|
THE
MINISTRY OF
FOREIGN AFFAIRS
-------
|
THE
SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
---------------
|
|
No.
01/2012/TT-BNG
|
Hanoi , March 20, 2012
|
CIRCULAR
GUIDING
THE IMPLEMENTATION OF A NUMBER OF PROVISIONS OF THE GOVERNMENT’S DECREE NO.
111/2011/ND-CP ON DECEMBER 05, 2011, ON CONSULAR CERTIFICATION AND LEGALIZATION
Pursuant to the Government's
Decree No. 15/2008/ND-CP of February 4, 2008, defining the functions, tasks,
powers and organizational structure of the Ministry of Foreign Affairs;
Pursuant to the Government's
Decree No. 111/2011/ND-CP of December 5, 2011, on consular certification and
legalization;
In order to ensure the
uniform implementation of the provisions on consular certification and
legalization and create favorable conditions for citizens, the Ministry of
Foreign Affairs guides a number of provisions of the Government’s Decree No.
111/2011/ND-CP on December 5, 2011 on consular certification and legalization
(hereinafter referred to as the Decree), as follows:
Chapter I
GENERAL PROVISIONS
Article 1. Agencies competent
to carry out consular certification and legalization
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. After considering the needs,
the personnel and facilities of each locality, the Minister of Foreign Affairs
shall authorize foreign affairs Services/Divisions/Units of
centrally-affiliated cities and provinces (hereinafter referred to as local
foreign affairs agencies) to receive application for consular certification or
legalization and return the results. The list of these agencies shall be
regularly announced and updated on the Consular website:
http://lanhsuvietnam.gov.vn.
Authorized local foreign affairs
agencies must not reauthorize other agencies.
Officers of the authorized local
foreign affairs agencies may only receive and handle applications for consular
certification and legalization after being provided with professional training
by the Ministry of Foreign Affairs.
Article 2. Languages of
consular certification and legalization
The languages used for consular
certification and legalization are both Vietnamese and English.
Overseas Vietnamese diplomatic
missions, consulates or other agencies authorized to perform the consular
function (hereinafter referred to as representative missions) may use the
official language of the country where the papers and documents concerned are
used in replacement of English.
Article 3. Papers and
documents eligible for consular certification and legalization
Papers and documents issued or
certified by the agencies or organizations specified in Point d, Clause 4,
Article 11 of the Decree include:
1. Qualifications in education;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. Judicial record sheet;
4. Other papers and documents
eligible for concular certification as prescribed by law.
Article 4. Papers and
documents ineligible for consular certification and legalization
1. Papers and documents
specified in Clause 2, Article 10 of the Decree containing inconsistent details
or contradicting other papers and documents in the application for consular
certification or legalization.
2. Papers and documents
specified in Clause 4, Article 10 of the Decree without stamps and signatures
directly appended. A stamp or a signature copied in any form are not considered
original.
3. Papers and documents
specified in Clause 5, Article 10 of the Decree violating the rights and
interests of Vietnam, inconformable with Vietnam’s policies or other cases that
may impair the Vietnam’s interest.
Article 5. Papers and
documents with unidentifiable stamps, signatures and positions
Papers and documents specified
in Point a, Clause 2, Article 12 of the Decree include:
1. Papers and documents bearing
stamps, signatures and positions not being official.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 6. Submission of
applications for consular certification or legalization by post
The submission of applications
by post to the Consular Department or the Service of Foreign Affairs of Ho Chi
Minh City as prescribed in Clause 2, Article 6 of the Decree may be done at
every post office within the Vietnam postal system in accordance with the
service agreement between the Consular Department of the Ministry of Foreign
Affairs and P&T Express Service Joint Stock Company (EMS) of the Vietnam
Post.
Article 7. Introduction of
specimens of stamps, signatures and titles
1. The introduction of specimens
of stamps, signatures and titles of agencies and organizations making,
notarizing, authenticating or certifying papers and documents specified in
Clause 4, Article 11 of the Decree shall be carried out as follows:
a/ Agencies and organizations
competent to make, notarize, authenticate or certify papers and documents under
law must introduce the specimens of their stamps, signatures and titles;
b/ These agencies and
organizations must annually review the specimens of their stamps, signatures
and titles and notify the review results before February 1 of the succeeding
year;
c/ The Consular Department and
the Service of Foreign Affairs of Ho Chi Minh City shall receive the
introduction of the specimens of stamps, signatures and titles of central and
local agencies and organizations.
Local foreign affairs agencies
shall receive the introduction of the specimens of stamps, signatures and
titles of their local agencies and organizations and central agencies and
organizations located locally; and send the original introduction to the Consular
Department and the Service of Foreign Affairs of Ho Chi Minh City within 5
working days as from receiving the introduction, and retain their photocopies.
2. The Consular Department and
the Service of Foreign Affairs of Ho Chi Minh City shall introduce the
specimens of their stamps, signatures and titles to foreign representative
missions in Vietnam and overseas Vietnamese' representative missions.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. In case the specimens of
stamps, signatures and titles specified in Clauses 1, 2 and 3 of this Article
are changed, related agencies must introduce the new specimens within 20
working days as from the change is made.
