Decree No. 111/2011/ND-CP on Consular Certification and Legalization

In this Decree, the following terms shall be understood as follows:

1. "Consular certification" is the act of a competent authority of Vietnam certifying the seal, signature, and title on documents and papers of Vietnam to enable such documents and papers to be recognized and used abroad.

2. "Legalization" is the act of a competent authority of Vietnam certifying the seal, signature, and title on documents and papers from foreign countries to enable such documents and papers to be recognized and used in Vietnam.

1. The languages used for consular certification and legalization are Vietnamese and the official language of the country where the documents will be used, or English and French.

2. The locations for consular certification and legalization are the headquarters of the Ministry of Foreign Affairs and Vietnamese diplomatic missions abroad.

1. Applicants for consular certification and legalization must pay fees.

2. The collection, payment, management, and use of fees shall be carried out according to the guidelines of the Ministry of Finance.

3. In cases where applications are submitted via postal service, applicants for consular certification and legalization must pay round-trip postal charges.

1. Documents and materials exempt from consular certification and legalization pursuant to international treaties to which both Vietnam and the relevant foreign country are members, or based on the principle of reciprocity.

2. Documents and materials directly transferred or transmitted through diplomatic channels between competent authorities of Vietnam and those of a foreign country.

3. Documents and materials exempt from consular certification and legalization according to Vietnamese law.

4. Documents and materials for which the receiving authority in Vietnam or the foreign country does not require consular legalization or certification in accordance with the corresponding laws of Vietnam or the foreign country.

1. Documents and materials that have been altered, erased but not corrected in accordance with the law.

2. Documents and materials in the application for consular certification and legalization containing conflicting details.

3. Counterfeit documents and materials or those issued, certified without proper authority according to the law.

4. Documents and materials bearing signatures or seals that are not original signatures or seals.

5. Documents and materials containing content that infringes upon the interests of the State of Vietnam.

Article 12. Consular Certification of Documents and Materials Presented at the Ministry of Foreign Affairs

1. For documents and materials not eligible for consular certification under the procedures stipulated in Article 11 of this Decree, but to facilitate their acceptance and use abroad and at the request of the applicant for consular certification, the Ministry of Foreign Affairs will certify such documents and materials presented at the Ministry of Foreign Affairs.

2. The certification procedure provided for in Clause 1 of this Article applies to the following documents and materials:

a) Documents and materials with signature samples, seal samples, and titles no longer available at the agency, organization that issued, notarized, or authenticated the documents and materials, or cannot be identified;

b) Documents and materials issued by the former government before April 30, 1975.

3. The dossier, formalities, and time limit for resolution shall be governed by Clauses 1, 2, and 5 of Article 11 of this Decree.

Article 13. Procedure and Formalities for Consular Certification by Vietnamese Representative Offices Abroad

1. The applicant for consular certification submits one set of dossier including:

a) One Application Form for Consular Certification according to the prescribed model;

b) Presentation of the original identity document when submitting the dossier in person;

c) One copy of the identity document when submitting the dossier via postal service;

d) Documents and materials proposed for consular certification, already certified by the Ministry of Foreign Affairs of Vietnam according to Article 11 or Article 12 of this Decree, accompanied by one copy of these documents and materials to be kept by the representative office.

2. The representative office conducts consular certification based on comparing the seals, signatures, and titles in the consular certification of the Ministry of Foreign Affairs of Vietnam on the documents and materials with the seal samples, signature samples, and titles announced by the Ministry of Foreign Affairs of Vietnam.

3. The time limit for resolution is governed by Clause 5 of Article 11 of this Decree.

4. In cases where it is necessary to verify the authenticity of the seals, signatures, and titles on the documents and materials proposed for consular certification, immediately upon receipt of the dossier, the representative office issues a written request to the Ministry of Foreign Affairs for verification. Within two working days from the date of receipt of the request, the Ministry of Foreign Affairs has the responsibility to reply in writing to the representative office. Upon receipt of the reply, the representative office resolves the matter and informs the result to the applicant for consular certification.

1. The applicant for consular certification submits one set of dossier including:

a) One consular certification application form as prescribed;

b) Presentation of the original identity document when submitting the dossier in person;

c) One copy of the identity document when submitting the dossier via postal service;

d) Documents and materials to be certified, accompanied by one copy of these documents and materials to be kept at the Ministry of Foreign Affairs.

2. In cases where it is necessary to verify the authenticity of the documents and materials to be certified, the staff receiving the dossier may request the person applying for consular certification to present the original documents and materials related thereto and submit one copy of these documents and materials to be kept at the Ministry of Foreign Affairs.

3. Consular certification shall be carried out based on:

a) Comparing the seals, signatures, and titles on the documents and materials to be certified with the officially notified seal models, signature models, and titles to the Ministry of Foreign Affairs; or

b) The verification results from competent authorities in Vietnam confirming the authenticity of the seals, signatures, and titles.

