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From 11 September 2026: simplified procedures for documents previously subject to consular legalisation

Byadmin_skarlet

If you are planning to:

  • Send your child abroad for education, apply for a work visa, or enter into a marriage involving a foreign element;
  • Expand your investment or business operations overseas; or
  • Submit legal or procedural documents to a court or arbitral tribunal in another jurisdiction,

the traditional procedures for preparing and processing documents through the consular legalisation process may no longer be appropriate.

From 11 September 2026, Decree No. 293/2026/ND-CP (“Decree 293”), which provides guidance on the implementation of the Hague Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents (the “Convention”), officially takes effect. The Decree replaces the traditional “two-step” procedure with a simplified mechanism: an Apostille certificate issued by the Ministry of Foreign Affairs, allowing the relevant public document to be used directly in more than 120 Contracting States to the Convention [1], without the need for further consular legalisation [2]. Below are several noteworthy points introduced under Decree 293.

1. Persons Eligible to Apply for an Apostille Certificate

Agencies, organisations and individuals may apply for an Apostille certificate in respect of documents belonging to themselves or to another person without being required to provide a power of attorney.

A person applying for an Apostille certificate in respect of another person’s documents shall be legally responsible for the lawfulness of the submission and use of such documents and must comply with applicable regulations on personal data protection and other relevant laws [3].

2. Public Documents Eligible for Apostille Certification

Vietnamese public documents falling within the scope of Apostille certification include [4]:

  • Documents prepared, issued or certified by competent authorities or persons in judicial proceedings and judgment enforcement activities in accordance with applicable laws from time to time. These include judgments, decisions and procedural documents issued by People’s Courts, People’s Procuracies and Investigation Authorities; decisions, minutes and other documents issued by civil judgment enforcement authorities, civil judgment enforcement management authorities and criminal judgment enforcement authorities; aswell as “vi bang” (official records of facts and events prepared by “Thua phat lai”, a legally regulated legal officer under Vietnamese law) and enforcement officers in the performance of their duties.
  • Administrative documents prepared, issued or certified by competent agencies, organisations or persons in accordance with applicable laws. These include documents relating to civil status, nationality and adoption; judicial records; diplomas, certificates and confirmations of academic or research results; health examination certificates, medical certificates, medical assessment conclusions and other medical documents; and other administrative documents issued or certified in accordance with law by State authorities or organisations authorised or delegated by the State to provide public services.
  • Notarised documents in accordance with the laws on notarisation applicable from time to time, including notarised contracts, transactions, translations and copies.
  • Authenticated documents certified by competent agencies, organisations or persons in accordance with applicable laws, including certifications of copies against originals; authentication of signatures and translators’ signatures; and authentication of contracts and transactions.
  • Other public documents prepared, issued or certified by competent Vietnamese agencies, organisations or persons in the performance of their functions and duties in accordance with law.

3. Competent Authority for Issuing Apostille Certificates and Methods of Submission

The Ministry of Foreign Affairs is the competent authority of Viet Nam for issuing Apostille certificates. The Minister of Foreign Affairs shall determine the specific authority responsible for the issuance of Apostille certificates [5].

Under the Decree, applications for an Apostille certificate may be submitted through two methods[6]:

First, applications may be submitted in person at the One-Stop Service Division or sent by post.

The locations for in-person submission include [7]:

  • The Consular Department, 40 Tran Phu Street, Ba Dinh Ward, Ha Noi; and
  • The Department of Foreign Affairs of Ho Chi Minh City, No. 6 Alexandre de Rhodes Street, Sai Gon Ward, Ho Chi Minh city.

Second, applications may be submitted fully online through the National Public Service Portal at dichvucong.mofa.gov.vn or via the National Digital Identity Application (VNeID).

