Consular Legalization Procedure: Detailed Process and Guide
If you have ever needed to handle administrative procedures in Vietnam that require documents prepared abroad, such as marriage certificates, health check certificates, etc., you are likely familiar with the process of consular legalization.
Although this procedure is not overly complex, differences in procedures across countries can extend the process. This article provides the most detailed process and guide for performing consular legalization of foreign documents for use in Vietnam, specifically covering the United States, Japan, and France.
According to Article 2.2 of Decree No. 111/2011/ND-CP dated December 5, 2011, by the Government, “Consular Legalization” in Vietnam refers to the process through which Vietnamese authorities certify the seal, signature, and title on foreign documents to ensure these documents are recognized and usable in Vietnam.
This is a mandatory procedure for documents issued by foreign agencies or organizations to be recognized and legally used in Vietnam.
For example, a Health Check Certificate issued by a foreign hospital must be consular legalized before using in Vietnam.
Reasons for Consular Legalization
Verifying the Origin and Legitimacy of Documents
Consular legalization helps verify that a document has been issued by an authorized agency in the country of origin. This ensures that the document has legal validity and is not forged.
This is essential because agencies, organizations, and individuals in Vietnam cannot determine the legal value of foreign documents due to differences in language and document formats. For instance, in Vietnam, documents issued by government agencies must have a red circular seal to show their legal value, whereas other countries may use different seals or no seal at all. Thus, from a Vietnamese perspective, such documents may not appear legally valid.
Compliance with International and Domestic Legal Regulations
The consular legalization process ensures that foreign documents comply with both Vietnamese and international legal regulations, thereby protecting the rights of parties involved in legal transactions.
Preventing Fraud and Document Forgery
Consular legalization helps prevent document forgery and ensures that the documents used are accurate and reliable.
Documents Requiring Consular Legalization
Except for documents exempt from consular legalization, all documents issued by foreign agencies or organizations must undergo consular legalization. Commonly required documents include:
- Civil status documents such as Marriage Certificates, Certificates of Marital Status, Divorce Judgement, Birth Certificates, etc.
- Business documents such as Enterprise Registration Certificates, Company Charters, Decisions from Board of Directors, etc.
- Diplomas, certificates, and transcripts issued by foreign educational institutions.
- Documents related to property ownership such as bank balance confirmations, vehicle ownership certificates, ship ownership certificates, etc.
Documents Exempt from Consular Legalization
Article 9 of Decree No. 111/2011/ND-CP outlines three cases where consular legalization is not required:
- Documents exempted from consular certification or legalization under international treaties to which Vietnam and the foreign country are parties, or under reciprocity principles.
- Documents transferred directly or through diplomatic channels between authorized Vietnamese and foreign agencies.
- Documents exempted from consular certification or legalization under Vietnamese law.
- Documents for which the receiving agency in Vietnam or abroad does not require consular legalization or certification according to the corresponding legal regulations of Vietnam or the foreign country.
Specifically, some documents commonly exempt from consular legalization include:
- Civil status documents issued by authorized Japanese government agencies.
- Court judgments, execution decisions, civil status documents, documents for marriage, adoption, or parental recognition issued by authorized French government agencies.
- Documents for birth registration, marriage, or parental recognition issued by authorized agencies in the border areas of China.
For details, see the list of 30 countries and documents exempt from consular legalization (this list is in Vietnamese)
Detailed Procedure for Consular Legalization in the United States
Step 1: Notarize the Document
The document to be consular legalized must first be notarized by a Notary Public. If the document is issued by a civil registry or court, it can also be notarized by a registrar or county clerk.
The notarization process may vary by state and locality, so you need to contact the relevant office directly to inquire about the procedure.
Step 2: State Department Certification
After notarization, send the document to the State level – Department of State for certification. This process involves verifying the validity of signatures and seals on the document to confirm that it is from a legitimate notary public.
Contact information for the State level – Department of State offices can be found here.
Note: In some states, the certification of documents is performed by the Office of Authentication within the State Department.
Step 3a: Consular Legalization at the Vietnamese Embassy or Consulate in the US
The final step is to contact the Vietnamese Embassy or Consulate in the US to have these documents consular-legalized for use in Vietnam.
Documents required for consular legalization in the US include:
- Consular legalization application form (download here)
- Document certified by the State level – Department of State
- Identification documents (Passport, Driver’s License, Green Card, etc.)
Contact Information:
- Embassy of Vietnam in Washington D.C.
