In brief
11 September 2026 marked a major turning point for cross-border dispute resolution processes in Vietnam when the country became bound by the Hague Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents. On 23 July 2026, the Government issued Decree No. 293/2026/ND-CP to guide the implementation of the Convention and this decree also took effect on 11 September 2026.
In practical terms:
- Vietnamese public documents intended for use in another Convention country may now be authenticated by an Apostille;
- Foreign public documents Apostilled by a Convention country may generally be used in Vietnam without further Vietnamese consular legalization;
- Documents exchanged with non-Convention countries remain subject to the consular legalization regime; and
- Existing treaty exemptions continue to take priority.
What are the key changes that businesses should know?
1. Apostille replaces consular legalization in qualifying cases
Article 5.3(a) of Decree 293 provides that Apostille certification under this Decree applies to public documents circulating between Vietnam and a Contracting State in relation to which the Convention is in force for Vietnam.
For non-Convention countries, Article 5.3(b) retains consular certification and legalization.
Importantly, Article 5.4 provides that if another Convention country objects to Vietnam’s accession or Vietnam objects to that country, the Apostille Convention does not operate between the two countries. Austria, Czechia and Germany have objected to Vietnam’s accession, so the Apostille system does not currently apply between Vietnam and those countries.
2. Existing exemptions and simpler treaty procedures remain available
Under Article 5.1 of Decree 293, the Apostille is not mandatory where another applicable treaty, the destination country’s law or its practice dispenses with authentication. Article 5.3(c) further provides that an international treaty establishing a simpler procedure or an exemption takes priority. Such exemptions may be found, for example, in bilateral mutual legal assistance treaties.
3. Broad coverage of public documents
Article 3.3 of Decree No. 293/2026/ND-CP broadly reflects Article 1 of the Apostille Convention. It defines a public document as a paper or electronic document drawn up by a competent authority, organization or individual in the exercise of functions or powers under the law of the place where the document was created. It includes:
- Documents issued by courts, judicial authorities or competent judicial officers;
- Administrative documents;
- Notarial instruments; and
- Official certifications placed on documents signed in a private capacity.
Article 10 expressly includes, among other things:
- Judgments, decisions and procedural documents;
- Civil, criminal and other judgment-enforcement documents;
- Civil-status, nationality and adoption documents;
- Criminal-record certificates;
- Diplomas, certificates and records of study or research; and
- Medical certificates, medical examination records and other public administrative documents.
Businesses may therefore expect the new regime to assist with documents frequently used in investment, licensing, employment, immigration, education and dispute-resolution matters. Whether a corporate document qualifies depends on its legal character in the country of origin.
4. An Apostille authenticates origin, not substantive content
Article 4 of Decree 293 provides that an Apostille certifies the origin of the public document, including the authenticity of the signature, the signatory’s capacity and any seal or stamp. It does not certify the document’s content or form.
Consequently, an Apostille does not:
- Confirm that the facts stated in a document are correct,
- Replace any notarization or certification separately required by applicable law,
- Replace a certified translation, or
- Guarantee that the receiving authority will accept the document for a particular filing.
Article 5.1 also expressly confirms that an Apostille does not replace domestic notarization or authentication where the document is used in Vietnam.
5. The Ministry of Foreign Affairs is the competent authority
Article 6 of Decree 293 designates the Ministry of Foreign Affairs as Vietnam’s competent authority and authorizes the Minister of Foreign Affairs to specify the bodies that issue Apostilles. Applicants should check the Ministry’s current guidance to identify the appropriate issuing body before submitting an application.
Article 6 also permits the phased delegation of Apostille authority to provincial-level People’s Committees meeting prescribed criteria. It does not automatically authorize every provincial-level People’s Committee.
Under Article 7, an organization or individual may request an Apostille for its own document or another person’s document without a power of attorney. An applicant submitting another person’s document remains responsible for the legality of its submission and use and for compliance with personal-data protection requirements.
6. Paper and electronic implementation
Decree 293 establishes an Apostille information system administered by the Ministry of Foreign Affairs, including an electronic repository of issued Apostilles and a publicly accessible e-Register for online authenticity checks. Apostilles contain a QR code enabling verification through the e-Register.
Article 3.5 of Decree 293 defines an e-Apostille as an Apostille issued as electronic data, signed with a digital signature and meeting the technical requirements in Article 20. Separately, the Prime Minister’s implementation plan under Decision No. 330/QD-TTg of 2026 calls for the gradual implementation of e-Apostilles.
Businesses should confirm the practical availability of e-Apostille issuance and online verification services, as well as the receiving authority’s ability to process an e-Apostille, before relying on fully electronic processing.
What are immediate recommended actions for businesses?
Companies dealing with cross-border documents should:
- Identify frequently used documents: List the foreign documents regularly used in Vietnam, and Vietnamese documents regularly used overseas, and check whether each is eligible for an Apostille.
- Check the relevant country: Confirm that the Apostille Convention applies between Vietnam and the country where the document was issued or will be used.
- Look for a simpler route: Check whether an applicable treaty already exempts the document from legalization or provides a simpler procedure.
- Check the remaining requirements: An Apostille does not replace any separate requirements for notarization, certification, translation or acceptance by the receiving authority.
- Update internal checklists: Replace automatic references to consular legalization with the appropriate route, whether an Apostille, consular legalization or an available exemption.
- Confirm the receiving authority’s practice: For important or time-sensitive filings, check the authority’s document requirements in advance, particularly when using an e-Apostille.
- Maintain complete records: Keep a copy of the complete apostilled document and, where relevant, its e-Register verification result.
Please contact us if you have any questions about how the Apostille Convention or Decree 293 may affect your cross-border document requirements or procedures.
Minh Tri Quach, Partner, and Ngoc Quan Hoang, Senior Associate, have co-authored this legal update.
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