What is consular legalization? Consular legalization procedures

Consular legalization is the procedure for certifying seals, signatures and titles on papers and documents issued by foreign competent authorities. The purpose of this procedure is to help those papers and documents be recognized and used legally in Vietnam. The article below will provide detailed information about consular authentication documents and procedures to help customers have an overview of this procedure.

What is consular legalization?

Pursuant to Clause 2, Article 2 of Decree 111/2011/ND-CP, consular legalization is defined as follows: “Consular legalization is the certification of seals, signatures, and titles on foreign papers and documents by competent Vietnamese agencies so that those papers and documents can be recognized and used in Vietnam.”

Papers and documents are exempt from consular legalization

Not all foreign documents require consular legalization. According to the provisions of Article 9 of Decree 111/2011/ND-CP, some cases are exempt from this procedure, including:

• Papers and documents are exempt from consular authentication according to international treaties to which Vietnam and the foreign country concerned are both members, or according to the principle of reciprocity.
• Papers and documents are transferred directly or through diplomatic channels between competent Vietnamese agencies and foreign competent agencies.
• Papers and documents are exempt from consular authentication according to Vietnamese law.
• Papers and documents that are not required by the receiving agency of Vietnam or a foreign country must be consular legalized in accordance with the corresponding legal regulations of Vietnam or foreign countries.

Papers and documents cannot be consular legalized

Besides the exempted cases, some types of papers and documents that cannot be consular legalized are specified in Article 10 of Decree 111/2011/ND-CP and Circular 01/2012/TT-BNG. Specifically includes the following cases:

• Papers and documents are edited or erased but not corrected according to law.
• Papers and documents with details within the papers and documents themselves that conflict with each other or with other papers and documents in the application for consular authentication.
• Documents are forged or issued or certified without authority according to the provisions of law.
• Papers and documents with signatures and seals that are not the original signatures, original seals that also have seals and signatures must not be directly affixed or signed directly on the papers and documents. Copies of stamps and signatures in any form are not considered original seals or signatures.
• Papers and documents with content that violates the rights and interests of the State of Vietnam, are inconsistent with the guidelines and policies of the State of Vietnam, or other cases that may cause disadvantages to the State of Vietnam.

Competence for consular legalization

Consular legal authority is determined as follows:

• The Ministry of Foreign Affairs has the authority to consulate legalization in the country. The Ministry of Foreign Affairs can authorize foreign affairs agencies of provinces and centrally run cities to receive dossiers requesting consular authentication. Accordingly, the Consular Department and the Department of Foreign Affairs of Ho Chi Minh City are agencies of the Ministry of Foreign Affairs assigned the authority to legalize consulates in the country.
• In addition, based on considering the needs and conditions of staff and facilities of each locality, the Minister of Foreign Affairs decided to authorize the Departments/Divisions/Foreign Affairs Sections of provinces and centrally run cities to receive dossiers requesting consular authentication and return the results.
• Diplomatic missions, consulates or other agencies authorized to perform consular functions of Vietnam abroad (hereinafter referred to as Representative Agencies) have the authority to consular authentication abroad.

Order and procedures for consular legalization

Consular legalization procedures are carried out according to Decree 111/2011/ND-CP and Circular 01/2012/TT-BNG.

Prepare documents

Consular legalization documents include:

According to Article 14 of Decree 111/2011/ND-CP and Circular 01/2012/TT-BNG, consular authentication documents at the Ministry of Foreign Affairs include:

• 01 consular legalization declaration;
• Present original identification documents in case of direct application;
• 01 photocopy of identification documents in case of submitting documents by post;
• Papers and documents requested for consular authentication have been certified by diplomatic missions, consulates or other agencies authorized to perform consular functions of the foreign country;
• 01 translation of papers and documents requested for consular authentication into Vietnamese or English, if the papers and documents are not prepared in the above languages;
• 01 photocopy of papers and documents mentioned in Points d and đ, Article 14 of Decree 111/2011/ND-CP to be kept at the Ministry of Foreign Affairs.

