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The Decree 111/2010/nd-Cp: Regarding Consular Certificate, Legalized Consuls

Original Language Title: Nghị định 111/2011/NĐ-CP: Về chứng nhận lãnh sự, hợp pháp hóa lãnh sự

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The DECREE About consular certificate, legalized the _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law the Agency represented the Socialist Republic of Vietnam abroad on June 18, 2009;
Considering the recommendation of the Minister of Foreign Affairs, Decree: chapter I GENERAL PROVISIONS article 1. Scope of this Decree stipulates jurisdiction, order the certification procedure, legal Consul; content management and accountability of State agencies, organizations and individuals about consular certificate, legalized consuls.
Article 2. Explanation of terms In this Decree, the terms below are interpreted as follows: 1. "consular certification" means the competent authorities of Vietnam certification seal, signatures, titles on paper, documents of Vietnam to papers, documents that are recognized and used abroad.
2. "legal Consul" is the competent agencies of Vietnam certification seal, signatures, titles on paper, foreign documents to papers, documents that are recognized and used in Vietnam.
Article 3. Consular certificate content, legalize The consular consular certificate, legalized the just certified seal, signatures, titles on paper, documents, does not imply certification of the content and the form of papers, documents.
Article 4. Consular certification requirements, legalize the 1. To be recognized and used abroad, the papers, documents of Vietnam must be certified, except where the provisions of article 9 of this Decree.
2. To be recognized and used in Vietnam, the papers, the document of the foreign country must be legalized consulates, except where the provisions of article 9 of this Decree.
Article 5. Competent authority certificate of consular, legal Consul of Vietnam 1. The Foreign Ministry consular certification authorities, consular legalized in the country.
The Ministry of Foreign Affairs can authorize foreign affairs agency of the province, the central cities of receiving resumes consular certification recommendation, legal Consul.
2. diplomatic representations, consular authorities or other authorized bodies perform consular functions of Vietnam abroad (hereinafter the Agency) authorized consular certificate, legalized consulates abroad.
Article 6. The consular certification recommendation, legalize the 1. Agencies, organizations and individuals can recommend certified consular, consular legalized documents, papers or of another person without authorization.
2. Agencies, organizations and individuals filing directly at the agency competent consular certificate, legalized consulates or through Foreign Affairs Agency is authorized under the provisions of clause 1 article 5 of this decree or sent by post.
Article 7. The language, the consular certificate, legalized the 1. The language used for consular certificate, legalized the Vietnamese is the official language and the country where the document was used or in English, French.
2. place the certificate, legalized consuls is Foreign Ministry headquarters and representative offices in Vietnam.
Article 8. The certification costs, legalize the 1. The consular certification recommendation, legalize the fees.
2. The level of currency, currency, payment, management and use of the fees made under the guidance of the Ministry of finance.
3. in case of filing by post, who suggested the Consulate certification, legal Consul to pay postal charges.
Article 9. The papers, documents that are free of consular certificate, legalized the 1. Papers, documents that are free of consular certificate, legalized consuls under international treaties to which Vietnam and foreign countries involved are members of, or under the principle of reciprocity.
2. Papers, documents are delivered directly or through diplomatic lines between the competent authorities of Vietnam and the competent bodies of foreign countries.
3. Papers, documents to be certified free of consular, consular legalized under the provisions of the law of Vietnam.
4. Papers, documents that receiver of Vietnam or oversea not required to legalize consuls, consular certification in accordance with the legal provisions of their respective Vietnam or abroad.
Article 10. The papers, documents not certified consular, consular legalized 1. Papers, documents were corrected, erased but were not revised according to legal provisions.
