Passport is an indispensable legal document when citizens want to go abroad. In order to get a passport, citizens need to go through the procedures to apply for a passport at a competent agency. Additionally, many administrative procedures require the applicant to present a passport or certified copy. In this article, LSX legal firm would like to answer the question: “Where to certify foreign passport in Vietnam?”
legal grounds
- Decree 23/2015/ND-CP
- Circular 01/2020/TT-BTP
Passport and definitions of terms regarding certifying a foreign passport
According to the Law on exit and entry of Vietnamese citizens, a passport is a document under the ownership of the State, issued by a competent Vietnamese agency to Vietnamese citizens to use for entry, exit, and to prove nationality and identity.+
According to the Law on foreigners’ entry into, exit from, transit through, and residence in Vietnam, a paper proving foreign nationality is a paper issued by a foreign competent authority or the United Nations, i.e. passport or passport substitute (below referred to as passport).
Thus, a foreign passport means a document that a foreign state agency or the United Nations issues to a foreign citizen to prove the foreigner’s nationality, exit from, and entry into a country’s territory.
Besides, Decree 23/2015/ND-CP provides for the following terms:
“Certifying copies of originals as true” means competent agencies as defined hereof shall certify copies of the originals as true based on the originals.
“Authentication of signatures” means competent agencies authenticate signatures on papers, and documents as signatures of the person concerned.
“Originals” mean any paper, document issued, re-issued, or replaced by competent authorities; any paper, 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.
Where to certify foreign passport?
Under Decree 23/2015/ND-CP, the competence to certify a foreign passport 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.
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.
Procedure for certification of foreign passport
Article 20 of Decree 23/2015/ND-CP stipulates the procedures for the certification of papers as follows:
Article 20: Procedures for certification of true copies from originals
1. Requesters must present originals of papers and documents as the basis for certification of true copies and a copy to be certified as true.
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;
2. In case requesters present originals only, the agency or organization shall have them photocopied for authentication except the agency or organization has no means of photocopying.
3. Authenticating person shall examine the originals and make comparisons. If information of copies is the same as that of originals, originals of paper, or documents other than as defined in Article 22 hereof, authentication shall be performed as follows:
a) Fully write testimonies for certification of true copies from originals according to the form as regulated;
b) Sign and write full name, affix seal of the agency that performs authentication, and record it in the authentication book.
If a copy has at least two pages, testimonies should be written on the last page, if a copy has at least two sheets, a stamp must be affixed on its adjoining edges.
One or more copies that are authenticated from one original at the same time shall be noted in the book with only one authentication number.
Do you have to consular legalize passport for certification?
According to 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:
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 your passport for certification and authentication.
Can the agency performing certification of passport extend the time limit of the procedure?
In case certification of true copies is done simultaneously from various kinds of originals or multi-page originals with multiple copies required and information of the primary document is complicated, hard to check and the time limit as defined in Decree 23/2015/ND-CP can not be met, the agency that performs certification shall be permitted to extend a maximum of two working days or longer depending on a written agreement with the requester.
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;
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Furthermore, using our service, you do not need to do the paperwork yourself; We guarantee to help you prepare documents effectively and legally.
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This article contains information about “Where to certify foreign passport 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
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Making a passport for foreigners under Vietnam law
Frequently asked questions
Time limit for authentication must be ensured right on the day the request for authentication is received or on the following day if the request is received after 15 o’clock
– Originals of papers, documents issued by competent agencies and organizations.
– Originals of papers, documents prepared by individuals with confirmation and seals from competent agencies and organizations.
“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.
Conclusion: So the above is Where to certify foreign passport in Vietnam?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
