Currently, due to the continuous development of social integration, issues related to documents exchanged between countries become significant. The competence to issue documents belongs to different authorities, of different countries, and this creates difficulties for citizens in using one country’s documents in another country’s territory. After consular legalization, they often have to certify the documents. In this article, LSX legal firm will help you with the question: “Where to certify documents with foreign language in Vietnam?”
Legal grounds
- Decree 23/2015/ND-CP
- Circular 01/2020/TT-BTP
Types of certification
Certification means the authentication by a competent authority of the accuracy and legitimacy of papers, documents, signatures, and personal information of individuals and organizations involved in civil, economic, and administrative relations.
Under Decree 23/2015/ND-CP, there are 4 kinds of certification:
- Firstly, issuance of copies from master registers: agencies or organizations issue copies based on the master registers they manage. Copies from master registers shall contain adequate and accurate information as written in the master registers
- Secondly, certifying copies of originals as true: competent agencies certify copies of the originals as true based on the originals.
- Thirdly, authentication of signatures: competent agencies authenticate signatures on papers and documents as signatures of the person concerned.
- Fourthly, authentication of contracts: competent agencies authenticate the time and venue where the contracts are executed; civil capacity, willingness, signatures, or append fingerprints of contracting parties.
Besides, Decree 23/2015/ND-CP provides definition for the following terms:
“Originals” mean any paper, document issued, re-issued, or replaced by competent authorities; any paper, or document prepared by individuals with confirmations, legal seals affixed by competent authorities.
“Copy” means a photocopy from the original or a typed copy with complete and exact content as recorded in the original book.
“Master register” means the register made by a competent authority as the basis for the issuance of originals as regulated and containing information exactly the same as that of the original issued by such competent authority.
“Authenticating person” means head or deputy head of the Justice Office of provincial-affiliated districts and cities; presidents, vice-presidents of the People’s Committees of communes, notaries, notary offices; diplomats, consuls of diplomatic missions, consulate representative agencies and other agencies authorized to act as consuls in foreign countries.
Competence to certify foreign paper
Article 5 of Decree 23/2015/ND-CP stipulates the authorities and responsibilities for certification as follows:
Article 5. Authorities and responsibilities for authentication
1. The Justice offices of provincial-affiliated districts and cities (hereinafter referred to as the Justice Office) shall:
a) Certify true copies from originals of papers, documents issued or certified by Vietnamese competent authorities, foreign competent authorities, or Vietnamese competent authorities in association with foreign competent authorities.
b) Authenticate signatures on papers and documents;
c) Authenticate signatures of translators with respect to papers and documents translated from a foreign language to Vietnamese or vice versa;
d) Authenticate contracts concerning properties as movables;
dd) Authenticate agreements for division of heritage, written admission of heritage as movables;
Heads and deputy heads of the Justice Office shall carry out authentication for the aforesaid matters as regulated in this Clause, sign their names and affix seals.
3. Diplomatic missions, consulate representative agencies, and other agencies authorized to act as consuls in foreign countries (hereinafter referred to as the representative agency) have authorities and responsibilities for authenticating the matters as defined in Points a, b, and c of this Clause. Diplomats and consuls shall carry out authentication, sign names, and affix seals;
4. Notaries have authority and responsibilities for authenticating the matters as defined in Points a, Clause 1, Point b, Clause 2 of this Article, signing names and affixing seals of the Notary Office.
5. Certification of true copies from originals, authentication of signatures, contracts concerning properties as movables, and authentication of testament as defined in this Article shall not be dependent on the residency of requesters for authentication.
Accordingly, the competence to certify papers in foreign language belongs to the Justice Office, Diplomatic missions, consulate representative agencies, other agencies authorized to act as consuls in foreign countries (representative agencies), and notary offices. However, notaries from notary offices can certify signatures on papers and documents but can not certify signatures of translators.
