CONSULAR CERTIFICATION.

 

Pursuant to the Government’s Decree No. 111/2011/ND-CP on consular certification and legalization issued on December 5, 2011 stipulates:

Article 1. Scope

This Decree prescribes the competence, order and procedures for leadership certification and consular legalization; content of state management and responsibilities of agencies, organizations and individuals for consular certification and legalization.

Article 2. Interpretation of terms

In this Decree, the following terms are construed as follows:

  1. “Consular certification” means the Vietnamese competent authority certifying the seal, signature and title on Vietnamese papers and documents so that such papers and documents can be recognized and used. in another country.
  2. “Consular legalization” means 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. used in Vietnam.

Article 3. Contents of consular certification and legalization

Consular certification and legalization is only certification of seals, signatures and titles on papers and documents, not implying certification of the content and form of papers and documents.

Article 4. Consular certification and legalization requirements

  1. In order to be recognized and used abroad, Vietnamese papers and documents must be consularly certified, except for the case specified in Article 9 of this Decree.
  2. To be recognized and used in Vietnam, foreign papers and documents must be consularly legalized, except for the case specified in Article 9 of this Decree.

Article 5. Authorities competent for consular certification and legalization of Vietnam

  1. The Ministry of Foreign Affairs has the authority to certify and legalize consular affairs 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.

  1. Diplomatic missions, consular offices or other agencies authorized to perform the consular function of Vietnam in foreign countries (hereinafter referred to as representative offices) are competent to certify consular, consular legalization abroad.

 

Article 6. Applicants for consular certification and legalization

  1. Agencies, organizations and individuals may apply for consular certification and legalization of their own or other people’s papers and documents without a power of attorney.
  2. Agencies, organizations and individuals submit dossiers directly at the agency competent to consular certification and legalization or through an authorized foreign affairs agency as prescribed in Clause 1, Article 5 of the Decree. regulations or send it by post.

Article 7. Language and location for consular certification and legalization

  1. The language used for consular certification and legalization is Vietnamese and the official language of the country where such documents are used, or English or French.
  2. The place for consular certification and legalization is the headquarters of the Ministry of Foreign Affairs and the overseas Vietnamese representative mission.

Article 8. Consular certification and legalization expenses

  1. Applicants for consular certification and legalization must pay fees.
  2. Fees, collection, payment, management and use regimes comply with the guidance of the Ministry of Finance.
  3. In case of submitting dossiers by post, applicants for consular certification and legalization must pay two-way postage charges.

Article 9. Papers and documents exempt from consular certification and legalization

  1. 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.
  2. Papers and documents are transferred directly or through diplomatic channels between a competent Vietnamese agency and a foreign competent authority.
  3. Papers and documents exempted from consular certification and legalization in accordance with Vietnamese law.
  4. Papers and documents that are not required by the receiving agency of Vietnam or abroad for consular legalization or certification in accordance with relevant Vietnamese or foreign laws.

Article 10. Papers and documents that are not consularly certified or legalized

  1. Papers and documents are corrected or erased but not corrected according to the provisions of law.
  2. Papers and documents in the application file for consular certification or legalization contain conflicting details.
  3. Papers and documents that are forged or issued or certified against authority according to law provisions.
  4. Papers and documents with signatures and seals other than the original signature or seal.
  5. Papers and documents with contents that infringe upon the interests of the State of Vietnam.

Vietnamese papers and documents must be consularly certified, except for the case specified in Article 9 of this Decree.

  1. To be recognized and used in Vietnam, foreign papers and documents must be consularly legalized, except for the case specified in Article 9 of this Decree.

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