THE
GOVERNMENT
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|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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|
No.
111/2011/ND-CP
|
Hanoi,
December 5, 2011
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DECREE
ON CONSULAR CERTIFICATION AND LEGALIZATION
THE GOVERNMENT
Pursuant to the December 25, 2001
Law on Organization of the Government;
Pursuant to the June 18, 2009
Law on Representative Missions of the Socialist Republic of Vietnam;
At the proposal of the
Minister of Foreign Affairs,
DECREES:
Chapter I
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Article 1.
Scope of regulation
This Decree provides the
competence, order and procedures for consular certification and legalization,
contents of state management and responsibilities of agencies, organizations
and individuals for consular certification and legalization.
Article 2.
Interpretation of terms
In this Decree, the terms below
are construed as follows:
1. Consular certification means
the competent Vietnamese agencies' certification of stamps, signatures and
titles on Vietnam's papers and documents for being recognized and used abroad.
2. Consular legalization means
the competent Vietnamese agencies' certification of stamps, signatures and
titles on foreign papers and documents for being recognized and used in
Vietnam.
Article 3.
Contents of consular certification and legalization
Consular certification and
legalization is simply certification of stamps, signatures and titles on papers
and documents, not covering certification of contents and forms of papers and
documents.
Article 4.
Requirement of consular certification and legalization
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2. To be recognized and used in
Vietnam, papers and documents of foreign countries must be consularly
legalized, except the cases specified in Article 9 of this Decree.
Article 5.
Vietnamese agencies competent to carry out consular certification and
legalization
1. 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.
2. 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.
Article 6.
Requesters for consular certification and legalization
1. Agencies, organizations and
individuals may request consular certification or legalization of their own
papers and documents or others' without authorization paper.
2. Agencies, organizations and
individuals shall submit dossiers to competent consular certification and
legalization agencies directly or through authorized foreign affairs agencies
under Clause 1, Article 5 of this Decree or by post.
Article 7.
Languages and places of consular certification and legalization
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2. Places of consular
certification and legalization are head offices of the Ministry of Foreign
Affairs and overseas Vietnamese representative missions.
Article 8.
Consular certification and legalization expenses
1. Requesters for consular
certification or legalization shall pay a fee.
2. The rates and regime of collection,
payment, management and use of such fee comply with the guidance of the
Ministry of Finance.
3. In case of sending dossiers
by post, requesters for consular certification or legalization shall pay postal
charges for both sending and receipt.
Article 9.
Papers and documents exempted from consular certification and legalization
1. Papers and documents exempted
from consular certification and legalization under treaties to which Vietnam
and foreign countries concerned are contracting parties, or on the reciprocity
principle.
2. Papers and documents
delivered directly or via diplomatic channel between competent Vietnamese and
foreign agencies.
3. Papers and documents exempted
from consular certification and legalization under Vietnamese laws.
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Article 10.
Papers and documents prohibited from consular certification and legalization
1. Papers and documents
containing modifications or erasures without proper correction as required by
law.
2. Papers and documents in
dossiers of request for consular certification or legalization containing
contradictory details.
3. Forged or unduly issued or certified
papers and documents according to law.
4. Papers and documents bearing
non-original signatures or stamps.
5. Papers and documents with
contents infringing upon the interests of the Vietnamese state.
Chapter II
ORDER AND PROCEDURES FOR
CONSULAR CERTIFICATION AND LEGALIZATION
Section I:
ORDER AND PROCEDURES FOR CONSULAR CERTIFICATION
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1. A requester for consular
certification shall submit a dossier comprising:
a/ One declaration for consular
certification, made according to a set form;
b/ A personal identification
paper, for production in case of direct submission;
c/ One copy of a personal
identification paper, in case of submission by post;
d/ Papers and documents
requested for consular certification, enclosed with one copy each for filing at
the Ministry of Foreign Affairs.
2. 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.
3. Consular certification shall
be carried on the basis of:
a/ Comparing stamps, signatures
and titles on papers and documents requested for consular certification with
those officially notified to the Ministry of Foreign Affairs; or
b/ Results of verification of
competent Vietnamese agencies or organizations confirming the authenticity of
these stamps, signatures and titles.
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a/ Agencies of the National
Assembly, the President, the Government, courts, procuracies; central and local
state administrative agencies;
b/ 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.
c/ Vietnamese public notary
organizations;
d/ Other agencies and organizations
as provided by law.
5. 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.
6. 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.
Article 12.
Certification of papers and documents produced at the Ministry of Foreign
Affairs
1. For papers and documents not
subject to consular certification according to the procedures provided in
Article 11 of this Decree, but for facilitating their recognition and use
overseas and meeting the aspiration of requesters, the Ministry of Foreign
Affairs may give certification that these papers and documents have been
produced at the Ministry of Foreign Affairs.
