Circular No. 01/2012/TT-BNG guiding the implementation of certain provisions of Decree No. 111/2011/NĐ-CP dated December 5, 2011 of the Government on consular certification and legalization.

CIRCULAR

Guidelines for Implementing Certain Provisions of Decree No. 111/2011/NĐ-CP dated December 5, 2011 of the Government on Consular Certification and Legalization

of Consular Documents

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Pursuant to Decree No. 15/2008/NĐ-CP dated February 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Foreign Affairs;

Pursuant to Decree No. 111/2011/NĐ-CP dated December 5, 2011 of the Government on Consular Certification and Legalization of Consular Documents;

To ensure uniform implementation of provisions on consular certification and legalization of consular documents and facilitate citizens, the Ministry of Foreign Affairs issues guidelines for implementing certain provisions of Decree No. 111/2011/NĐ-CP dated December 5, 2011 of the Government on Consular Certification and Legalization of Consular Documents (hereinafter referred to as the Decree) as follows:

PART I

GENERAL PROVISIONS

Article 1. Authorities with Competence for Consular Certification and Legalization within the Country

Clause 1. The Consular Department and the Ho Chi Minh City Department of Foreign Affairs are authorities of the Ministry of Foreign Affairs authorized to conduct consular certification and legalization within the country.

Clause 2. Based on reviewing the needs and conditions of staff and material resources of each locality, the Minister of Foreign Affairs decides to delegate authority to the Departments/Divisions/Units of Foreign Affairs of provinces and centrally-administered cities (hereinafter collectively referred to as local foreign affairs authorities) to accept applications for consular certification and legalization and deliver results. The list of these authorities is regularly announced and updated on the Consular Work Information Portal at the address http://lanhsuvietnam.gov.vn.

Local foreign affairs authorities delegated authority shall not further delegate authority to other agencies.

Staff of local foreign affairs authorities delegated authority shall only accept and process applications for consular certification and legalization after being trained by the Ministry of Foreign Affairs on relevant procedures.

Article 2. Languages for Consular Certification and Legalization

The languages used for consular certification and legalization are Vietnamese and English.

Diplomatic missions, consular offices, or other agencies authorized to perform consular functions of Vietnam abroad (hereinafter collectively referred to as diplomatic missions) may use the official language of the country where the documents are used to replace English.

Article 3. Documents and materials that may be subject to consular certification

Documents and materials issued and certified by the agencies and organizations mentioned in Point d Clause 4 Article 11 of the Decree include:

1. Educational certificates and diplomas;

2. Health certificates;

3. Criminal records;

4. Other documents and materials that can be subject to consular certification according to the law.

Article 4. Documents and Materials Not Subject to Consular Certification and Legalization

Clause 1. Documents and materials mentioned in Clause 2 Article 10 of the Decree contain conflicting details within themselves or conflict with other documents and materials in the application for consular certification and legalization.

Clause 2. Documents and materials mentioned in Clause 4 Article 10 of the Decree simultaneously have stamps and signatures that were not affixed and signed directly on the documents and materials. Photocopies of stamps and signatures in any form are not considered original stamps and signatures.

Clause 3. Documents and materials mentioned in Clause 5 Article 10 of the Decree contain content violating the rights and interests of the Socialist Republic of Vietnam, are inconsistent with the policies of the Socialist Republic of Vietnam, or other cases that may be detrimental to the Socialist Republic of Vietnam.

Article 5. Documents and materials with seals, signatures, and positions that cannot be identified

The documents referred to in point a, Clause 2, Article 12 of the Decree include:

1. Documents with seals, signatures, and titles that have not been officially introduced.

2. Documents with seals, signatures, and titles that cannot be identified based on comparison with officially introduced seal models, signature samples, and titles, or based on verification results.

