Ho Chi Minh City, 23 September 2026
On 23 July 2026, the Government issued Decree No. 293/2026/ND-CP (“Decree 293”) providing guidance on the implementation of the Hague Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents (the “Apostille Convention”). Decree 293 will take effect on 11 September 2026, the same date on which the Apostille Convention enters into force for Vietnam.
Decree 293 establishes a new framework for the authentication and use of public documents between Vietnam and Convention member states with which the Convention applies. Under this framework, foreign public documents bearing a valid Apostille are exempt from consular legalization and may be used in Vietnam without undergoing any further consular certification or legalization procedures.
For foreign investors and foreign-invested enterprises, the new regime may significantly simplify the preparation of foreign-issued public documents for use in investment, corporate, licensing and other legal procedures in Vietnam.
However, an Apostille does not mean that every foreign document will automatically be accepted in Vietnam. The applicability of the regime still depends on the country where the document is issued, issuing authority, the nature of the document, and the requirements of Vietnamese law governing its use.
What Has Changed?
1. Apostille replaces consular legalization for qualifying public documents
Under Decree 293, a public document issued by a Convention member state with which the Convention applies to Vietnam, once bearing a valid Apostille issued by the competent authority of that state, is exempt from consular legalization and may be used in Vietnam without undergoing any further certification procedure under the relevant regulations.
Notably, Vietnamese authorities and organizations may not require additional consular certification or legalization for public documents bearing a valid Apostille.
Under this regime, instead of undergoing the consular legalization process, a qualifying public document will be Apostilled by the competent authority of the country where it is issued before being used in Vietnam.
Practical implications: For foreign investors and multinational groups that frequently use foreign-issued documents in procedures in Vietnam, the Apostille regime may shorten the document authentication process and reduce the number of steps involving consular authorities.
This is particularly relevant to transactions or procedures requiring multiple documents from a foreign parent company, investor or individual, such as investment filings, enterprise registration, M&A transactions, and certain licensing and employment procedures.
However, the Apostille regime only applies to public documents and in relations between Vietnam and Convention member states with which the Convention applies. Where these conditions are not satisfied, consular certification and legalization procedures will continue to apply.
2. Not every Convention member state and every foreign document automatically qualifies for the Apostille regime
The fact that a country is a member of the Apostille Convention does not necessarily mean that every document issued in that country can automatically be used under the Apostille regime in Vietnam.
First, the Convention must be in force between Vietnam and the country where the document is issued. Where a member state objects to Vietnam’s accession to the Convention, or Vietnam objects to the accession of that state under the Convention mechanism, documents circulating between the two countries will remain subject to consular certification and legalization requirements. In other words, Apostille mechanism will not apply to this case.
In addition, the Apostille regime only applies to “public documents”. Under Decree 293, public documents generally include:
- Judicial and enforcement documents: court judgments, decisions and procedural documents issued by courts, procuracies and investigation authorities; documents issued by enforcement authorities; and bailiff records (vi bằng).
- Administrative documents: birth and marriage certificates, nationality and adoption documents, criminal record certificates, diplomas, certificates, academic records, medical certificates and other administrative documents issued or certified by competent authorities.
- Notarized documents: contracts, transactions, translations and notarized copies.
- Authenticated documents: certified true copies, authenticated signatures, authenticated translator signatures, and authenticated contracts and transactions.
- Other public documents made, issued or certified by competent Vietnamese authorities, organizations or officials in accordance with applicable law (except for documents specifically excluded under relevant regulations).
Practical implications: When preparing foreign documents for use in Vietnam, businesses should consider not only whether the country where the document was issued is a party to the Apostille Convention, but also whether the Convention is in force between that country and Vietnam, and whether the document qualifies as a “public document” within the scope of the Apostille regime.
This is particularly important for corporate documents such as resolutions, powers of attorney, and internal company documents. Such documents are not automatically regarded as public documents and may need to be notarized or otherwise formally certified before they are eligible for an Apostille.
3. Apostille authenticates the origin of a document but does not replace translation requirements or substantive review
Decree 293 expressly provides that an Apostille only authenticates the origin of a public document, including the authenticity of the signature, the capacity and authority of the signatory, and the seal or stamp affixed to the document, if any.
An Apostille does not certify the content or form of the public document.
At the same time, an Apostilled public document that is not made in Vietnamese must still be translated into Vietnamese, and the translation must be notarized or certified in accordance with Vietnamese law, unless otherwise provided under applicable sector-specific regulations.
In addition, when receiving an Apostilled document, the relevant Vietnamese authority or organization remains responsible for reviewing and cross-checking the document against applicable laws and related documents in order to determine whether it should be accepted for the relevant procedure.
