Divorce from a foreigner, consular legalization required?

My husband and I have been separated for a year now, my husband is Korean. Feeling that this marriage could not be repaired and the conflicts were increasingly unresolved, I filed for divorce at the Court. Due to busy work as well as complicated developments of the Covid-19 epidemic, my husband could not return to Vietnam under summons and attend the court hearing. My husband has filed an Application for Absence and the Court requires that this document be consular legalized. So what is the consular legalization procedure?

In the above case, because the husband has a foreign nationality and the Application for Absence is not exempt from consular legalization, this document must be certified by a competent Vietnamese agency with title, seal, signature on documents to be recognized and used in Vietnam.

Consular legalization procedures are specified in Decree 111/2011/ND-CP and Circular 01/2012/TT-BNG.

“Consular legalization” is the certification of seals, signatures and titles by a competent Vietnamese agency on foreign papers and documents so that such papers and documents can be recognized and used in Vietnam. Vietnam.

Competent agencies for consular legalization in Vietnam are: Ministry of Foreign Affairs; Departments of Foreign Affairs of the provinces and cities directly under the Central Government; Diplomatic missions, consular offices or other agencies authorized to perform the consular function of Vietnam abroad.

Process and procedures for consular legalization of Korean documents for use in Vietnam are as follows:

(1) Before carrying out the procedure for consular legalization of Korean papers and documents for use in Vietnam, these papers and documents need to be notarized and authenticated at the competent authority of the Republic of Korea. Korea: Notary offices, state agencies, …

(2) After being notarized, authenticated, these papers and documents need to be consularly certified by the Korean Ministry of Foreign Affairs.

(3) The applicant for consular legalization shall submit 01 set of documents as prescribed in  Article 15 of Decree 111/2011/ND-CP requesting for consular legalization at the Vietnamese Embassy in Korea.

The processing time of the consular legalization procedure is 01 working day from the date of receipt of complete and valid dossiers. In case the application has 10 or more papers and documents, the processing time may be longer but must not exceed 05 working days.

Thus, in the above case because the husband is too busy with work, and at the same time, the complicated situation of the Covid-19 epidemic affecting travel, the procedure for consular legalization of documents can be carried out. , documents according to the instructions above and send those papers and documents to Vietnam to submit to the Court.

Post Author: admin hong