4. Required Application Documents

An application dossier for an Apostille certificate includes [8]:

  • An application form for an Apostille certificate, using form APO/TK prescribed under Circular No. 11/2026/TT-BNG issued by the Ministry of Foreign Affairs, together with scanned copies of the documents for which Apostille certification is requested, uploaded to the National Public Service Portal or the Ministry of Foreign Affairs’ administrative procedures processing information system [9].
  • The documents for which Apostille certification is requested, together with translations and notarisation/authentication, where required.
  • Other valid supporting documents, where specifically required under applicable regulations.

5. Fees and Processing Time [10]

The applicable fee is VND 30,000 per document, in accordance with Circular No. 157/2016/TT-BTC issued by the Ministry of Finance.

Method of payment: Payment may be made by bank transfer using the QR code provided on the receipt and appointment slip for the return of results.

Processing time:

  • 01 working dayfor an application containing from 01 to 04 public documents;
  • 02 working daysfor an application containing from 05 to 09 public documents; and
  • 04 working days for an application containing 10 or more public documents.

6. Recommendations for Enterprises and Individuals

In light of the new Apostille framework, businesses and individuals should consider the following:

  • Review the categories of public documents that are frequently subject to consular legalisation, such as documents relating to foreign employees, investment dossiers, overseas study applications and marriages involving foreign elements, in preparation for transitioning to the Apostille procedure from 11 September 2026.
  • Continue to monitor official detailed guidance issued by the Ministry of Foreign Affairs, as and when officially promulgated, in order to obtain further clarity on the applicable procedures, required documents and fees.
  • For foreign documents intended for use in Viet Nam, it is important to verify whether the issuing country is a Contracting State to the Apostille Convention and whether the Convention is applicable between that country and Viet Nam before determining the appropriate authentication procedure, namely, whether an Apostille is sufficient or whether the traditional consular legalisation procedure remains required.

LEGAL REFERENCES

[1] For a list of Contracting States to the Apostille Convention, please refer to: https://www.gsccca.org/notary-and-apostilles/apostilles/hague-apostille-country-list

[2] It should be noted that certain exceptions currently apply, under which public documents intended for use in these jurisdictions may still be subject to the conventional procedures for consular certification and legalisation. These include:

(i) States that have objected to Viet Nam’s accession pursuant to Article 12.2 of the Apostille Convention, namely the Federal Republic of Germany, the Republic of Austria and the Czech Republic;

(ii) States that have acceded to the Convention but for which the Convention has not yet entered into force, such as the Kingdom of Thailand (where the Convention will enter into force on 28 February 2027); and

(iii) Territories in respect of which the Convention has been declared inapplicable, such as Greenland, a territory within the Kingdom of Denmark.

[3] Decree 293, Article 7.

[4] Decree 293, Article 10.

[5] Decree 293, Article 6.1.

[6] Decree 293, Article 12.

[7] According to the Ministry of Foreign Affairs’ Notice on the receipt of applications for Apostille certificates, please see at https://lanhsuvietnam.gov.vn/Lists/BaiViet/B%C3%A0i%20vi%E1%BA%BFt/DispForm.aspx?List=dc7c7d75%2D6a32%2D4215%2Dafeb%2D47d4bee70eee&ID=1199

[8] Decree 293, Article 12.1.

[9] According to the Ministry of Foreign Affairs’ Notice on the receipt of applications for Apostille certificates, please see at https://lanhsuvietnam.gov.vn/Lists/BaiViet/B%C3%A0i%20vi%E1%BA%BFt/DispForm.aspx?List=dc7c7d75%2D6a32%2D4215%2Dafeb%2D47d4bee70eee&ID=1199

[10] According to the Ministry of Foreign Affairs’ Notice on the receipt of applications for Apostille certificates, please see at https://lanhsuvietnam.gov.vn/Lists/BaiViet/B%C3%A0i%20vi%E1%BA%BFt/DispForm.aspx?List=dc7c7d75%2D6a32%2D4215%2Dafeb%2D47d4bee70eee&ID=1199

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