2. Certification under Clause 1
of this Article is applicable to the following papers and documents:
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b/ Papers and documents issued
by the old administration before April 30, 1975.
3. Dossiers, procedures and time
limit for settlement comply with Clauses 1, 2 and 5, Article 11 of this Decree.
Article 13.
Order and procedures for consular certification at overseas Vietnamese
representative missions
1. A requester for consular certification
shall submit a dossier comprising:
a/ One declaration for consular
certification, made according to a set form;
b/ A personal identification
paper, for production in case of direct submission;
c/ One copy of a personal
identification paper, in case of submission by post;
d/ Papers and documents
requested for consular certification, which have been certified by the Ministry
of Foreign Affairs under Article 11 or 12 of this Decree, enclosed with one
copy each for filing at the representative mission.
2. A representative mission
shall give consular certification on the basis of comparing stamps, signatures
and titles in consular certification of the Vietnamese Ministry of Foreign
Affairs on papers and documents with their specimens notified by the Vietnamese
Ministry of Foreign Affairs.
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4. When necessary to check the
authenticity of stamps, signatures and titles on papers and documents requested
for consular certification, upon receiving a dossier, a representative mission
shall make a written request to the Ministry of Foreign Affairs for
verification. Within 2 working days after receiving such request, the Ministry
of Foreign Affairs shall issue a written reply to the representative mission.
Upon receiving such reply, the representative mission shall settle and notify
results to the requester for consular certification.
Section 2:
ORDER AND PROCEDURES FOR CONSULAR LEGALIZATION
Article 14.
Order and procedures for consular legalization at the Ministry of Foreign
Affairs
1. A requester for consular
legalization shall submit a dossier comprising:
a/ One declaration for consular
legalization, made according to a set form;
b/ A personal identification
paper, for production in case of direct submission;
c/ One copy of the personal
identification paper, in case of submission by post;
d/ Papers and documents
requested for consular legalization, which have been certified by a foreign
diplomatic representative mission or consulate or another foreign agency
authorized to perform the consular function;
e/ One Vietnamese or English
translation of each paper or document requested for consular legalization, if
such papers and documents are not made in these languages;
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2. When necessary to check the
authenticity of papers and documents requested for consular legalization,
dossier-receiving officers may ask requesters for consular legalization 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.
3. The Ministry of Foreign
Affairs shall carry out consular legalization on the basis of comparing stamps,
signatures and titles in certifications of competent foreign agencies on papers
and documents with their specimens officially notified by the country concerned
to the Ministry of Foreign Affairs.
4. The time limit for settlement
complies with Clause 5, Article 11 of this Decree.
5. In case specimens of
signatures, stamps and titles of competent foreign agencies mentioned at Point
d, Clause 1 of this Article have not yet been officially notified or are
subject to verification, the Ministry of Foreign Affairs may request these
agencies to verify. Upon receiving verification results, the Ministry of
Foreign Affairs shall settle dossiers and return results to requesters.
Article 15.
Order and procedures for consular legalization at overseas Vietnamese
representative missions
1. A requester for consular
legalization shall submit a dossier comprising:
a/ One declaration for consular
legalization, made according to a set form;
b/ A personal identification
paper, for production in case of direct submission;
c/ One copy of the personal
identification paper, in case of submission by post;
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e/ One translation of each paper
or document requested for consular legalization in Vietnamese, English or a
language which the dossier-receiving officer can understand, if such papers and
documents are not made in these languages;
f/ Copies of papers and
documents mentioned at Point d and e above, one copy each for filing at the
representative mission.
2. When necessary to check the
authenticity of papers and documents requested for consular legalization,
dossier-receiving officers may ask requesters for consular legalization 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 representative
mission.
3. The representative mission
shall carry out consular legalization on the basis of comparing stamps,
signatures and titles in certifications of competent foreign agencies on papers
and documents with their specimens officially notified by the country concerned
to the representative mission.
4. The time limit for settlement
complies with Clause 5, Article 11 of this Decree.
5. In case specimens of
signatures, stamps and titles of foreign agencies and persons competent to give
consular certification have not yet been officially notified or are subject to
verification, the representative mission may request competent foreign agencies
to verify. Upon receiving verification results, the representative mission
shall settle dossiers and return results to requesters.
Section 3:
FILED CONSULAR CERTIFICATION AND LEGALIZATION DOSSIERS
Article 16.
Composition of filed consular certification and legalization dossiers
A filed consular certification
or legalization dossier comprises:
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2. Copies of papers and
documents submitted by the requester for consular certification or legalization
3. Documents of competent
agencies on verification (if any) and related papers.
