implemented in the following steps:
- Step 1: Authenticating foreign papers and documents at the competent notary offices of a country where such documents were issued.
- Step 2: Applying from the competent diplomatic agencies of the country where documents were issued.
+ Accordingly, it is requested to bring foreign documents that have been notarized to implement at:
+ The competent diplomatic agencies are located in the countries where documents have been issued, or the competent diplomatic departments for consular legalization are located in Vietnam (applicable to cases where such documents have completed Step 1 available in Vietnam).
- Step 3: Applying from the competent diplomatic representative mission of Vietnam for use in Vietnam.
+ Preparing the consular legalization dossiers as prescribed in the above-mentioned section on dossier.
+ Bringing such dossiers to the Vietnamese competent agencies for consular legalization.
- Step 4: Translating and notarizing consular legalized documents into Vietnamese for use in Vietnam
III. Some questions about consular legalization of foreign documents used in Vietnam
1. Are the Consular Department and Department of Foreign Affairs competent to implement consular legalization for foreign documents used in Vietnam?
Pursuant to Article 5 of Decree 111/2011/ND-CP stipulating the Vietnamese competent agencies to implement consular legalization, as follows:
+ The Ministry of Foreign Affairs is competent to implement consular legalization in Vietnam;
+ The Ministry of Foreign Affairs may authorize affairs agencies of Provinces and centrally run Cities to receive dossiers for consular legalization.
Thus, Consular Department and Department of Foreign Affairs are competent agencies for consular legalization of foreign papers and documents used in Vietnam. Additionally, affairs agencies of Provinces and centrally run Cities are competent when authorized by The Ministry of Foreign Affairs to implement.
2. Is it possible to authorize others to implement the consular legalization of foreign documents used in Vietnam?
Pursuant to Article 6 of Decree 111/2011/ND-CP on a applicant of consular legalization, as follows:
+ Agencies, organizations and individuals may request consular legalization of their own papers and documents or others without authorization.
+ Agencies, organizations and individuals shall submit dossiers to competent agencies for consular legalization directly or through authorized affairs agencies under the law or by post.
Thus, it is possible to authorize others to implement consular legalization of foreign papers and documents used in Vietnam.
IV. Legal services related to consular legalization of foreign documents used in Vietnam
Ngoc Phu Limited Liability Company is one of the prestigious law firms providing legal services regarding consular authentication (consular legalization) of foreign papers and documents used in Vietnam. When using our services, you will be supported by highly qualified and experienced professionals and lawyers. You will take the best advice on the process of solving this issue. You can then choose an NPLaw’s attorney or an authorized representative to protect your legitimate rights and interests when participating in the proceedings.
