What Vietnamese agencies have the authority to carry out consular certification and legalization?

What Vietnamese agencies have the authority to carry out consular certification and legalization? (Internet image)

Regarding this matter, LawNet would like to answer as follows:

1. What Vietnamese agencies have the authority to carry out consular certification and legalization?

According to Article 5 of Decree 111/2011/ND-CP, the Vietnamese agencies that have the authority to carry out consular certification and legalization include:

- The Ministry of Foreign Affairs is competent to carry out consular certification and legalization.

The Ministry of Foreign Affairs may authorize foreign affairs agencies of provinces and centrally run cities to receive dossiers of request for consular certification or legalization.

- Overseas Vietnamese diplomatic missions, consulates or other agencies authorized to perform the consular function (below referred to as representative missions) are competent to carry out consular certification and legalization overseas.

2. Order and procedures for consular certification at the Ministry of Foreign Affairs in Vietnam

Order and procedures for consular certification at the Ministry of Foreign Affairs in Vietnam according to Article 11 of Decree 111/2011/ND-CP are as follows:

- A requester for consular certification shall submit a dossier comprising:

+ One declaration for consular certification, made according to a set form;

+ A personal identification paper, for production in case of direct submission;

+ One copy of a personal identification paper, in case of submission by post;

+ Papers and documents requested for consular certification, enclosed with one copy each for filing at the Ministry of Foreign Affairs.

- When it is necessary to check the authenticity of papers and documents requested for consular certification, dossier-receiving officers may ask requesters for consular certification to additionally produce the originals of related papers and documents, and submit copies of these papers and documents, one copy each, for filing at the Ministry of Foreign Affairs.

- Consular certification shall be carried on the basis of:

+ Comparing stamps, signatures and titles on papers and documents requested for consular certification with those officially notified to the Ministry of Foreign Affairs; or

+ Results of verification of competent Vietnamese agencies or organizations confirming the authenticity of these stamps, signatures and titles.

- Consular certification mentioned in Clause 3 of this Article is applicable to papers and documents made, notarized or certified by the following agencies:

+ Agencies of the National Assembly, the President, the Government, courts, procuracies; central and local state administrative agencies;

+ Central agencies of the Communist Party of Vietnam, the Vietnam Fatherland Front Central Committee, the Vietnam General Confederation of Labor, the Vietnam Women's Union, the Ho Chi Minh Communist Youth Union Central Committee, the Vietnam Farmers Association, the Vietnam War Veterans Association, the Union of Vietnamese Friendship Organizations, the Union of Vietnamese Literature and Arts Associations, the Union of Vietnamese Scientific and Technical Associations, the Union of Vietnamese Cooperatives, and the Vietnam Chamber of Commerce and Industry.

+ Vietnamese public notary organizations;

+ Other agencies and organizations as provided by law.

- The time limit for settlement is 1 working day after the date of receiving a complete and valid dossier. For a dossier comprising 10 or more papers and documents, the time limit for settlement may be longer but must not exceed 5 working days.

- When necessary to check the authenticity of stamps, signatures and titles on papers and documents requested for consular certification, immediately after receiving a dossier, the Ministry of Foreign Affairs shall make a written request for competent agencies and organizations making, notarizing or certifying such papers and documents or higher-level agencies or organizations to verify.

Within 5 working days after receiving such written request, agencies and organizations shall issue written replies to the Ministry of Foreign Affairs. Upon receiving such replies, the Ministry of Foreign Affairs shall settle and notify results to requesters for consular certification.

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