VI Decree No. 293/2026/ND-CP, issued on July 23, 2026 and taking effect from September 11, 2026, provides guidance on the implementation of the 1961 Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (the “Apostille Convention”). The Decree establishes an Apostille certification mechanism to replace traditional consular legalization procedures for public documents falling within its scope between Vietnam and other contracting states with which the Convention is applicable. The new regulations are expected to simplify administrative procedures, reduce processing time and costs for individuals and businesses requiring cross-border use of public documents.
1. Changes to the Document Authentication Mechanism: From Consular Legalization to Apostille Certification
The most significant innovation introduced by Decree No. 293/2026/ND-CP is the implementation of the Apostille certification mechanism under the 1961 Hague Convention. Accordingly, instead of undergoing the traditional process of consular certification or legalization through diplomatic missions, public documents within the scope of the Convention only need to be affixed with an Apostille issued by the competent authority of the country where the documents originate.
This mechanism applies in both directions:
- Vietnamese public documents used abroad: Public documents issued or prepared by competent Vietnamese authorities, once affixed with an Apostille, may be used in other contracting states with which the Convention is applicable, without further consular legalization by the diplomatic or consular missions of the destination country.
- Foreign public documents used in Vietnam: Public documents issued by competent authorities of other contracting states and bearing a valid Apostille are exempt from consular legalization requirements when used in Vietnam.
Accordingly, the Apostille mechanism simplifies cross-border document authentication procedures and reduces intermediary steps in preparing documents for administrative procedures, investment, business activities and civil transactions involving foreign elements.
2. Specific Regulations on the Scope of Documents Eligible for Apostille Certification
Decree No. 293/2026/ND-CP clarifies the categories of Vietnamese public documents eligible for Apostille certification under Article 10, including:
- Judicial and enforcement documents: Judgments, decisions and procedural documents issued by People’s Courts, People’s Procuracies and Investigation Authorities; documents issued by civil judgment enforcement authorities; and bailiff’s records prepared by licensed bailiffs.
- Administrative documents: Birth certificates, marriage certificates, death certificates, nationality documents, adoption documents, criminal record certificates, diplomas, certificates, academic transcripts, health certificates and other administrative documents issued by competent authorities.
- Notarized documents: Contracts, transactions, translations and notarized copies.
- Certified documents: Certified copies of original documents, certified signatures, certified translators’ signatures and certified contracts and transactions.
However, not all documents are eligible for Apostille certification. Under Article 11, certain documents are excluded from the scope of certification, including documents issued by Vietnamese diplomatic or consular officers in the performance of their official functions; administrative documents directly related to commercial or customs activities, except where otherwise provided; and documents that have not been issued, certified or authenticated by competent authorities or have not undergone notarization or certification.
In addition, competent authorities may refuse to issue an Apostille for documents that have been unlawfully erased or amended, show signs of forgery, have been revoked or annulled, or are no longer legally valid. Electronic documents must also bear valid digital signatures in accordance with applicable laws.
These provisions are important in determining which documents qualify for the exemption from consular legalization and preventing individuals and businesses from assuming that all documents used in international transactions are automatically eligible for Apostille certification.
3. Simplified Application Procedures and Enhanced Digital Transformation
Another notable development is the introduction of multiple application submission methods for Apostille certification. Under Article 12, individuals and organizations may choose one of the following methods:
- Submit applications directly at the competent authority’s One-Stop Service Department;
- Submit applications via postal services;
- Submit fully online applications through the National Public Service Portal or the National Digital Identity Application.
For paper-based applications, the basic required documents include an application form for Apostille certification and the original public document requiring certification. Where the document is a certified copy or a certified translation, the applicant must submit the corresponding certified copy or translation.
For online applications, applicants must complete an electronic application form and submit an electronic version of the public document bearing a valid digital signature of the issuing authority, organization or competent signatory.
Notably, the Decree also establishes the legal framework for implementing electronic Apostilles (e-Apostilles), an electronic data repository and an electronic register (e-Register). Accordingly, an electronic Apostille is integrated into or attached to the relevant electronic public document, ensuring its integrity and legal validity in accordance with applicable regulations.
Nevertheless, the full implementation of the electronic system will not take place immediately upon the Decree’s effective date. Under Clause 4, Article 36, during the period before the Apostille Information System becomes operational, competent authorities will continue issuing paper-based Apostilles. Online applications will be received and processed through the Ministry of Foreign Affairs’ administrative procedure system, which is connected to the National Public Service Portal. The e-Apostille mechanism, electronic register and QR code functionality will be implemented once the Apostille Information System is officially operational.
These provisions demonstrate Vietnam’s commitment to digital transformation in international document authentication while ensuring continuity in administrative procedures during the transitional period.
4. Competent Authorities and Responsibilities for Apostille Verification
Under Article 6, the Ministry of Foreign Affairs is the competent authority responsible for issuing Apostilles in Vietnam. The Minister of Foreign Affairs is responsible for specifying the authorities performing Apostille certification and establishing criteria, conditions and a roadmap for delegating certification authority to provincial-level People’s Committees.
In addition, the Decree allows individuals and organizations to apply for Apostille certification for their own documents or those belonging to another person without requiring a power of attorney. However, applicants remain legally responsible for the lawfulness of submitting and using such documents.
An important point to note is that an Apostille only certifies the origin of a public document, including the authenticity of the signature, the capacity in which the signatory has acted, the authority of the signatory and the seal or stamp affixed to the document, where applicable. An Apostille does not certify the accuracy, legality or substantive content of the document.
For foreign documents used in Vietnam, Article 25 provides that receiving authorities and organizations must not require additional consular certification or legalization for documents bearing a valid Apostille.
However, Article 26 also specifies circumstances in which documents bearing an Apostille may still be refused, including cases where the document does not qualify as a public document, the Apostille was issued by an unauthorized authority, the document shows signs of forgery, or its contents violate Vietnamese law, infringe upon State interests, or contravene fundamental principles of public order and social ethics.
Accordingly, the Apostille mechanism does not eliminate the responsibility to examine document validity. Rather, it shifts the focus from multi-level authentication procedures to a unified mechanism for certifying the origin of public documents.
5. Transitional Provisions and Continued Application of Consular Legalization Procedures
Decree No. 293/2026/ND-CP takes effect on September 11, 2026. However, the introduction of the Apostille mechanism does not mean that consular certification and legalization procedures are entirely abolished.
Under Article 35, consular certification and legalization procedures will continue to apply to:
- Vietnamese public documents intended for use in countries that are not parties to the Apostille Convention;
- Documents that do not qualify as public documents or fail to meet the requirements for Apostille certification;
- Other cases falling outside the scope of the Decree.
At the same time, Article 36 provides transitional arrangements to protect the interests of document users. Accordingly, foreign public documents that were legalized by Vietnamese authorities before the Decree took effect will remain valid for use in Vietnam and will not be required to undergo Apostille certification again.
For applications for Vietnamese consular certification that were validly received before September 11, 2026 but remain unresolved, the competent authorities will continue processing them in accordance with the previous regulations. Applicants who have already received consular certification may also request Apostille certification for the relevant documents under the new regulations.
These transitional provisions are important in avoiding unnecessary costs and administrative procedures for applications initiated before the effective date of the Decree.
CONCLUSION
Overall, Decree No. 293/2026/ND-CP not only simplifies public document authentication procedures but also lays the groundwork for the digitalization of international certification, document retrieval and verification activities. Understanding the scope of application and relevant exceptions will enable individuals and businesses to prepare their documents more proactively, while minimizing additional time and costs when carrying out procedures involving foreign elements.
