Nowadays, foreigners living and working in Vietnam are increasingly popular and vice versa. However, there are also many problems related to identification documents; or their degrees. To use the above documents, they need to carry out this procedures. There are some documents that need it such as marriage certificate, birth certificate, marriage certificate, etc. However, many people still wonder about difficulties in preparation. as well as procedures. So, what is consular legalization and what types of documents are exempt from it? The article LSX Lawfirm 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 does consular legalization means?
Accordingly, the provisions of Clause 2, Article 2 of Decree 111/2011/ND-CP, it means that a competent Vietnamese agency certifies seals, signatures and titles on foreign papers and documents; for such papers and documents that the law recognized and used in Vietnam.
For example, a Korean gets married to a Vietnamese in Korea, their marriage registration certificate is issued by a competent authority in Korea; After that, both returned to Vietnam to live. Thus, the two must go to a competent Vietnamese agency to certify that the marriage certificate that competent authority issued in Korea; This is consular legalization of marriage registration certificate. However, it is only certifying seals, signatures and titles on papers and documents; does not imply certification of the content and form of papers and documents.
Related article: What is the difference between a consulate and an embassy?
Consular legalization requires consular certification?
In particular, it is necessary to distinguish consular legalization from consular certification. Also in Decree No. 111/2011/ND-CP; Consular certification means that a competent Vietnamese agency certifies the seal, signature and title on Vietnamese papers and documents so that such papers and documents competent authority can recognize and it can use abroad.
Thus, competent authorities of Vietnam did consular legalization and consular certification are both. But papers; documents in carrying out consular certification procedures are Vietnamese papers and documents. Simultaneously; After the competent authority completed the consular certification, they shall not use above documents in Vietnam; but they shall recognize and use abroad.
Why is consular legalization necessary?
The reason why the law required because: it attached your documents will help the foreign documents have legal validity; used in Vietnam.
This procedure helps protect the interests of foreigners in Vietnam. At the same time, State agencies are also easier to manage foreigners. So:
To be recognized and used in Vietnam; foreign papers and documents must be consularly legalized; except for papers and documents exempted from consular certification and legalization.
Documents that are not consular legalized
- Not subject to it are specified in Article 10; Decree 111/2011/ND-CP on consular certification and legalization includes:
- Corrected or erased but not corrected in accordance with law.
- In the application for it contain conflicting details.
- Forged or issued or certified against authority according to the provisions of law.
- With signatures and seals that are not original signatures or original seals.
- With contents that infringe upon the interests of the State of Vietnam.
Types of documents exempted from consular legalization procedures
Accordingly, most foreign papers and documents must undergo this procedures. However; not all papers; Documents of foreigners to be used in Vietnam need it. Some cases are exempted from this procedures in Decree No. 111/2011/ND-CP as follows:
1. Papers and documents exempted from consular certification and legalization under treaties to which Vietnam and foreign countries concerned are contracting parties, or on the reciprocity principle.
2. Papers and documents delivered directly or via diplomatic channel between competent Vietnamese and foreign agencies.
3. Papers and documents exempted from consular certification and legalization under Vietnamese laws.
4. Papers and documents not required of consular certification and legalization by receiving Vietnamese or foreign agencies under relevant Vietnamese or foreign laws.
Countries and types of documents are exempt from consular legalization in Vietnam
You can refer to the article: Countries and types of documents are exempt from consular legalization in Vietnam
Consular legalization procedures
To know in detail what is the this procedure, let’s learn the following steps:
Prepare documents related to this procedures, including:
– Firstly, 1 declaration according to the form prescribed by Vietnamese law on it; according to the form No. LS/HPH-2012/TK
– Secondly, Identity card/Citizen ID/Passport with a valid copy of the applicant without authentication (note: present the original if submitting the application directly at the competent authority)
– Thirdly, Papers and documents requested HPHLS (certified seals and signatures by diplomatic missions, consular offices; or other agencies authorized to perform consular functions of foreign countries).
– Then, 1 Photocopy of the proposed document, which notarized . For documents such as marriage registration, academic records, degrees, divorce certificates, etc., when submitting the application, you need to bring the original for comparison.
– Finally, 1 Translation of papers and documents proposed for it into Vietnamese (in case the above documents and documents competent authority made in the above language)
Go to the application-receiving agency to submit directly or indirectly via online post (if any).
The dossier-receiving agency requesting it shall receive the dossier and check its validity. In case the dossier is complete as prescribed; issue a receipt for direct submission within 1 day; for documents that need it with 11 copies or more, the processing time is 2 working days. In case the application is incomplete, the law guides the applicant to complete and supplement the application.
The consular legalization is only certification of seals, signatures, titles on papers and documents, does not imply certification of the content and form of papers and documents.
The language used for consular legalization is Vietnamese and English.
Diplomatic missions, consular offices or other agencies authorized to perform the consular function of Vietnam in foreign countries may use the official language of the country where the papers and documents are used to replace them. substitute for English.
In case of detecting papers and documents that have been issued improperly, the agency competent to consular certification and legalization shall seize such papers and documents and notify relevant functional agencies to handle.
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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Hope this article: “What does consular legalization means?” is useful for you.