2. Papers, documents and records suggest that consular certificate, legalized consuls have conflicting details.
3. Papers, document forgery or false certification, granted jurisdiction under the provisions of the law.
4. Papers, documents are signed, the seal is not the original signature, the original seal.
5. Papers, documents with content violating the interests of the State of Vietnam.
Chapter II the SEQUENCE, the CERTIFICATION PROCEDURE, LEGALIZE CONSULAR section 1 order CONSULAR CERTIFICATION article 11. Sequence, the certification procedure in the Foreign Ministry 1. The consular certification proposal filed 01 record: a) 1 consular certification declarations according to the prescribed form;
b) to present original documents for filing case directly;
c) 1 snapshot ID for submission by post;
d) papers, documents suggest the certified, accompanied 01 snapshot of the papers, the document to save in the Foreign Ministry.
2. in case of need to check the authenticity of the papers, the documents suggest the certified, officers receive resumes can ask the consular certification proposal to present original papers supplement, related documents and submit 1 paper copy, this document to save in the Foreign Ministry.
3. The consular certification is done on the basis of: a) For Passport stamps, signatures, titles on paper documents suggest the certification form with the seal, signature and title has been announced officially to the Ministry of Foreign Affairs; or b) results the Agency's verification, the competent organizations of Vietnam confirmed the authenticity of the seal, signature and title.
4. The consular certification in accordance with paragraph 3 of this article apply to the papers, the document issued by the following organizations, bodies, notarized, certified, certification: a) the authority in Congress, the President, the Government, the courts, the Procurator; the agencies of the Central and local State;
b the central authorities) of the Communist Party of Vietnam, the Central Committee of the Vietnam Fatherland Front, the Vietnam General Confederation of labor, the Vietnam Women's Union, the Communist Youth League Central Ho Chi Minh, Vietnam farmers Association, Vietnam Veterans Association, the Union of friendship organization of Vietnam Associations, literary arts, the Vietnam Union of scientific and Engineering Societies Vietnam, Vietnam Cooperative Alliance, the Vietnam Chamber of Commerce and industry;
c) practised organizations of Vietnam;
d) agencies, other organizations under the provisions of the law.
5. The time limit for solving is 10 working days from the date of receipt of a valid application. The case resumes in number from 10 papers, documents and over the time limit for settling longer possible but not exceeding 5 working days.
6. in case of need to check the authenticity of the seal, signature, title on paper, documents suggest the certification shall immediately after receipt, the Foreign Ministry has recommended text bodies, competent institutions, notarized, certified, certification papers, documents or the superior organization, verified. Within 5 working days of receiving the proposal, the Agency held accountable to answer in writing to the Ministry of Foreign Affairs. Shortly after receiving the reply, the Foreign Ministry resolved and reported the results to the person who recommended the certification.
Article 12. Certified paper, the document was presented at the Ministry of Foreign Affairs 1. As for the papers, the document does not belong to an accredited consular under the procedure specified in article 11 of this Decree, but to create the conditions for the papers, documents that are acceptable for use in foreign countries and the expectations of the person who recommended the certification, certification Foreign Ministry papers , the document was presented at the Ministry of Foreign Affairs.
2. The certificate prescribed in paragraph 1 of this article applies to the following documents, papers: a) the papers, documents that form the signature, seal and sample titles are no longer saved in the Agency, held up, notarized, certified papers, documentation or can not be determined;
b) papers, documents issued by the former Government before April 30, 1975.
3. Records, procedures and time limit for resolution as specified in the paragraph 1, 2 and 5 article 11 of this Decree.
Article 13. Sequence, the certification procedure in Vietnam representative offices abroad 1. The consular certification proposal filed 01 record: a) 1 Declaration recommended the certification according to the prescribed form;
b) to present original documents for filing case directly;
c) 1 snapshot ID for submission by post;
d) papers, documents suggest the certified, Vietnam Ministry of Foreign Affairs has been certified according to the provisions of article 11 or article 12 of this Decree, accompanied 01 snapshot of the papers, the document to save in representative bodies.
2. representative bodies perform consular certification on the basis of reverse engineer seals, signatures, titles in the certification of the Ministry of Foreign Affairs of Vietnam on paper, documents with the seal, signature, title was Vietnam Foreign Ministry announced.
