LEGAL ISSUES CONCERNING CONSULAR LEGALIZATION AND CONSULAR CERTIFICATION IN VIETNAM
In the globalization era of today, there are more and more integrating countries all over the world. This results in increasing administrative procedures related to foreign individuals, organizations implemented in Vietnam and Vietnamese individuals, organizations implemented abroad. At this time, individuals and organizations shall provide foreign state agencies documents enacted by organizations in their countries. However, not all documents can be accepted by State agencies. To be recognized and used abroad or in Vietnam, these documents must go through Consular Certification or Legalization. The implementation of the consular legalization/certification procedure is not easy, but quite complicated and takes a lot of time and effort. Here, we - Dai Ha Thanh Law Firm would like to introduce the legal issues for consular legalization and consular certification of documents in Vietnam as follows:
1. Definition of Consular legalization and certification
According to Clause 1, Clause 2, Article 2 of Decree No. 111/2011/ND-CP of the Government providing for consular certification and legalization, then:
“Consular legalization is the certification of seals, signatures and titles by a competent Vietnamese state agency on foreign papers and documents so that such papers and documents can be recognized and used in Vietnam".
“Consular certification means that a competent Vietnamese agency certifies that Vietnam's seals, signatures and titles on papers and documents are recognized and used abroad”.
According to Article 5 of Decree 111/2011/ND-CP, Article 1 of Circular No. 01/2012/TT-BNG and the Ministry of Foreign Affairs' website on Consular Affairs at http://lanhsuvietnam.gov.vn The competent authorities for consular legalization of papers issued abroad or consular certification of papers issued in Vietnam are:
- Consular Department (Hanoi) carries out consular legalization procedures in Hanoi:
- 40 Tran Phu, Dien Bien, Ba Dinh, Hanoi
- Phone number: 024 3799 3125
- The Department of External Relations of Ho Chi Minh City carries out consular legalization procedures in Ho Chi Minh City.
- 184 bis Pasteur Street, Ben Nghe Ward, District 1, Ho Chi Minh City,
- Phone number: 028 3822 4224
- Diplomatic missions, consular offices or other agencies authorized to perform the consular function of Vietnam in foreign countries that have the jurisdiction to certify and legalize consul. This agency is usually the Embassy/Consulate General of Vietnam in foreign countries.
2. Dossier for consular legalization and consular certification in Vietnam
2.1. Dossier for consular legalization in Vietnam
Customers can carry out consular legalization at the Ministry of Foreign Affairs or a Vietnamese representative mission abroad. Within the scope of this article, we only refer to the implementation of consular legalization/certification in Vietnam. Specifically:
According to Article 14 of Decree 111/2011/ND-CP and Article 9 of Circular 01/2012/TT-BNG, documents for consular legalization at the Ministry of Foreign Affairs include:
+ 01 Consular legalization declaration according to the prescribed form;
+ Present the original of the personal identification paper in case of direct application;
+ 01 photocopy of the personal identification document in case the application is submitted by post;
+ Papers and documents requested for consular legalization, certified by a foreign diplomatic mission, consular office or other agency authorized to perform consular functions;
+ 01 translation of papers and documents requested for consular legalization into Vietnamese or English, if such papers and documents are not made in the above languages;
+ 01 photocopy of papers and documents mentioned at Points d and dd Article 14 of Decree 111/2011/ND-CP to be kept at the Ministry of Foreign Affairs.
+ In case the application file for consular certification and legalization is sent by post as prescribed in Clause 2, Article 6 of Decree 111/2011/ND-CP, it must be enclosed with an envelope clearly stating the address. recipient only.
2.2. Dossier for consular certification in Vietnam
Dossier for consular certification at the Ministry of Foreign Affairs includes:
a) 01 declaration of consular certification according to the prescribed form;
b) Presenting the original of the personal identification paper in case of direct application: Personal papers include the identity card, passport or a valid substitute for the passport.
c) 01 photocopy of the personal identification document in case the application is submitted by post. Photocopies of this ID do not have to be authenticated.
d) Papers and documents requested for consular certification, enclosed with 01 photocopy of these papers and documents to keep at the Ministry of Foreign Affairs.