4. The consular certification as stipulated in Clause 3 of this Article applies to documents and materials established, notarized, certified, or authenticated by the following agencies and organizations:

a) Agencies under the National Assembly, President, Government, Courts, Procuracy; central and local state administrative agencies;

b) Central agencies of the Communist Party of Vietnam, Central Committee of the Vietnam Fatherland Front, Vietnam General Confederation of Labor, Vietnam Women's Union, Central Committee of the Ho Chi Minh Communist Youth Union, Vietnam Farmers' Union, Vietnam Veterans' Association, Vietnam Friendship Association, Vietnam Federation of Literature and Art Associations, Vietnam Association for Science and Technology, Vietnam Federation of Trade Unions, Vietnam Chamber of Commerce and Industry;

c) Notary public organizations in Vietnam;

d) Other agencies and organizations as prescribed by law.

5. The processing time limit is one working day, counted from the date of receipt of complete and valid dossiers. In cases where the number of documents and materials reaches ten or more, the processing time limit may be longer but shall not exceed five working days.

6. In cases where it is necessary to verify the authenticity of the seals, signatures, and titles on the documents and materials to be certified, immediately upon receipt of the dossier, the Ministry of Foreign Affairs shall issue a letter requesting the agency or organization that established, notarized, certified, or authenticated the documents and materials or its superior agency to verify. Within five working days from the date of receipt of the request, the responsible agency or organization must reply in writing to the Ministry of Foreign Affairs. Immediately upon receipt of the reply, the Ministry of Foreign Affairs will process and notify the result to the person applying for consular certification.

Article 15. Procedure for Consular Legalization at Vietnamese Representative Offices Abroad

1. The person applying for consular legalization submits one set of dossier including:

a) One consular legalization application form as prescribed;

b) Presentation of the original identity document when submitting the dossier in person;

c) One copy of the identity document when submitting the dossier via postal service;

d) Documents and materials to be legalized, which have been certified by the Ministry of Foreign Affairs or another competent authority of the foreign country where the Vietnamese representative office is located or the Vietnamese representative office acting on behalf of another country;

đ) One translation of the documents and materials to be legalized into Vietnamese, English, or another language that the staff receiving the dossier can understand, if the documents and materials are not drafted in the aforementioned languages;

e) One copy of the documents and materials mentioned in points d and đ to be kept at the representative office.

2. In cases where it is necessary to verify the authenticity of the documents and materials to be legalized, the staff receiving the dossier may request the person applying for legalization to present the original documents and materials related thereto and submit one copy of these documents and materials to be kept at the representative office.

3. The representative office carries out consular legalization based on comparing the seals, signatures, and titles in the certification of the foreign competent authority with the officially notified seal models, signature models, and titles by that country to the representative office.

4. The processing time limit is as prescribed in Clause 5 of Article 11 of this Decree.

5. In cases where the seal models, signature models, and titles of the agency and person authorized to certify consular documents abroad have not yet been officially notified or require verification, the representative office requests the foreign competent authority to verify. Immediately upon receipt of the verification results, the representative office processes the dossier and returns the result to the party concerned.

1. The person applying for consular legalization submits one set of dossier including:

a) One consular legalization application form as prescribed;

d) One certified translation of the document or material to be legalized into Vietnamese or English if such documents or materials are not in these languages.

2. In cases where it is necessary to verify the authenticity of the documents or materials to be legalized, the staff receiving the dossier may request the person applying for legalization to present the original documents or materials and submit one copy of these documents or materials for retention at the Ministry of Foreign Affairs.

4. The processing time limit is as prescribed in Clause 5 of Article 11 of this Decree.

5. Where the specimen signature, seal, and title of the competent authority of a foreign country specified in point d, Clause 1 of this Article have not been officially notified or require verification, the Ministry of Foreign Affairs requests that authority to verify. Upon receipt of the verification results, the Ministry of Foreign Affairs will process the dossier and deliver the result to the applicant.

1. The competent authority for consular certification and legalization must strictly preserve and implement security measures for consular certification and legalization records.

2. Records of consular certification and legalization are numbered according to chronological order consistent with entries in the Consular Certification and Legalization Register (in accordance with the prescribed model). The Consular Certification and Legalization Register is established in printed form and can be managed through software on computers.

3. Retention period:

a) Retain for a period of 10 years for the Consular Certification and Legalization Register, computer management software, files on cases of forged or improperly issued documents, and related verification documents.

b) Retain for a period of three years for consular certification and legalization files not falling under point a, Clause 2 of this Article.

4. The competent authority for consular certification and legalization is responsible for providing copies of consular certification and legalization files when requested in writing by a competent state agency for supervision, inspection, audit, investigation, prosecution, trial, and enforcement of sentences related to consular certification and legalization. Comparison of copies with originals is conducted at the competent authority for consular certification and legalization where the file is stored or at the Ministry of Foreign Affairs for documents or materials stored at Vietnamese representative offices abroad.

a) To take the lead in drafting, promulgating, or submitting to competent authorities for promulgation legal normative documents, or proposing the signing and accession to international treaties related thereto;

b) To take the lead and coordinate with ministries, sectors, and localities in guiding and organizing the implementation of this Decree;

c) To take the lead in publicizing laws, inspecting, auditing, and handling violations of regulations on consular certification and legalization;

d) To summarize, report to the Government, and conduct national statistics on consular certification and legalization;

đ) To implement international cooperation with other countries on consular certification and legalization; to take the lead and coordinate with relevant ministries and sectors in deciding on the principle of reciprocity with other countries regarding consular certification and legalization.

The Ministry of Finance shall be responsible for taking the lead and coordinating with the Ministry of Foreign Affairs in issuing guidance documents on the collection of fees for consular certification and legalization.