Practical implications: An Apostille simplifies the process of authenticating the origin of a document, but does not mean that an Apostilled document will automatically satisfy all requirements of a legal filing in Vietnam.
Businesses must separately assess the applicable requirements relating to content, form, translation, notarization or certification under the sector-specific laws governing each procedure.
Accordingly, for investment or licensing filings, document preparation should be considered in at least two separate stages: (i) determining the appropriate authentication method for the foreign document; and (ii) determining whether the content and form of the document satisfy the requirements of the relevant procedure in Vietnam.
4. Recognition of electronic Apostille and online verification mechanisms
Decree 293 formally recognizes electronic Apostille (“e-Apostille”) issued by the competent authorities of Convention member states.
Accordingly, an e-Apostille has the same legal validity as a paper Apostille and may not be denied legal effect solely because it is in electronic form.
Where necessary, Vietnamese authorities or organizations may verify an Apostille through the electronic register of the issuing state, either by conducting an online search or scanning the QR code on the Apostille. Where there are reasonable grounds to doubt its authenticity but online verification is not available, the receiving authority may request assistance from the Ministry of Foreign Affairs.
Practical implications: Recognition of e-Apostille provides a basis for further digitalization of cross-border document authentication and may reduce reliance on the physical delivery of paper Apostille between jurisdictions.
However, businesses should distinguish between the legal validity of an e-Apostille and the required form of documents to be submitted for a specific procedure in Vietnam. Recognition of e-Apostille under Decree 293 does not mean that all Vietnamese licensing authorities must accept an entire application dossier or all foreign documents in electronic form where sector-specific laws or procedures impose different requirements.
5. Documents legalized before 11 September 2026 remain valid
Decree 293 also introduces transitional provisions to avoid requiring businesses to repeat authentication procedures for documents prepared before the Apostille regime becomes applicable.
Accordingly, public documents issued by Convention member states that were consular legalized by the competent Vietnamese authorities before 11 September 2026 will remain valid for use in Vietnam. Receiving authorities or organizations may not require users to obtain an Apostille again for such documents.
In addition, an Apostille issued by a Convention member state with which the Convention applies to Vietnam before the Convention enters into force between that state and Vietnam may be accepted and used in Vietnam once the Convention becomes effective, provided that the document does not fall within any grounds for refusal under Decree 293.
Practical implications: Businesses that are in the process of preparing, or have already completed, consular legalization of documents for use in filings in Vietnam before 11 September 2026 will not need to repeat the entire process merely to switch to the Apostille regime.
These transitional provisions help minimize disruption to transactions and legal procedures already in progress during the transition between the two regimes.
Recommendations for Investors and Businesses
Foreign investors and FDI enterprises should:
- Identify the country where each document is issued and verify whether the Apostille Convention is in force between that country and Vietnam before determining the appropriate authentication method;
- Classify documents intended for use in Vietnam to determine which documents fall within the scope of “public documents” and are eligible for the Apostille regime;
- For corporate documents that are not public documents by themselves, check in advance whether notarization or other certification is required in the jurisdiction where the document is issued;
- Avoid treating an Apostille as a substitute for translation, notarization, certification or substantive document requirements under Vietnamese law;
- For e-Apostille, separately check the document format requirements applicable to the specific procedure in Vietnam; and
- Review documents already consular legalized before 11 September 2026 to continue using them under the transitional regime, rather than unnecessarily repeating the Apostille process.
Our View
Decree 293 marks a significant change in the framework for authenticating foreign public documents used in Vietnam, replacing the traditional consular legalization process with the simpler Apostille mechanism for documents falling within the scope of the Convention.
For foreign investment activities, this change may significantly facilitate the preparation of cross-border documentation, particularly in transactions and regulatory procedures that require documents from foreign investors, parent companies, or individuals overseas, which have traditionally involved considerable time, cost, and administrative effort.
However, the benefits of the Apostille regime depend on businesses correctly identifying the applicable country – type of document – requirements of the relevant Vietnamese procedure. An Apostille only addresses the authentication of the origin of a document and does not replace the assessment of substantive compliance, form requirements, translation, notarization or certification under Vietnamese law.
From a practical perspective, businesses should adjust their foreign document preparation processes by determining from the outset whether a document falls under the Apostille regime, remains subject to consular legalization, or benefits from another exemption or more favorable authentication mechanism. Proper classification at the document preparation stage will help businesses make effective use of the new regime and avoid unnecessary procedures.
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Read the previous Regulatory Notes here: Part 1 | Part 2 | Part 3| Part 4| Part 5| Part 6| Part 7
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