In case it is necessary to check the authenticity of papers and documents requested for consular certification, the dossier-receiving officer may request the applicant for consular certification to produce additional originals of the papers and documents. related documents and submit 01 photocopy of these papers and documents to keep at the Ministry of Foreign Affairs.
In case it is necessary to check the authenticity of seals, signatures, and titles on papers and documents applying for consular certification, immediately after receiving the dossiers, the Ministry of Foreign Affairs shall make a written request to agencies or organizations. competent authority to make, notarize, authenticate and certify such papers and documents or verify by superior agencies or organizations. Within 05 (working) days from the date of receipt of the request, the agency or organization shall have to reply in writing to the Ministry of Foreign Affairs. Immediately after receiving the reply, the Ministry of Foreign Affairs shall settle and notify the result to the applicant for consular certification.
3. Time for consular legalization/consular certification in Vietnam
According to Clauses 5 and 6 of Article 11, Clause 4 of Article 14 and Clause 4 of Article 15 of Decree 111/2011/ND-CP, the time for processing a request for consular legalization/consular certification is:
- 01 (one) working day from the date of receipt of complete and valid dossier, or
- no more than 05 (five) working days if the application has 10 or more papers and documents;
- It may take longer if it is necessary to check the authenticity of the seal, signature, title on the paper or document requesting consular legalization/certification.
Thus, how long it takes for consular legalization depends on the quantity and nature of the documents. But in general, this time usually lasts no more than 1 working week.
4. Exemption from consular legalization and consular certification
Not all Vietnamese documents need to be consularly certified/legalized to be used abroad and vice versa. This is called exemption of consular legalization/certification.
Exemption from consular legalization means that a specific type of document is exempted from the consular certification step of the competent diplomatic agency of the country of use. Documents that are only exempt from consular legalization will still have to be certified by consular regulations.
Exemption from consular certification means that a specific document is exempt from consular certification by the competent diplomatic agency of the issuing country. Documents that are only exempt from consular certification will still have to be legalized according to regulations.
Thus, any document that is exempt from consular certification and legalization means that the owner can bring that document from the country of origin to the country of use for use without having to carry out any related procedures. related to consular certification and legalization.
Here are 4 types of papers and documents that are exempt from consular certification and legalization according to the provisions of Article 9 of Decree No. 111/2011/ND-CP dated December 5, 2011 of the Government:
(i) Papers and documents are exempted from consular certification and legalization under international treaties to which Vietnam and related foreign countries are members, or on the principle of reciprocity.
(ii) Papers and documents are transferred directly or through the diplomatic channel between the competent authority of Vietnam and the competent authority of the foreign country.
(iii) Papers and documents exempt from consular certification and legalization in accordance with Vietnamese law.
(iv) Papers and documents that the receiving agency of Vietnam or abroad does not require consular legalization or certification in accordance with relevant laws of Vietnam or foreign countries .
When learning about the list of countries exempt from consular legalization, we must learn about Vietnam's mutual legal assistance agreements or consular agreements with other countries. Accordingly, Vietnam is currently signing mutual legal assistance agreements and consular agreements, which are related to the issue of exemption from consular legalization, with 30 countries around the world such as: Republic of Poland. , Republic of Bulgaria, Republic of Cuba, People's Democratic Republic of Lao, Japan, etc.. Scope of mutual legal assistance exempted from consular legalization and certification includes:
- Serving and transferring judicial and extrajudicial documents and documents by a Court or other judicial authority,
- Carrying out procedural acts such as taking testimonies of witnesses or of the parties, examining or collecting evidence and exchanging civil status papers as well as any other procedural acts at the request of one of the Parties in order to serve legal assistance service.
In addition, other documents still need to be consular legalized/certified according to the consular legalization procedures of each country.
Above is the general advice of Dai Ha Thanh Law Firm on legal issues on consular legalization and certification in Vietnam. There have been many cases when doing administrative procedures with foreign elements but having documents and papers returned because those documents and papers have not yet carried out the procedures for consular certification and legalization. This causes confusion and anxiety for applicants. If you have any questions or issues, please contact us to receive professional legal advice.