3. The deadline resolution as specified in clause 5 article 11 of this Decree.
4. in case of need to check the authenticity of the seal, signature, title on paper, documents suggest the certification shall immediately after receipt, the representative body has the Foreign Ministry suggested text verify. Within 2 working days of receiving the proposal, the Ministry of Foreign Affairs has the responsibility to respond in writing to the representative body. Shortly after receiving the answer, solve missions and announcing results for the consular certification proposal.
Section 2 ORDER, the procedure LEGALIZED CONSULS

Article 14. The order, the procedure legalized in Consular Affairs 1. The proposal to legalize the filed 01 record: a) 1 declarations legally prescribed form Consul;
b) to present original documents for filing case directly;
c) 1 snapshot ID for submission by post;
d) papers, documents suggest legal Consul, was diplomatic representations, consular authorities or other authorized bodies perform consular functions of the foreign certificate;
DD) 1 translation papers, documents suggest legal Consul to Vietnamese or English, if papers, documents that are not founded on these languages;
e) 1 snapshot of the papers, the document referred to in point d and point dd to save at the Foreign Ministry.
2. in case of need to check the authenticity of the papers, the documents suggest legal Consul, officials received the records may request the person who proposed to legalize the present original papers supplement, related documents and submit 1 paper copy, this document to save in the Foreign Ministry.
3. implement the Foreign Ministry consular legalized on base against the seal, signature and title of the certificate of the competent bodies of foreign papers, documents with the seal, signature and title of that country were officially informed the Ministry of Foreign Affairs.
4. Time limit for resolution as specified in clause 5 article 11 of this Decree.
5. in case the signature template, sample seal and the title of the competent bodies of foreign countries specified in point d of paragraph 1 of this article has not yet been officially announced or need to check authenticity, the Foreign Ministry suggested the Agency verification. Shortly after receiving the verification results, the Foreign Ministry to resolve the profile and return results for litigants.
Article 15. The order, the procedure legalized consuls in Vietnam representative offices abroad 1. The proposal to legalize the filed 01 record: a) 1 declarations legally prescribed form Consul;
b) to present original documents for filing case directly;
c) 1 snapshot ID for submission by post;
d) papers, documents suggest legal Consul, has been certified by the Ministry of Foreign Affairs or other competent agencies of foreign countries where there are representative offices or Vietnam Vietnam chief representative body;
DD) 1 translation papers, documents suggest legal Consul to Vietnamese, foreign or English that officials receiving records can understand, if papers, documents that are not founded on these languages;
e) 1 snapshot of the papers, the document referred to in point d and point dd to save at the representative body.
2. in case of need to check the authenticity of the papers, the documents suggest legal Consul, reception staff can request records who suggested legally present original papers supplement, related documents and submit 1 paper copy, this document to save in representative bodies.
3. Representations made legalized the on base against the seal, signatures, titles in the certificate of the competent bodies of foreign countries with the seal, signature, title has been that countries formally to notify the representative body.
4. Time limit for resolution as specified in clause 5 article 11 of this Decree.
5. sample case seal, signature and title of authorized person and certified foreign Consul has not been officially announced or need to check authenticity. Representative body to recommend competent agencies of foreign countries to verify. Shortly after receiving the verification results, agencies solve records and paid results for litigants.
Section 3 an ARCHIVE the CONSULAR CERTIFICATE, LEGALIZED the article 16. The composition of the record store the consular certificate, legalized the archive records the consular certificate, legalized consuls include: 1. the certified Declaration, legalize consuls.
2. Copies of papers, documents that suggest the certification, legalize the already filed.
3. The text of the authorized agency of the verification (if available) and other related documents.
Article 17. The storage mode profile consular certificate, legalized the 1. Competent authority certificate of consular, consular legalized must preserve in tight, perform safety measure for the certificate profile, legal Consul.
2. An archive the consular certificate, legalized consuls are numbered in the order of time consistent with the record in the shared consular certificate, legalized consuls (according to the model regulations). The shared consular certificate, legalized the established form of printing paper and can be managed by software on your computer.
