Understanding the Apostille Convention: From Its Historical Origins to Vietnam's New Implementing Regulations

1. Historical Background of the Apostille Convention

The Apostille Convention (the Hague Convention of 5 October 1961) is the Hague Conference on Private International Law's most widely joined multilateral treaty, replacing multi-step consular legalization with a single Apostille certificate. As of December 2025, it has 129 member states, including most of Vietnam's leading trade and investment partners.

Vietnam acceded to the Convention under Resolution No. 407/NQ-CP dated 12 December 2025, and the Convention entered into force for Vietnam on 11 September 2026, per Notice No. 340/BNG-LPQT. Three states — Germany, Austria and the Czech Republic — objected to Vietnam's accession, so the Convention does not yet apply between Vietnam and these three countries; as of 11 September 2026, 125 of the Convention's 129 member states have an application relationship with Vietnam. Key milestones are summarized below.

Timeline of Vietnam's accession to the Apostille Convention.

2. Significance of Vietnam's Accession

Accession replaces the multi-agency certification and consular legalization chain with a single Apostille certificate, significantly cutting time and cost for individuals and businesses. For foreign-invested enterprises — including projects at the High-Tech Park — this is especially useful when using documents issued by an overseas parent company for procedures such as company establishment, Investment Registration Certificate adjustments, or international commercial transactions. Implementation is also tied to building an electronic Apostille database and register (e-Register), advancing digital transformation in public administration and furthering Resolution No. 59-NQ/TW of the Politburo dated 24 January 2025 on international integration in the new context.

Before/after process comparison and direct benefits for businesses under the Apostille mechanism.

3. Vietnam's New Implementing Regulations

To implement the Convention, the Government issued Decree No. 293/2026/ND-CP dated 23 July 2026 guiding the implementation of the Hague Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents (the Apostille Convention), effective from 11 September 2026 — the same date the Convention entered into force for Vietnam. The Decree governs: the competence, order and procedures for issuing Apostille certificates for Vietnamese public documents; the acceptance and use in Vietnam of public documents already bearing an Apostille certificate issued by a member state; the verification of Apostille certificates; and state management of the Convention's implementation.

Key contents of Decree No. 293/2026/ND-CP include:

Scope of documents eligible for an Apostille. Vietnamese public documents eligible for an Apostille certificate cover several categories, including: procedural documents, judgments and decisions of people's courts, people's procuracies and investigation agencies; civil-status, nationality and adoption documents; judicial record cards; diplomas and certificates; medical documents; and notarized and authenticated documents, as specified in the Decree.

Issuing authority. Under Article 6 of Decree No. 293/2026/ND-CP, the Ministry of Foreign Affairs is Vietnam's competent authority for issuing Apostille certificates. Under Article 2 of Circular No. 12/2026/TT-BNG dated 11 September 2026 of the Minister of Foreign Affairs, two agencies directly issue Apostille certificates: the Consular Department (Ministry of Foreign Affairs, headquartered at 40 Tran Phu, Ba Dinh, Hanoi) and the Ho Chi Minh City Department of Foreign Affairs (headquartered at 6 Alexandre de Rhodes, Ho Chi Minh City) — both authorized to issue Apostille certificates for all categories of public documents. Decentralization of this authority to provincial People's Committees will be considered under a roadmap from 2027 to 2030, pursuant to Prime Ministerial Decision No. 330/QD-TTg dated 25 February 2026.

Processing time. For paper applications submitted in person: 1 working day for applications containing 1 to 4 documents; 2 working days for 5 to 9 documents; and 4 working days for 10 or more documents. For fully online applications for an electronic Apostille (e-Apostille), processing is faster — an application with 1 to 4 documents may be processed within the same working day. Where verification is required or a large volume of documents is submitted, processing may take up to 10 working days.

Cases where consular legalization still applies. Under Article 35 of Decree No. 293/2026/ND-CP, consular certification and legalization continue to apply under current regulations to: Vietnamese public documents used in a country that is not a member state of the Apostille Convention (including Germany, Austria and the Czech Republic — the three states that have objected to Vietnam's accession, as noted in Section 1); documents that do not fall within the scope of "public documents" or within the scope of documents eligible for an Apostille under the Decree; and other cases not governed by the Decree. In addition, Article 26 of Decree No. 293/2026/ND-CP sets out five specific grounds on which an already-apostilled foreign public document may still be refused acceptance in Vietnam — for example, where the Apostille was not issued by the proper competent authority, shows signs of forgery, erasure or unauthorized alteration, or where the content of the document violates Vietnamese law.

Points to note when using an Apostille-certified document. An Apostille certificate confirms the origin of a public document — the authenticity of the signature, the capacity in which the signatory acted, and the seal or stamp affixed to the document — and does not replace notarization or certification requirements applicable when the document is used in Vietnam. The receiving agency or organization retains the right to verify the authenticity of an Apostille certificate where necessary.

4. Practical Notes for Organizations and Individuals

Agencies, organizations and individuals preparing dossiers involving foreign documents, or Vietnamese documents to be used abroad, should note the following: first, check whether the country that issued the document is a member state of the Convention with an application relationship with Vietnam, in order to determine whether an Apostille certificate or consular legalization under current regulations is required; second, verify that the type of document falls within the scope defined in Decree No. 293/2026/ND-CP; and third, arrange for translation into Vietnamese and certification of the translation, as required by law, for foreign-language documents used in Vietnam.