As is known, countries today promote exchanges and exchanges in terms of economy, culture… Therefore; the fact that Vietnamese people live and work abroad; As well as foreigners who wish to live and develop in our country, they must carry out consular legalization procedures. LSX Lawfirm will give you an article about: “Dossier to carry out consular legalization procedures in Vietnam”, as follows:
Legal grounds
Decree 111/2011/ND-CP
Circular 01/2012/TT-BNG
Circular 157/2016/TT-BTC
What is consular legalization?
According to Clause 2, Article 2 of Decree No. 111/2011/ND-CP of the Government: On consular certification and legalization; then:
“Consular legalization is the certification of seals, signatures and titles by a competent Vietnamese agency on foreign papers and documents so that such papers and documents can be recognized and used in Vietnam”.
So; conducting certification; consular legalization is just certification of seals and signatures; titles on dossiers, papers and documents without implying certification of the content and form of such documents and papers.
So, this is an administrative procedure carrying the function of confirming the value of a document of the countries; check the authenticity of the signature on the document to be certified and the identity of the person signing that document.
Then Agencies competent to consular legalization include:
In Vietnam: Consular Department of the Ministry of Foreign Affairs of Vietnam; Department of Foreign Affairs of Ho Chi Minh City.
In foreign countries: Diplomatic missions; consular offices; or another agency authorized to perform the consular function of Vietnam abroad has the competence to certify consular; consular legalization abroad.
Documents that need to be consular legalized
Except for cases of exemption from consular legalization; then the following documents are usually required for consular legalization/certification for use in a country other than the issuing country:
Degrees and certificates;
Judicial Records;
Marriage registration;
Health Certification, etc.
Cases exempt from consular legalization in Vietnam
Cases exempt from consular legalization include the following:
- Firstly, Documents and papers exempted from consular legalization under international treaties to which Vietnam is a signatory; and the countries concerned are members; or apply the principle of reciprocity between countries.
- Secondly, Documents and papers are transferred directly or through diplomatic channels between competent state agencies of Vietnam and competent agencies of other countries.
- Documents and papers prescribed for exemption from consular legalization according to Vietnamese law.
- Finally, Documents and papers received by competent Vietnamese agencies; or from countries that do not require consular legalization in accordance with Vietnamese and foreign laws.
Where is the consular legalization?
Accordingly, 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://anhsuvietnam.gov.vn ; we can see, the competent authorities consular legalization of papers issued in foreign countries; or consular certification of documents issued in Vietnam are:
So, The Consular Department (Hanoi) carries out consular legalization procedures in Hanoi: 40 Tran Phu, Dien Ban, Ba Dinh, Hanoi;
The Department of Foreign Affairs of Ho Chi Minh City carries out consular legalization procedures in Ho Chi Minh City: No. 184 bis Pasteur Street, Ben Nghe Ward, District 1, Ho Chi Minh City,
Diplomatic missions, consular offices; or another agency authorized to perform the consular function of Vietnam abroad has the authority to certify and legalize consular overseas. This agency is usually the Vietnamese Embassy/Consulate General abroad.
You can also refer to the article about Consular legalization service in Vietnam or Consular legalization procedures according to current regulations in Vietnam.
What documents are required to carry out consular legalization procedures?
To be able to carry out the consular legalization procedure, the requester needs to prepare the following documents:
- 01 Consular legalization declaration (according to the form);
- Identity card/Citizen ID or Passport with expiry date. In case these papers are not available, they shall be replaced with other valid documents to replace the passport (present the original in case of direct application at the agency);
- 01 photocopy of the identification papers as above if the applicant submits them by post (the documents do not need to be authenticated);
- Documents and papers requested for consular legalization certified by a diplomatic mission or another agency authorized to perform consular functions of a foreign agency;
- Translation of documents and papers requested for consular legalization into Vietnamese; or English (in case such documents and papers are not made in the above languages, 01 copy);
How is the consular legalization procedure done?
Step 1. Prepare the application with the above documents
Step 2. Send the application to the agency competent to receive the application
When receiving the consular legalization dossier of the requester, the dossier-receiving agency shall consider it; check the validity of the dossier, if the dossier is complete as prescribed; competent authority to issue a receipt (except for sending documents by post).
In case if the dossier is incomplete; If the application is not valid, the competent authority shall guide the applicant to supplement and complete the application.
If so the application file falls under the provisions of Article 9, Article 10 of Decree No. 11/2011/ND-CP; regulations on papers and documents exempt from consular legalization certification; and then cases where consular legalization not allowed; The receiving authority shall refuse the application and clearly explain it to the applicant for consular legalization.
Step 3. Time limit for application review and settlement
Accordingly 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 processing time for a request for consular legalization/consular certification is:
01 working day from the date of receipt of complete and valid documents, or
no more than 05 working days if the application has 10 or more papers and documents;
it also may take longer if it is necessary to check the authenticity of the seal, signature, title on the paper., the document requesting consular legalization/certification.
So; How long it takes for consular legalization depends on the quantity and nature of the type of dossier and documents. But in general, this time is usually no more than 01 working week.
Expenses for carrying out consular legalization procedures
Consular legalization fee is 30,000 VND/time. Fee for issuing copies of papers and documents is 5,000 VND/time.
Note:
So Consular legalization expenses collected in Vietnam Dong (VND),
So This cost is only a cost from the competent authority of Vietnam. But to use papers; If the document is in Vietnam/or abroad, you need to add the cost of Consular Legalization at the diplomatic mission of that country. This fee will vary by country.
The following papers are free for consular legalization: directly serving the activities of agencies of the Party, National Assembly, Government and ministries and ministerial-level agencies; then exempted from consular legalization fees according to international treaties to which the Socialist Republic of Vietnam has signed and acceded; or otherwise agreed upon, such provisions complied with; be exempt from the collection of legalization fees; of organizations; foreign individuals on the basis of “reciprocal” diplomatic relations and other foreign affairs under specific decisions of the Ministry of Foreign Affairs.
Related questions
According to Clause 1, Article 2 of Decree No. 111/2011/ND-CP:
“Consular certification” means that a competent Vietnamese agency certifies that Vietnam’s seals, signatures, and titles on papers and documents are recognized and used in the country. outside.
The agency competent to consular certification is also the agency competent to consular legalize documents abroad for use in Vietnam.
The consular legalization of documents will help foreign documents have legal validity; used in Vietnam. Some foreign investors who have not prepared consular legalization documents at the Ministry of Foreign Affairs need for consular legalization; often face many difficulties when cooperating with domestic companies.
This procedure helps to protect the interests of foreigners in Vietnam. At the same time, it is easier for State agencies to manage foreigners. From there they will be more responsible when working; study and live in our country.
Administrative procedures that require consular certification of documents issued in Vietnam, including:
Apply for a job abroad,
Apply to settle in a foreign country,
– Registration of marriage with a foreigner in a foreign country,
Apply for foreign citizenship, etc.
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