3. The time limit for storage: a) stored within a period of 10 years for the shared consular certificate, consular, legal management software on the computer, the profile of the case papers to fake or wrong prescriptions, the papers relating to the verification;
b) stored within a period of 3 years for the certificate profile, legalize the not mentioned in art. 2 of this Thing.
4. the competent certification authority consuls, consular legalized responsibly provide snapshot of the certificate profile, consular legalized when the competent State agencies with a written request to serve for monitoring, testing, inspection, investigation, prosecution , trial, execution involves certified consular, consular legalized. The collation with the original snapshot is done at the agency competent consular certificate, legalized consulates where are stored at the State records or for papers, archives in Vietnam representative offices abroad.
Chapter III GOVERNANCE and ACCOUNTABILITY of AGENCIES, organizations, INDIVIDUALS ABOUT CONSULAR CERTIFICATE, LEGALIZED the Article 18. Content of State management of consular certificate, legalized the 1. The unified Government in State management of consular certificate, legalized consuls.
2. The State responsible to the Government in the implementation of State management of consular certificate, legalized consular mission, the following powers: a) chaired the drafting, enactment, or the competent authority issued the legal text or propose the signing , joined the relevant international treaties;
b) presiding, in cooperation with the ministries and the local guide and organize the implementation of this Decree;
c) chaired the legal, examine, inspect, handle breaking the rules of consular certificate, legalized consuls;
d) summing up, Government reports and Statistics State implementation of consular certificate, legalized consuls;
DD) make international cooperation with countries on consular certificate, legalized consuls; hosted, in cooperation with the ministries concerned to decide the application of the principle of reciprocity with the country of consular certificate, legalized consuls.
Article 19. The responsibility of the Ministry of finance, Ministry of finance is responsible, in coordination with the Foreign Ministry issuing a written instruction on consular certification fee income, legal Consul.
Article 20. The responsibilities of the Agency, held up, notarized, certified, certification papers, documents 1. Responsible under the provisions of the law regarding the authenticity, content and form of the papers, documents.
2. timely notice to the Ministry of Foreign Affairs form the seal, signature and position of the organs, organizations and competent person notary, registration, authentication, certification, documents and papers.
3. In coordination with the Foreign Ministry carried in State management of consular certificate, legalized in consular mission scope, their powers.
4. Coordinate with the Foreign Ministry in the service of documents for verification certificate of consular, consular legalized.
Article 21. The responsibility of agencies, organizations and individuals concerned 1. Agencies, organizations and individuals to recommend certification of consuls, consular legalized responsibly: a) responsible before the law for the purpose of using the papers, that document;
b) provide relevant information to the competent authorities the certificate, legalized consuls.
2. Agencies, organizations of Vietnam when receiving, using papers, documents were legally responsible Consulate: a) reviewed, collated with the legal provisions and other relevant documents to decide to accept or not accept papers, documents were legalized in Consulate solve handling the work in the scope of its powers, functions;
b) initiative in collaboration with the competent authorities to verify the authenticity of the papers, foreign documents when necessary.
Article 22. Handle violation 1. While the duty and powers of consular certificate, legally authorized person, the lack of responsibility or behavior do left the provisions of this Decree and other legal texts, then depending on the level of violation can be dealt administrative infringement or prejudice criminal liability under the law.
2. Agencies, organizations and individuals have to do acts contrary to the provisions of this Decree shall, depending on the level of violation can be sanctioned administrative violations or prejudice criminal liability under the law.
Article 23. Complaints, accusations and complaints, complaints, complaint resolution, the accusations, to resolve accusations against the violations of the law in the consular certificate, legalized Consulate are settled according to the provisions of the law on complaints and denunciation.
Chapter IV the TERMS OF IMPLEMENTATION of article 24. Effective enforcement of this Decree in effect enforced since January 2, 2012.
Article 25. The Organization made the Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the central cities, is responsible for the implementation of this Decree.