When
establishing a formal entity or when the Vietnamese government requests
official documents from the investor's nation to process a specific civil,
legal, or business application on behalf of a foreign person or foreign entity,
foreign investors in Vietnam frequently go through the procedure of consular
legalization.
According to
international law, Vietnam
Embassy Legalisation is the process of authenticating or
certifying a legal document so that a foreign country's legal system would
recognize it and provide it full legal effect. In Vietnamese law, the process
of certifying the stamps, signatures, and titles on foreign documents as having
Vietnamese authority in order for them to be accepted and used in Vietnam is
known as consular legalization.
In other words,
the legalization procedure at the consulate helps to confirm the legitimacy of
documents issued by one nation for use in another. When a document is
legalized, the authority simply verifies the signatures and stamps that appear
on it; it is not responsible for the veracity of the content. The entire
process is handled jointly by the governments of both countries the Originating
Country and the Destination Country with Vietnam serving.
Except for
specific, unique documents provided by those nations with which Vietnam has an
agreement, all documents issued by foreign governments must, in general,
undergo the consular legalization process in order to be recognized and used in
Vietnam. The following papers are typically required for consular legalization:
The certificate of incorporation, the
articles of association, the charter, a company extract, and a company profile
are all necessary documents for the incorporation of an offshore business.
Degrees, diplomas, birth and marriage
certificates, criminal background checks, letters of employment experience or
recommendations, chastity certificates, and other personal documents are
examples of personal papers.
Documents exempt
from consular legalization
Certain foreign
documents could be exempt from consular legalization if certain conditions are
met, including (i) treaties to which Vietnam and the foreign nation are
parties, (ii) instances in which Vietnamese law permits the exemption.
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