- Address: 1233 20th Street, NW, Room 400, Washington, DC 20036
- Phone: (202) 861-0737
- Consulate General of Vietnam in New York
- Address: 866 U.N. Plaza, Suite 435, New York, NY 10017
- Phone: 1-212-644-2535 or 1-212-644-0831
- Consulate General of Vietnam in San Francisco
- Address: 1700 California St, Suite 580, San Francisco, CA 94109
- Phone: (415) 922-1707
- Consulate General of Vietnam in Houston
- Address: 5251 Westheimer Road, Suite 300, Houston, Texas 77056, USA
- Phone: (1) 713-497-5030
Step 3b: Consular Legalization in Vietnam
If necessary, State Department-certified documents can be consular legalized in Vietnam at the Consular Department (Vietnam Ministry of Foreign Affairs) or the Department of Foreign Affairs in Ho Chi Minh City.
Documents required for consular legalization in Vietnam include:
- Consular legalization application form (Form LS/HPH-2012/TK)
- Document certified by the State level – Department of State
- Vietnamese or English translation of the document if it is in another language
- Identification documents (Passport, National ID, etc.)
Detailed Procedure for Consular Legalization in Japan
Step 1: Notarize the Document
Documents need to be notarized by a notary public in Japan. For documents issued by government agencies, notarization must be done by an authorized agency.
Step 2: Ministry of Foreign Affairs of Japan Certification
After notarization, send the document to the Ministry of Foreign Affairs of Japan for certification of the seal and signature.
Note: Some local notary offices may assist with obtaining the Ministry of Foreign Affairs stamp on documents.
>> Check the guidelines (in Japanese) from the Ministry of Foreign Affairs of Japan.
Step 3: Consular Legalization in Japan
Send the certified document to the Vietnamese Embassy or Consulate in Japan for consular legalization.
Documents required in Japan include:
- Consular legalization application form
- Document certified by the Ministry of Foreign Affairs of Japan
- 1 photocopy of the document
- Identification documents (Passport, Residence Card)
Contact Information:
- Embassy of Vietnam in Tokyo
- Address: 1-5-10, Roppongi, Minato-ku, Tokyo 106-0032
- Phone: 03-3403-1040
- Consulate General of Vietnam in Osaka
- Address: 1-1-2, Nakanoshima, Nishi-ku, Osaka 550-0002
- Phone: 06-6441-1136
- Consulate General of Vietnam in Fukuoka
- Address: 1-7-15, Hakataekihigashi, Hakata-ku, Fukuoka 812-0013
- Phone: 092-451-1320
Note: Consular legalization of documents certified by the Ministry of Foreign Affairs of Japan can also be done in Vietnam at the Consular Department (Ministry of Foreign Affairs) or the Department of Foreign Affairs in Ho Chi Minh City.
Detailed Procedure for Consular Legalization in France
Step 1: Notarize the Document
Documents need to be notarized by a notary public in France. For documents issued by government agencies, notarization must be performed by an authorized agency.
Step 2: Ministry of Foreign Affairs of France Certification
After notarization, send the document to the Ministry of Foreign Affairs of France for certification of the signature and seal.
Step 3: Consular Legalization in France
Send the certified document to the Vietnamese Embassy or Consulate in France for consular legalization.
Documents required in France include:
- Consular legalization application form
- Document certified by the Ministry of Foreign Affairs of France
- Identification documents (Passport, Residence Card)
Contact Information:
- Embassy of Vietnam in Paris
- Address: 4 Avenue Charles Floquet, 75007 Paris
- Phone: 01-47-05-02-25
- Consulate General of Vietnam in Marseille
- Address: 15 Avenue du Prado, 13006 Marseille
- Phone: 04-91-54-15-20
Frequently Asked Questions (FAQs)
Yes, documents that have been notarized abroad still need to be legalized if you want to use them in Vietnam.
Yes, if the documents are not written in Vietnamese or English, you need to translate them into Vietnamese or English before submitting them for consular legalization. The translation must be notarized and attached to the original documents when submitting to the consular authority.
The cost of consular legalization can vary depending on the specific embassy or consulate. The fees usually include notarization fees, certification fees from the Ministry of Foreign Affairs, and consular legalization fees. You should contact the consular authority directly for detailed information about the specific fees.
Yes, you can send documents by mail or express delivery to the Vietnamese Embassy or Consulate if you are unable to go in person. Ensure that the documents are fully notarized and certified before sending. You should check with the consular authority about the mailing procedure to ensure your documents are processed correctly.
Disclaimer: The contents of this article are for informational purposes only and may not apply to all situations. For assistance related to your specific issues, please contact us for support from our team of legal experts.
This article was first published on August 8, 2024, and last updated on August 8, 2024.
Author: Tony Nguyễn
Category: Marriage & Family
