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Embassy Notarization Q&A

Q1: Why do foreign investors require Embassy legalization when setting up companies (factories) in Vietnam?
A1: In order to verify the authenticity of the documents, Vietnam government requires investors’ company documents should be legalized by the Embassy. The process firstly needs to be notarized by the local Notary Public and then legalized by Vietnam Embassy.

Q2: How to apply for Vietnam Embassy legalization if there is no Embassy in that foreign country?
A2: The documents must be delivered to Vietnam Embassy in a nearby country for legalization. Due to the extra process, the legalization time would take longer, for example: the process of BVI company documents to be legalized by Vietnam Embassy:
1. Notarized by BVI Notary Public; 
2. Apostilled by BVI Company Registry;
3. Certified by UK Foreign Affair;
4. Legalized by Vietnam Embassy in London.
We recommend to choose the overseas country with many diplomatic relations and embassies as holding company(such as Seychelles). 

Q3: What is Apostille?
A3: The Apostille, also known as int’l certification, is a secondary certification by the government authorities of the Hague Convention country on the issuer of the original certification (typically a Notary Public) to prove its authenticity and validity. Once a document has been apostilled, it becomes legally effective among member countries of the Hague.

Q4: Why the document certification is changed from Embassy legalization to apostille when using foreign  company to set up company (factory) in China?
A4: China government joined “Hague Treaty Convention” on Nov. 7, 2023, the foreign company documents only need to be apostilled locally.

Q5: When using Hong Kong company to invest in China, but the Business Registration (BR) is expired soon, will it affect the attorney notarization?
A5: Hong Kong is a Special Administrative Region of China, so there is no China Embassy. Hong Kong company documents are used for investment purpose in China, attorney notarization would be required instead.The documents are notarized by attorney can legally prove the authenticity and existence of the company. Due to BR is expired to be renewed annually, once the old BR even if it has been notarized by attorney the documents will still be regarded as invalid by the China government, and will require the latest original BR or copy to be notarized by attorney.