Article 6. Sending consular certification and legalization application files via postal service

The sending of files via postal service to the Consular Department or the Ho Chi Minh City Foreign Affairs Office as stipulated in Clause 2, Article 6 of the Decree shall be carried out at all post offices within the Vietnamese postal system according to the service agreement between the Consular Department of the Ministry of Foreign Affairs and Vietnam Post Joint Stock Company (EMS).

Article 7. Introduction of seal models, signature models, and positions

1. The introduction of seal models, signature models, and positions of agencies and organizations issuing, notarizing, certifying, and recognizing documents and materials as stipulated in Clause 4, Article 11 of the Decree shall be implemented as follows:

a) Agencies and organizations authorized to issue, notarize, and certify documents and materials in accordance with the law shall have the responsibility to introduce seal models, signature models, and positions of their agencies and organizations.

b) Agencies and organizations shall regularly review seal models, signature models, and positions of their agencies and organizations annually and report the results before February 1st of the following year.

c) The Consular Department and the Ho Chi Minh City Foreign Affairs Office shall accept the introduction of seal models, signature models, and positions of central agencies and local agencies and organizations.

Local foreign affairs agencies shall accept the introduction of seal models, signature models, and positions of local agencies and organizations and central agencies located in the locality sent to the foreign affairs agency; they shall transfer the original introduction document to the Consular Department and the Ho Chi Minh City Foreign Affairs Office within five working days from the date of receipt, and retain a copy of this document.

2. The Consular Department and the Ho Chi Minh City Foreign Affairs Office shall have the responsibility to introduce seal models, signature models, and positions of their own units to foreign diplomatic missions in Vietnam and Vietnamese diplomatic missions abroad.

3. Vietnamese diplomatic missions abroad shall have the responsibility to introduce seal models, signature models, and positions of their diplomatic missions to the Ministry of Foreign Affairs or other competent authorities of the foreign country.

4. In cases where there are changes to the seal models, signature models, and positions mentioned in Clauses 1, 2, and 3 of this Article, the relevant agencies must introduce new seal models, signature models, and positions within twenty working days from the date of change.

Article 8. Preservation of officially introduced seal models, signature models, and positions

Agencies authorized to certify consular recognition and legalization and local foreign affairs agencies shall have the responsibility to preserve indefinitely, scientifically, and systematically the officially introduced seal models, signature models, and positions.

Chapter II

PROCEDURES AND FORMALITIES FOR NOTARIZATION AND LEGALIZATION OF DOCUMENTS,

LEGALIZATION OF CONSULAR

Article 9. Application Files for Consular Certification and Legalization

1. Personal identification documents mentioned in point b, point c, Clause 1 of Articles 11, 13, 14, and 15 of the Decree include identity cards, passports, or substitute travel documents.

2. Photocopies of personal identification documents mentioned in point c, Clause 1 of Articles 11, 13, 14, and 15 of the Decree do not need to be certified.

3. Documents and materials for consular certification and legalization mentioned in point d, Clause 1 of Articles 11, 13, 14, and 15 of the Decree, if consisting of two pages or more, must be stamped across the seams between pages or bound together with string, glued, or secured by another method to prevent alteration of the pages.

4. Translations of documents and materials mentioned in point e, Clause 1 of Articles 14 and 15 of the Decree do not need to be certified; the applicant shall bear responsibility for the accuracy of the translation.

5. Documents and materials that do not require accompanying translations into Vietnamese or English as stipulated in point e, Clause 1 of Article 15 of the Decree are those established in Russian, French, Spanish, Chinese, or German languages and requested for legalization at corresponding diplomatic missions in Russia, France, Spain, China, or Germany. This provision also applies to documents and materials established in other languages, requested for legalization at other diplomatic missions, if such diplomatic missions have staff capable of understanding those languages.

6. In cases where application files for consular certification and legalization are sent via postal service as stipulated in Clause 2, Article 6 of the Decree, they must be accompanied by an envelope clearly marked with the recipient's address.