Article 17.
Filing regime of consular certification and legalization dossiers
1. Competent consular
certification and legalization agencies shall properly preserve and apply
security measures to consular certification and legalization dossiers.
2. Filed consular certification
and legalization dossiers shall be numbered in temporal order corresponding to
the recording in the consular certification and legalization register (made
according to a set form). The consular certification and legalization register
shall be made in paper form and may be managed by computer software.
3. Duration of preservation:
a/ Consular certification and
legalization registers, management computer software and records of cases of
forged or unduly issued papers and verification-related papers shall be
preserved for 10 years;
b/ Consular certification and
legalization dossiers not mentioned at Point 2, Clause.2 of this Article shall
be preserved for 3 years.
4. Competent consular certification
and legalization agencies shall provide copies of consular certification and
legalization dossiers when so requested in writing by competent state agencies
to serve the supervision, examination, inspection, investigation, prosecution,
trial and judgment enforcement related to consular certification and
legalization. The comparison of copies with originals shall be carried out at
competent consular certification and legalization agencies which keep dossiers
and at the Ministry of Foreign Affairs for papers and documents filed at
overseas Vietnamese representative missions.
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STATE MANAGEMENT AND
RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS AND INDIVIDUALS FOR CONSULAR
CERTIFICATION AND LEGALIZATION
Article 18.
Contents of state management of consular certification and legalization
1. The Government shall perform
unified state management of consular certification and legalization.
2. The Ministry of Foreign
Affairs shall take responsibility before the Government for performing the
state management of consular certification and legalization, and have the
following tasks and powers:
a/ To assume the prime
responsibility for drafting and promulgating or submitting to competent
agencies for promulgation legal documents or propose the conclusion of or
accession to relevant treaties;
b/ To assume the prime
responsibility for, and coordinate with other ministries, sectors and
localities in, guiding and organizing the implementation of this Decree;
c/ To assume the prime
responsibility for disseminating the law on consular certification and
legalization and to examine, inspect and handle violations;
d/ To summarize and report to
the Government, and compile state statistics on consular certification and
legalization;
e/ To implement international
cooperation with other countries on consular certification and legalization; to
assume the prime responsibility for, and coordinate with other related
ministries and sectors in, deciding to apply the reciprocity principle to other
countries in consular certification and legalization.
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The Ministry of Finance shall
assume the prime responsibility for, and coordinate with the Ministry of
Foreign Affairs in, issuing guidelines on the collection of consular certification
and legalization charges.
Article 20.
Responsibilities of agencies and organizations making, notarizing and
certifying papers and documents
1. To take responsibility under
law for the authenticity, content and form of papers and documents.
2. To promptly notify the
Ministry of Foreign Affairs of specimen stamps and signatures and titles of
agencies, organizations and persons competent to sign and issue, notarize and
certify papers and documents.
3. To coordinate with the
Ministry of Foreign Affairs in performing the state management of consular
certification and legalization work within the ambit of their respective tasks
and powers.
4. To coordinate with the
Ministry of Foreign Affairs in verifying papers to serve consular certification
and legalization.
Article 21.
Responsibilities of related agencies, organizations and individuals
1. Agencies, organizations and
individuals requesting consular certification and legalization shall:
a/ Take responsibility before law
for the purpose of using papers and documents concerned;
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2. Vietnamese agencies and
organizations, when receiving and using consularly certified papers and documents,
shall:
a/ Examine and compare them with
legal provisions and other related papers before deciding whether or not to
accept consularly certified papers and documents in the settlement and handling
of affairs within the ambit of their functions and powers;
b/ Take the initiative in
coordinating with competent agencies in verifying the authenticity of foreign
papers and documents when necessary.
Article 22.
Handling of violations
1. While performing their tasks
and powers in consular certification and legalization, competent persons who
are irresponsible or act against the provisions of this Decree and other
regulations and laws shall, depending on the seriousness of their violations,
be administratively handled or examined for penal liability in accordance with
law.
2. Agencies, organizations and
individuals acting against the provisions of this Decree shall, depending on
the seriousness of their violations, be administratively handled or examined
for penal liability in accordance with law.
Article 23.
Complaints and denunciations and settlement thereof
The lodging and settlement of
complaints and denunciations about illegal acts in consular certification and
legalization comply with the laws on complaints and denunciations.
Chapter IV
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Article 24.
Effect
This Decree takes effect on
February 1, 2012.
Article 25.
Organization of implementation
Ministers, heads of
ministerial-level agencies, heads of government-attached agencies and
chairpersons of provincial-level People's Committees shall implement this
Decree.-
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung