CONSULAR LEGALIZATION OF FOREIGN DOCUMENTS: LATEST REGULATIONS OF 2023 THAT YOU NEED TO KNOW

Currently, some foreign papers and documents that want to be used in Vietnam need to be consular legalized. So what is consular legalization? Find out with OTIS LAWYERS in the article below!

Legal basis

Decree No. 111/2011/ND-CP of the Government on consular legalization and certification

Circular 01/2012/TT-BNG of the Ministry of Foreign Affairs guiding the implementation of a number of provisions of Decree No. 111/2011/ND-CP on consular legalization and certification

What is consular legalization?

According to Clause 2, Article 2 of Decree No. 111/2011/ND-CP of the Government:

“Consular legalization (CL) is the certification of seals, signatures and titles by a competent Vietnamese agency on foreign papers and documents so that those papers and documents can be recognized and used in Vietnam”.

Documents that need to be consular legalized

Unless otherwise exempt from CL, the following documents need CL in order to be used in the present country other than the issuing country:

– Degrees and certificates;

- Judicial Records;

- Marriage registration;

- Birth certificate;

- Health Certification…

Note: Papers, documents will not be consular legalized if:

- Being corrected or erased but not corrected in accordance with law;

– Forging or being granted or certified wrongly according to the provisions of law.;

– Having a signature, a seal that is not the original signature, or an original seal;

- Having content that infringes upon the interests of the State of Vietnam.

Dossier of request for consular legalization

For the CL of foreign papers and documents to be recognized and used in Vietnam, the dossier includes:

– 01 CL declaration form No. LS/HPH-2012/TK.

– The original identity document (ID card, passport or passport replacement) in case of direct application; or 01 photocopy of identity document (ID card, passport or passport replacement) for the case of submitting the application by post. This document does not need to be authenticated.

- Papers and documents requested CL (certified by diplomatic missions, consular offices or other agencies authorized to perform consular functions of foreign countries).

– 01 photocopy of papers and documents requested CL

– 01 translation of papers and documents requested CL into Vietnamese or English (if such papers and documents are not made in these languages). The translation is not certified. The applicant is responsible for the accuracy of the translation.

- 01 photocopy of translation of papers and documents.

– 01 envelope clearly stating the recipient's address (if the application is sent by post and the results are returned by post).

Note: In case it is necessary to check the authenticity of papers and documents requested for consular certification, the application-receiving officer may request the applicant for consular certification to produce additional originals and submit 01 photocopy of this document. Papers with 2 or more sheets must have a border stamp between the sheets.

Process and procedures for consular legalization

Step 1: Authentication of papers and documents abroad

Papers and documents that have been certified in foreign countries; and signed and certified by the Ministry of Foreign Affairs of that country.

Step 2: Apply for consular certification at foreign embassies in Vietnam

Papers and documents when coming to Vietnam will be brought to foreign embassies in Vietnam for consular certification.

Step 3: Apply for consular legalization at the Ministry of Foreign Affairs of Vietnam

Papers and documents will be brought to the Ministry of Foreign Affairs of Vietnam for consular legalization.

Step 4: Receive documents that have completed the consular legalization procedure

After completing the above procedures, you will receive documents that have been approved CL. Conduct notarized translation into Vietnamese for use in Vietnam. You do not need to do this section if the document is already in Vietnamese.

Some notes when conducting consular legalization

Consular legalization costs

CL fee is 30,000 VND/time. Fee for issuing copies of papers and documents is 5,000 VND/time.

Note:

– The cost of CL and consular certification is paid in Vietnam Dong (VND);

– This cost is only an expense from the competent authority of Vietnam. But to use those papers and documents in Vietnam/or abroad, you need to add consular legalization fees at the diplomatic mission of that country. This fee will vary by country.

Papers and documents that do not have to pay consular legalization fees

– Directly serving the activities of agencies of the Party, National Assembly, Government and ministries, ministerial-level agencies;

- Exemption from payment of CL fees under international treaties which the Socialist Republic of Vietnam has signed, acceded to or otherwise agreed upon, shall comply with such provisions;

– Exemption from payment of consular legalization fees by foreign organizations and individuals on the basis of “reciprocal” diplomatic relations; and other foreign affairs cases under specific decisions of the Ministry of Foreign Affairs.

Time for consular legalization

According to 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 time to handle CL requests 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 can be longer if it is necessary to check the authenticity of the seal; signature; title on paper; proposed documents are consular legalized

Thus, how long the consular legalization takes depends on the quantity and nature of the type of records and documents. But in general, this time is usually no more than 1 working week.

Consular legalization consulting service of OTIS LAWYERS

OTIS LAWYERS is always proud to be a professional unit in the field of consular legalization consulting. A team of highly qualified lawyers with extensive experience and dedication to clients, we believe that you will be provided with the best, most professional service, reasonable cost and time. Complete the process as quickly as possible. We commit that all client information is absolutely confidential and client interests always come first.

For any questions or comments, please contact:

OTIS AND PARTNERS LAW FIRM

Office address: K28 - Group K, Lane 68 Trung Kinh, Yen Hoa Ward, Cau Giay District, Hanoi

Email: [email protected]

Hotline: 0987748111