Nowadays, foreigners living and working in Vietnam are increasingly popular. However, there are also many problems related to their identity documents or qualifications. To use the above documents, they need to carry out consular legalization procedures. So, What is consular legalization, and what types of documents exempted from consular legalization in Vietnam? This article, LSX Law firm will provide some information related to the above legal issue.
Law on Representative Missions of the Socialist Republic of Vietnam in Overseas 2009;
Decree No. 111/2011/ND-CP;
Circular No. 01/2012/TT-BNG.
What is consular legalization in Vietnam?
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 papers and documents issued in foreign countries; for such papers and documents to be recognized and used in Vietnam.
For example, a Korean married a Vietnamese in Korea. A competent authority in Korea issued their marriage registration certificate; then, both returned to Vietnam to live. Thus, the two people must go to the competent authority of Vietnam to certify that the issued marriage certificate in Korea. This is the consular legalization of the marriage registration certificate.
However, consular legalization is the only certification of seals, signatures, and titles on papers and documents, not including certification of the content and form of papers and documents.
In particular, it is necessary to distinguish consular legalization from consular certification. Also, in Decree No. 111/2011/ND-CP, consular certification is certified by a competent Vietnamese agency of Vietnam’s seals, signatures, and titles on papers and documents so that such documents are recognized and used abroad.
Thus, consular legalization and consular certification are performed by competent Vietnamese authorities; papers and 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 are not used in Vietnam but are recognized and used abroad.
Documents exempted from consular legalization procedures in Vietnam.
Most foreign papers and documents must undergo consular legalization procedures; However, not all papers and documents of foreigners use in Vietnam need consular legalization in Decree No. 111/2011/ND-CP as follows:
The papers and documents are exempt from consular certification, consular legalization:
Firstly, papers and documents are exempt from consular certification and legalization under international treaties to which Vietnam and related foreign countries are members or on the principle of reciprocity.
Secondly, papers and documents transferred directly or through diplomatic channels between a competent Vietnamese agency and a foreign competent authority.
Moreover, papers and documents exempted from consular certification and legalization under Vietnamese law.
In addition, papers and documents that do not require consular legalization or certification by a Vietnamese or foreign receiving agency or consular certification under relevant Vietnamese or foreign laws.
According to this regulation, some countries and types of documents are exempt from consular legalization in Vietnam, typically: the Republic of Poland; Kingdom of Cambodia; China (Taiwan); Kingdom of Denmark; Kingdom of the Netherlands; French Republic; Swiss Confederation; People ‘Republic of China,…
Finally, hope this article is helpful for you!
According to the provisions of Article 9.4 of Decree No. 111/2011/ND-CP dated December 5, 2011, of the Government on consular certification and legalization, papers and documents that the receiving agency of Vietnam or foreign countries that do not require consular legalization or certification under the respective laws of Vietnam or abroad, they are also exempted from consular legalization and certification.
The implementation of the Agreements, as mentioned above, does not affect the legalization and consular certification of documents at the request of citizens at the competent authorities of Vietnam in order to create favorable conditions for citizens according to regulations. In Article 10.2 Circular 01/2012/TT-BNG dated March 20, 2012, of the Ministry of Foreign Affairs guiding the implementation of several Decree No. 111/2011/ND-CP dated December 5, 2011, of the Government on consular certification and legalization.