Article 8. Preservation of
officially introduced specimens of stamps, signatures and titles
Agencies competent to carry out
consular certification and legalization and local foreign affairs agencies
shall preserve and keep the official specimens of stamps, signatures and titles
indefinitely, scientifically and systematically.
Chapter II
PROCEDURES FOR CONSULAR CERTIFICATION AND LEGALIZATION
Article 9. The application
for consular certification or legalization
1. Personal identification
papers specified in Points b and c, Clause 1, Articles 11, 13, 14 and 15 of the
Decree including the ID card, passport or passport substitute papers.
2. The copy of the personal
identification paper specified in Point c, Clause 1. Article 11, 13, 14 or 15
of the Decree (no authentication required).
3. Papers and documents
requested for consular certification or legalization specified in Point d,
Clause 1. Article 11, 13, 14 or 15 of the Decree comprising 2 or more pages
must be stamped on ever)' two adjoining pages or tied and sealed or otherwise
secured to ensure that these papers and documents can not be changed.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
5. Papers and documents not
required to be enclosed with Vietnamese or English translations specified in
Point e, Clause 1. Article 15 of the Decree are those made in Russian, French,
Spanish, Chinese or German applied for consular legalization at corresponding
representative missions located in Russia, France, Spain, China or Germany.
This provision is also applicable to papers and documents made in other
languages and applied for legalization at other representative missions as long
as the officers that receive the applications in these representative missions
can interprete such languages.
6. Applications for consular
certification or legalization sent by post as prescribed in Clause 2, Article 6
of the Decree must be enclosed with an envelope specifying the recipient’s
address.
Article 10. Receipt of
applications for consular certification or legalization
1. Upon receiving a complete and
valid application for consular certification or legalization as prescribed in
Articles 11, 13, 14 and 15 of the Decree and Article 9 of this Circular, the
competent agency shall issue a receipt, except for applications submitted by
post. If the application is complete or not valid, the competent agency shall
guide the supplement.
2. For applications for consular
certification or legalization falling into the cases specified in Articles 9
and 10 of the Decree, competent agencies shall refuse to receive the dossier
and provide the explanation to the applicants.
After receiving the explanation,
if the applicant requests the consular certification or legalization of the
paper or document which is exempted from consular certification and
legalization specified in Article 9 of the Decree, the competent agency shall
receive the application for settlement.
Article 11. Handling
applications for consular certification and legalization
1. For applications for consular
certification or legalization other than those specified in Article 10 of the
Decree, agencies competent to carry out consular certification and legalization
shall certify the stamps, signatures and titles on these papers and documents
compared with their official specimens.
Local foreign affairs agencies
that receive applications for consular certification or legalization shall send
them to the Consular Department or the Service of Foreign Affairs of Ho Chi
Minh City within 1 working day after checking and comparing.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- Papers and documents contain
only stamps or signatures and titles;
- Papers and documents contain
only original stamps or original signatures.
3. For papers and documents
specified in Clause 2, Article 12 of the Decree, the Consular Department or the
Service of Foreign Affairs of Ho Chi Minh City shall issue the written certification
that these papers and documents have been presented at the Ministry of Foreign
Affairs.
4. When detecting papers and
documents falling into the cases specified in Clauses 3 and 5. Article 10 of
the Decree, agencies competent to carry out consular certification and
legalization shall seize them and notify related agencies for handling.
Article 12. Time limit for
settlement
The time limit for settlement
specified in Clause 5, Article 11 of the Decree is calculated depending on the amount
of applications for consular certification or legalization, regardless of the
number of pages.
Chapter III
ORGANIZATION OF IMPLEMENTATION
Article 13. Forms used for
consular certification and legalization
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- Declaration for consular
certification and legalization (Form LS/HPH-2012/TK);
- Stamp of consular
certification and legalization (Form LS/HPH-2012/CN);
- Stamp of certification of
produced papers and documents (Form LS/HPH-2012/XT);
- Introduction of specimens of
stamps, signatures and titles (Form LS/HPH- 2012/GT);
- Consular certification and
legalization register (Form LS/HPH-2012/SDK).
2. The Ministry of Foreign
Affairs shall print and issue the forms of Stamp of consular certification and
legalization and Stamp for certification of produced papers and documents for
domestic use. Representative missions may use directly the forms of stamp
issued together with this Circular or print them overseas abroad.
3. Forms of declaration for
consular certification and legalization, document on introduction of
specimens of stamps, signatures and titles and consular certification and
legalization register shall be published on the Consular website:
http://lanhsuvietnam.gov.vn for download and use by agencies, organizations or
individuals.
Article 14. Effect
1. This Circular takes effect on
May 15, 2012 and supersedesCircular No. 01/1999/TT-BNG of June ẻ, 1999, of the
Minister of Foreign Affairs specifying the procedures for paper and document
legalization.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
MINISTER
OF FOREIGN AFFAIRS
Pham Binh Minh