Filing regime of consular certification and legalization dossiers in Vietnam

Filing regime of consular certification and legalization dossiers in Vietnam (Internet image)

1. Composition of filed consular certification and legalization dossiers in Vietnam

According to Article 16 Decree 111/2011/ND-CP on composition of filed consular certification and legalization dossiers in Vietnam:

- Consular certification and legalization declaration form.

- Copies of the documents and materials submitted by the applicant for consular certification and legalization.

- Verification documents from the competent authority (if any) and other related documents.

2. Filing regime of consular certification and legalization dossiers in Vietnam

According to Article 17 Decree 111/2011/ND-CP on filing regime of consular certification and legalization dossiers in Vietnam:

- The competent authorities for consular certification and legalization must maintain strict security measures and implement safety measures for the consular certification and legalization dossiers.

- The document storage files for consular certification and legalization are to be numbered sequentially in accordance with the entries in the consular certification and legalization logbook (as per the specified template). The consular certification and legalization logbook is to be maintained as a printed document and may also be managed using computer software.

- Storage duration:

+ Retain for a period of 10 years for the consular certification and legalization logbook, computer management software, files of cases involving falsified or incorrectly issued documents, and documents related to verification;

+ Retain for 3 years for consular certification and legalization files not mentioned in point a, clause 2, Article 17 Decree 111/2011/ND-CP.

- The competent authorities for consular certification and legalization are responsible for providing copies of consular certification and legalization files upon written request from authorized state agencies for the purpose of supervision, inspection, examination, investigation, prosecution, adjudication, or enforcement related to the certified or legalized documents.

The verification between copies and originals is conducted at the competent authority for consular certification and legalization where the documents are stored or at the Ministry of Foreign Affairs for documents and materials stored at the Vietnamese representative offices abroad.

3. Contents of state management of consular certification and legalization in Vietnam

The state management content for consular certification and legalization in Vietnam as prescribed in Article 18 Decree 111/2011/ND-CP includes:

- The Government of Vietnam shall uniformly manage the state regarding consular certification and legalization.

- The Ministry of Foreign Affairs shall be responsible to the Government of Vietnam for implementing state management regarding consular certification and legalization with the following duties and powers:

+ Lead the drafting, issuance, or submission to competent authorities for issuance of legal documents or propose the signing and accession to international treaties related to this matter;

+ Lead and cooperate with ministries, sectors, and localities to guide and implement Decree 111/2011/ND-CP;

+ Lead the public dissemination of laws and inspection, examination, handling of violations regarding consular certification and legalization;

+ Summarize, report to the Government of Vietnam, and implement state statistics regarding consular certification and legalization;

+ Engage in international cooperation with other countries regarding consular certification and legalization; lead and cooperate with related ministries and sectors to decide on the application of the principle of reciprocity with other countries regarding consular certification and legalization.

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