According to Article 15 of Decree 111/2011/ND-CP and Circular 01/2012/TT-BNG, consular authentication documents at representative agencies include:

• 01 consular legalization declaration;
• Present original identification documents in case of direct application;
• 01 photocopy of identification documents in case of submitting documents by post;
• Papers and documents requested to be consular legalized have been certified by the Ministry of Foreign Affairs or other competent foreign agencies where there is a Vietnamese representative agency or a concurrent Vietnamese representative agency;
• 01 translation of papers and documents requested for consular authentication into Vietnamese, English or a foreign language that the officer receiving the application can understand, if the papers and documents are not prepared in the above languages;
• 01 photocopy of papers and documents mentioned in Points d and đ, Article 15 of Decree 111/2011/ND-CP to keep at the Representative Agency.

Implementation procedures

To get consular legalization, you need to take the following steps:

Step 1: Submit application

Submit your application at the Ministry of Foreign Affairs or Vietnamese representative agencies abroad through one of the following methods:

• Direct;
• Via postal mail.

Step 2: Receive and process documents

• In case it is necessary to check the authenticity of papers and documents requested for consular legalization, the application receiving officer requires the person requesting consular authentication to present additional originals of relevant papers and documents and submit 01 photocopy of papers and documents to be kept at the Ministry of Foreign Affairs or Vietnamese representative agencies abroad.
• Compare the seal, signature and title in the certification of a foreign competent authority on papers and documents with the sample of seal, signature and title that has been officially notified by that country to the Ministry of Foreign Affairs or Vietnamese representative agencies abroad.
• In case the signature sample, seal sample and title of a foreign competent authority has not been officially announced or needs to be checked for authenticity, the Ministry of Foreign Affairs or Vietnamese representative agencies abroad request this agency to verify.

Step 3: Return results

After receiving complete dossiers, the Ministry of Foreign Affairs or Vietnamese representative agencies abroad will consularly legalize this dossier.

• Processing time is 01 working day from the date of receipt of complete documents.
• In case the dossier contains 10 papers or more, the processing time may be longer but must not exceed 05 working days.

Prestigious consular legalization consulting and guidance services in Long Phan Consulting Company

With a team of experienced experts, we provide fast, accurate and effective services, helping customers save time and effort. Our services on consular legalization include:

• Consulting on cases requiring consular legalization;
• Consulting on cases of exemption from consular legalization;
• Consulting on cases that cannot be consularly legalized;
• Consulting competent authorities on consular legalization;
• Consulting and guidance on preparing documents and consular legalization documents;
• Instructions on the order and procedures for consular legalization;
• Consulting, explanation guidance, additional documents (if any);
• Consulting and answering other related issues.

Frequently asked questions about consular legalization

Below are frequently asked questions about consular authentication, customers can refer to:

How are consular certification and consular authentication different?

Consular certification is the confirmation by a competent Vietnamese agency of documents issued by Vietnam for use abroad. Consular authentication is the confirmation by a competent Vietnamese agency of documents issued by a foreign country for use in Vietnam.

Why is it necessary to consularly legalize foreign papers and documents?

This procedure is to confirm that seals, signatures and titles on papers and documents are authentic and legal, thereby having their legal value recognized in Vietnam.

What types of documents are often required for consular authentication?

Common types of documents include birth certificates, marriage certificates, degrees, certificates of origin of goods, power of attorney,…

How long does consular legalization take?

The normal processing time is 01 working days from receipt of complete documents. For applications with 10 documents or more, the time can last up to 5 working days.

Can consular authentication documents be submitted through the postal service?

Yes, applicants can submit applications through the postal service.

What if foreign documents do not have Vietnamese or English translations?

The requester needs to submit a translation of those documents into Vietnamese, English or a foreign language that the officer receiving the application can understand.

What if the foreign competent authority has not notified the seal and signature sample to Vietnam?

The agency receiving the dossier will request that competent agency to verify the authenticity.

Where can I get consular legalization if I am abroad?

You can contact diplomatic missions, consulates or other agencies authorized to perform consular functions of Vietnam in the host country.

Consular legalization is a procedure to recognize the value of foreign documents in Vietnam. Long Phan Consulting Company provides professional consulting and support services, helping customers complete procedures quickly and effectively. If you have any needs, please contact us immediately via the hotline: 0906735386 for the best advice and support.