Consular legalization of papers
Article 1 of Decree 23/2015/ND-CP stipulates that in case originals of papers, or documents that were issued, notarized, or certified by a foreign competent agency or organization, they must be consular legalized according to the law before certification of true copies is performed except for cases of exemption from consular legalization as prescribed in the International Agreement to which Vietnam is a signatory or according to the principle of reciprocity.
Therefore, you must get your foreign papers consular legalized before the certification of copies, unless they fall into the cases of exemption from consular legalization as prescribed in the International Agreement to which Vietnam is a signatory or according to the principle of reciprocity.
Exemption of consular legalization
Circular 01/2020/TT-BTP on elaborating to Decree 23/2015/ND-CP on issuing copies from master registers, certification of true copies from originals, authentication of signatures and contracts stipulates that:
Article 6. Consular legalization with respect to documents issued by foreign competent agencies
Documents issued by competent agencies namely passports, ID cards, temporary residence cards, permanent residence cards, driving licenses, graduation degrees, certificates, grade sheets attached to graduation degrees, and certificates are not required to be consular legalized when authenticating copies from master registers. In the case of applying for authentication of translators’ signatures on said documents, consular legalizing is not required.
Thus, you do not have to consular legalize passports, ID cards, temporary residence cards, permanent residence cards, driving licenses, graduation degrees, certificates, grade sheets attached to graduation degrees, and certificates for certification and authentication.
Papers that can not be certified?
Under Article 22 of Decree 23/2015/ND-CP, the originals of papers and documents that can not serve as the basis for certification of true copies include:
- Firstly, originals with information erased, modified, added, or removed with invalid content.
- Secondly, originals damaged, crushed with unidentifiable information
- Thirdly, originals affixed with a ‘confidential’ seal of a competent agency or affixed with no seal but clearly stating that photocopying is not permitted.
- Fourthly, originals containing information going against the law and social ethics, information propagating war inciting, anti-Vietnamese socialist regime, distorting the history of Vietnamese people, offending reputations, dignities, prestige, and citizenship of organizations, individuals.
- Also, originals issued, notarized, or certified by competent agencies from foreign countries without consular legalization.
- Lastly, papers, documents prepared by individuals without confirmation and seals from competent agencies, and organizations;
Legal service of LSX Legal Firm
LSX legal firm provides legal services to clients in various legal areas. To make your case convenient, LSX will perform:
- Legal advice related to new regulations;
- Representing in drafting and editing documents;
- We commit the papers to be valid, and legal for use in all cases;
- Represent to submit documents, receive results, and hand them over to customers.
With a team of experienced, reputable, and professional consultants, The firm is always ready to support and work with clients to solve legal difficulties.
Furthermore, using our service, you do not need to do the paperwork yourself; We guarantee to help you prepare documents effectively and legally.
Also, you will not have to waste time preparing the application, submitting application, or receiving results. At those stages, we will help you do it smoothly.
After all, LSX provides the service with the desire that customers can experience it the best way. Additionally, we guarantee the cost to be the most suitable and economical for customers.
Contact LSX
This article contains information about “Where to certify documents with foreign language in Vietnam?”. In recent years, we have supplied effective legal advice to businesses and individuals at reasonable prices and with efficient results. We always update and keep our operations and services in line with the law by adhering to legal principles. If you need any further information from the firm’s solicitors, please contact LSX Law firm: +84846175333 or Email: [email protected]
See more
Unilaterally cancel the notarized real estate purchase and sale contract in Vietnam
Where to certify foreign passport in Vietnam?
Procedures for foreigners working in Vietnam
Frequently asked questions
At a representative agency, the fee for authentication of translator’s signature is 10 USD for each.
The fee for authentication of translator’s signature at representative is 10.000 VND for each.
1. Organizations and individuals that issued with originals.
2. Legal representatives, persons authorized by organizations, and individuals.
3. Parents, children; spouses, sisters, brothers; other heirs of the original grantee in the event that such person has died.
Conclusion: So the above is Where to certify documents with foreign language in Vietnam?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
