To use the above documents, they need to carry out consular legalization procedures. However, many people still wonder about difficulties in preparation and procedures. This article will provide some information related to the above legal issue.
Hello Lawyer, currently my child is studying abroad, so the state agency needs some papers and legalizes them. I do not quite understand, why the papers of the state agencies have a decent red mark but have to carry out additional procedures. What is consular legalization? How is the procedure done? Ask your Lawyer X to answer for you.
Legal grounds
- Law on Representative agencies of the Socialist Republic of Vietnam abroad in 2009;
- Decree No. 111/2011/ND-CP;
- Circular No. 01/2012/TT-BNG
What is consular legalization?
According to the provisions of Clause 2, Article 2 of Decree No. 111/2011/ND-CP; consular legalization is the certification of seals, signatures, and titles by a competent Vietnamese agency on foreign papers and documents; for such papers and documents to be recognized and used in Vietnam.
For example, a Korean person married to a Vietnamese person in Korea their marriage registration certificate is issued by a competent authority in Korea; After that, both return to Vietnam to live. Thus, the two people must go to the competent authority of Vietnam to certify the marriage certificate that has been issued in Korea; This is called consular legalization of marriage registration certificate. However, consular legalization is just certification of seals, signatures, and titles on papers and documents; does not imply certification of the content and form of papers and documents.
Does consular legalization require consular certification?
In particular, it is necessary to distinguish consular legalization from consular certification. Also in Decree No. 111/2011/ND-CP; consular certification is the certification by a competent Vietnamese agency of the seal, signature, and title on Vietnamese papers and documents so that such papers and documents can be recognized and used abroad.
Thus, consular legalization and consular certification are both performed by competent Vietnamese authorities. But papers; documents in carrying out consular certification procedures are Vietnamese papers and documents. At the same time; After the consular certification is completed, the above documents shall not be used in Vietnam; but to be recognized and used abroad.
Why is consular legalization necessary?
The reason why consular legalization is required is that: the consular legalization of your documents will help the foreign documents have legal value; used in Vietnam.
This procedure helps to protect the interests of foreigners in Vietnam. At the same time, it is easier for State agencies to manage foreigners. So:
To be recognized and used in Vietnam; foreign papers and documents must be consular legalized; except for papers and documents exempted from consular certification and legalization.
What are the papers and documents that not consular legalized?
Papers and documents not subject to consular legalization are specified in Article 10; Decree 111/2011/ND-CP on consular certification and legalization includes:
1. Papers and documents are corrected or erased but not corrected according to the provisions of law.
2. Papers and documents in the application for consular legalization contain conflicting details.
3. Papers and documents that are forged or are issued or certified against authority as prescribed by law.
4. Papers and documents with signatures and seals other than the original signature or seal.
5. Papers and documents with contents infringing upon the interests of the State of Vietnam.
Countries and types of documents are exempt from consular legalization in Vietnam
Some countries and types of documents are exempt from consular legalization in Vietnam such as:
- People’s and the Democratic Republic of Algeria for documents; documents used for mutual legal assistance criminal purposes; civil and commercial papers with the official signature and seal of the issuing authority;
- The Republic of Poland for employment documents; civil, family, and criminal cases established and authenticated by competent agencies; documents under the authority of consular officers;
- The Republic of Bulgaria for civil, marriage, family, and criminal documents; documents under the authority of consular officers;
- The Republic of Belarus for civil (commercial), family, labor, and criminal documents; documents under the authority of consular officers;
- The Kingdom of Cambodia for the document used for birth registration; settle marriages and recognition of fathers, mothers, and children with foreign elements; death declaration for foreigners permanently residing in border areas;
- etc.,
Consular legalization procedures
To know in detail what the consular legalization procedure is, let’s learn the following steps:
Step 1
Prepare documents related to consular legalization procedures, including:
– 1 declaration according to the form prescribed by Vietnamese law on consular legalization; according to form No. LS/HPH-2012/TK
– Identity card/Citizen ID/Passport with an expiry date of the applicant, photocopies needn’t authenticate (note: present the original if applying directly at the competent authority)
– Papers and documents requested for HPHLS (certified by a diplomatic mission, consular agency; or other agency authorized to perform the consular function of a foreign country, certifying the seal and signature).
– 1 Photocopy of papers and documents requested by HPHLS needn’t notarized. For documents such as marriage registration, school records, degrees, divorce certificates, etc., when applying, you need to bring the original for comparison.
– 1 Translation of papers and documents proposed for consular legalization into Vietnamese (in case the above documents and documents don’t make in the above language).
Step 2
Go to the application-receiving agency to submit directly or via online post (if any).
Step 3
The application-receiving agency for consular legalization shall receive the dossier and check its validity. If the application is complete as prescribed; issue a receipt for direct submission within 1 day; for documents that need consular legalization with 11 copies or more, the processing time is 2 working days. In case the application is incomplete, the applicant will guide to complete and supplement the application.
Frequently asked questions
In case of detecting papers and documents that have been issued wrongly, the agency competent to consular certification and legalization shall seize such papers and documents and notify relevant authorities to handle them.
Currently, the Ministry of Foreign Affairs has the authority to certify and legalize consular offices in the country. The Ministry of Foreign Affairs may authorize foreign affairs agencies of provinces and centrally-run cities to receive dossiers of application for consular certification and legalization.
In addition, diplomatic missions, consular offices, or other agencies authorized to perform the consular function of Vietnam in foreign countries have the authority to certify and legalize consular offices abroad.
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