Documents exempt from consular certification and consular legalization

Under Vietnamese law, for Vietnamese documents to be recognized and used abroad, they must undergo consular certification, except in cases exempted as stipulated in Article 9 of Decree No. 111/2021/ND-CP. Conversely, for foreign documents to be recognized and used in Vietnam, they must undergo consular legalization, except in cases exempted as specified in the same article of the Decree. 

According to Article 2 of Decree No. 111/2021/ND-CP, consular certification refers to the act of a competent Vietnamese authority certifying the seal, signature, and title on Vietnamese documents to ensure their recognition and use abroad. Consular legalization, on the other hand, refers to the act of a competent Vietnamese authority certifying the seal, signature, and title on foreign documents to ensure their recognition and use in Vietnam. The purpose of consular certification and legalization is to confirm that the seals, signatures, and titles on Vietnamese or foreign documents are genuine and not forged. Nevertheless, these processes only verify the formality and the authority of the issuing parties, ensuring compliance with regulations. They do not authenticate or verify the content of the documents. 

However, not all Vietnamese documents must be consularly certified for use abroad, nor must all foreign documents be consularly legalized for use in Vietnam. Accordingly, Article 9 of Decree No. 111/2021/ND-CP stipulates that certain documents are exempt from consular certification and consular legalization, including: 

• Documents exempted from consular certification and consular legalization under international treaties to which both Vietnam and the foreign country concerned are members, or under the principle of reciprocity. 
• Documents transmitted directly or through diplomatic channels between competent authorities of Vietnam and those of foreign countries. 
• Documents exempted from consular certification and consular legalization as specified under Vietnamese law. 
• Documents for which the receiving agency, either in Vietnam or a foreign country, does not require consular certification or consular legalization, in accordance with the relevant legal provisions of Vietnam or the foreign country. 

Currently, according to information from the Consular Department of the Ministry of Foreign Affairs, Vietnam exempts consular certification and consular legalization with 30 countries based on reciprocity agreements and mutual legal assistance agreements, consular agreements, or similar documents signed between Vietnam and these countries. Depending on the type of document and the country involved, Vietnam applies the exemption of consular certification and consular legalization accordingly. 

Additionally, regarding consular legalization, Article 6 of Circular No. 01/2020/TT-BTP, dated March 3, 2020, issued by the Ministry of Justice, specifies that certain documents issued by competent foreign authorities do not require consular legalization when used for certifying copies from the original or certifying the translator’s signature on translations. These documents include passports, identity cards, permanent residence cards, residence cards, driver’s licenses, diplomas, certificates, and transcripts attached to diplomas and certificates. 

In summary, not all Vietnamese documents must be consularly certified for use abroad, nor must all foreign documents be consularly legalized for use in Vietnam. The applicability of exemptions depends on the specific circumstances and relevant regulations. 

See more:

1/ Regulations on the use of electronic visas to enter Vietnam for work

2/ Permanent residence card for foreigners in Vietnam: conditions and application procedures

Share: