Difference between Consular Legalization and Consular Certification

"Consular legalization" and “Consular certification" have become increasingly familiar to Vietnamese people due to the growing trends of foreign labor recruitment, foreign investment, labor export, and studying abroad. However, there is still confusion when using these two phrases. FDVN would like to share with you a document on the distinction between the Consular legalization and Consular certification, as follows:

1. Concept

- “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.

(Clause 2, Article 2 of Decree 111/2011/ND-CP)

- “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.

 (Clause 1, Article 2 of Decree 111/2011/ND-CP)

2. The method of executing

- Consular legalization: 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.

(Clause 3, Article 14 of Decree 111/2011/ND-CP)

- Consular certification: 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.

(Clause 3, Article 11 of Decree 111/2011/ND-CP

3. Procedure

- Consular legalization:

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;

dd) 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;

e) Copies of papers and documents mentioned at Points d and dd above, one copy each for filing at the Ministry of Foreign Affairs.

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.

(Articles 14 and 15 of Decree 111/2011/ND-CP)

- Consular certification:

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 representative mission.

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

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

(Article 11, 13 Decree 111/2011/ND-CP)

SIMILARITY

1. Content of certification

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 3 of Decree 111/2011/ND-CP)

2. Languages of consular certification and legalization

- 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 2 of Circular 01/2012/TT-BNG)

3. Competent agencies

Domestic:

• The Consular Department and the Service of Foreign Affairs of Ho Chi Minh City of the Ministry of Foreign Affairs are competent to carry out consular certification and legalization in Vietnam.
• 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.

Foreign:

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 1 Decree 01/2012/TT-BNG, Article 5 Decree 111/2011/ND-CP)

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