Article 10. Acceptance of Applications for Consular Certification and Legalization

1. When accepting applications for consular certification and legalization, if the application files are complete and valid as prescribed in Articles 11, 13, 14, and 15 of the Decree and Article 9 of this Circular, the competent authority shall issue a receipt, except in cases where the application files are sent via postal service. If the application files are incomplete or invalid, the competent authority shall guide the applicant to supplement and perfect the files.

2. If the documents and papers requested for consular certification and legalization fall under the cases stipulated in Article 9 and Article 10 of the Decree, the competent authority shall refuse to accept the application files and clearly explain the reasons to the applicant requesting consular certification and legalization.

In cases where, after being explained, the applicant still requests consular certification and legalization for documents and papers exempted from consular certification and legalization as prescribed in Article 9 of the Decree, the competent authority shall accept the application files for processing.

Article 11. Processing of Applications for Consular Certification and Legalization

1. If the documents and papers requested for consular certification and legalization do not fall under the cases stipulated in Article 10 of the Decree, the competent authority shall certify the seals, signatures, and titles on the documents and papers based on comparison with officially introduced seal samples, signature samples, and title samples.

In cases where local foreign affairs offices accept applications for consular certification and legalization, they must transfer them to the Consular Department or the Ho Chi Minh City Department of Foreign Affairs within one working day after conducting the aforementioned verification and comparison.

2. The competent authority certifying consular certification and legalization shall only certify seals or only certify signatures and titles on the documents and papers requested for consular certification and legalization in the following cases:

- Documents and papers that only have seals or only have signatures and titles;

- Documents and papers that only have original seals or only have original signatures.

3. The Consular Department or the Ho Chi Minh City Department of Foreign Affairs shall issue certificates regarding the presentation of documents and papers at the Ministry of Foreign Affairs for documents and papers falling under paragraph 2 of Article 12 of the Decree.

4. In cases where documents and papers falling under paragraphs 3 and 5 of Article 10 of the Decree are discovered, the competent authority certifying consular certification and legalization shall seize those documents and papers and notify relevant agencies for handling.

Article 12. Time Limit for Resolution

The time limit for resolution prescribed in paragraph 5 of Article 11 of the Decree is calculated based on the number of documents and papers requested for consular certification and legalization, regardless of whether these documents and papers consist of one or multiple pages.

Chapter III

IMPLEMENTATION

Article 13. Forms Used in Consular Certification and Legalization

a) Forms for implementing investment procedures applicable to investors and economic organizations conducting investment projects in Vietnam as specified in Appendix I;

- Application form for consular certification and legalization (model LS/HPH-2012/TK);

- Stamp for consular certification and legalization (model LS/HPH-2012/CN);

- Stamp for presentation of documents and papers (model LS/HPH-2012/XT);

- Introduction letter for seal models, signature models, and title models (model LS/HPH-2012/GT);

- Register of consular certification and legalization (model LS/HPH-2012/SĐK).

2. The Ministry of Foreign Affairs shall print and distribute the stamp forms for consular certification and legalization and the stamp forms for presentation of documents and papers for use domestically. Diplomatic missions may directly use the stamp forms issued together with this Circular or order stamps abroad according to the prescribed forms.

3. The application forms for consular certification and legalization, introduction letters for seal models, signature models, and title models, and registers of consular certification and legalization shall be posted on the Consular Affairs Portal at the address http://lanhsuvietnam.gov.vn for agencies, organizations, and individuals to download and use as needed.

Article 14. Effective Date

1. This Circular takes effect from May 15, 2012, and replaces Circular No. 01/1999/TT-NG dated June 3, 1999, issued by the Minister of Foreign Affairs, regulating procedures for the legalization of documents and papers.

2. During implementation, if there are difficulties or new issues arise, diplomatic missions and local foreign affairs offices shall promptly report to the Ministry of Foreign Affairs for consideration and resolution./.