WHAT IS AN APOSTILLE? IMPORTANT NOTES ON APOSTILLE PROCEDURES

As the need to use documents across borders continues to increase, document certification for use in another country has become an important requirement for procedures such as company establishment, marriage registration, studying abroad, employment and immigration. From September 11, 2026, the Hague Convention of October 5, 1961 (the Apostille Convention) officially entered into force for Vietnam. The application of this mechanism marks an important step towards simplifying administrative procedures and removing the traditional consular legalization process between Vietnam and other Contracting States.

However, not all countries and documents automatically fall within the scope of the Convention. So, what is an Apostille? How does it differ from traditional Legalisation, and what should you keep in mind when applying for this procedure?

In this article, LawPlus will explain the legal nature of Apostille certification and important technical requirements under Decree No. 293/2026/ND-CP and Circular No.12/2026/TT-BNG.

1. What Is an Apostille? What Is Its Legal Effect?

1.1. Definition of Apostille Certification

An Apostille is a certificate issued by a competent authority of Vietnam or another Contracting State to the Apostille Convention. It confirms the origin of a public document, including the authenticity of the signature, the capacity in which the person signing the document acted, the authority of the signatory, and the seal or stamp on the public document (if any).

1.2. Scope of Certification and Legal Effect

• Scope of certification: Under Article 4 of Decree No. 293/2026/ND-CP, an Apostille only confirms the origin of a public document, including its signature, seal and the capacity of the signatory. It does not certify the content or form of the public document.
• Exemption from consular legalization: Under Clause 2, Article 25 of Decree No. 293/2026/ND-CP, a valid Apostille exempts a public document from consular legalization. Individuals and businesses may use such documents directly in Vietnam without further certification. Vietnamese authorities and organizations must accept valid Apostilles. They cannot require additional consular legalization for these documents.
• Legal validity of electronic Apostilles (e-Apostilles): Under Clause 4, Article 25 of Decree No. 293/2026/ND-CP, an e-Apostille has the same legal validity as a paper Apostille. Its authenticity can be verified online through an electronic register (e-Register) or by scanning the QR code attached to the certificate.
• Relationship with notarization and certification procedures: An Apostille does not replace notarization or certification procedures under Vietnamese law. These procedures still apply when individuals or businesses use public documents in Vietnam. Applicants must also translate foreign-language public documents into Vietnamese. They must then have the translations notarized or certified in accordance with the law.

2. Which Documents Can Be Certified with an Apostille?

2.1. Vietnamese Public Documents Eligible for Apostille Certification

Under Article 10 of Decree No. 293/2026/ND-CP, public documents prepared, issued or certified by competent Vietnamese authorities, organizations or persons may be granted an Apostille for use in Contracting States. These documents fall into five main groups:

• Judicial and enforcement documents: Judgments, decisions and procedural documents issued by People’s Courts, People’s Procuracies and Investigation Authorities; decisions, records and documents issued by civil or criminal judgment enforcement authorities; and official records prepared by bailiffs or enforcement officers while performing their duties under the laws applicable at the relevant time.
• Administrative documents: Civil status documents (such as birth certificates, marriage certificates and death certificates), nationality and adoption documents; criminal record certificates; diplomas, certificates and academic records; health examination certificates, medical certificates and medical assessment conclusions; and other administrative documents issued or certified by state authorities or organizations authorized or delegated by the State to provide public services.
• Notarized documents: Contracts, transactions, translations and copies that have been notarized in accordance with the laws on notarization applicable at the relevant time.
• Certified documents: Copies made from original documents; certified signatures; certified translators’ signatures; and contracts and transactions certified in accordance with the relevant laws.
• Other public documents: Documents prepared, issued or certified by competent Vietnamese authorities, organizations or persons while performing their functions and duties in accordance with the law.

2.2. Documents NOT Eligible for Apostille Certification

Under the 1961 Hague Convention and Article 11 of Decree No. 293/2026/ND-CP, not all documents are eligible for Apostille certification. The main excluded documents include:

• Documents prepared or issued by Vietnamese diplomatic or consular officers while performing their diplomatic or consular functions.
• Administrative documents directly related to commercial or customs activities (such as commercial invoices and customs declarations). Exception: Certain commercial or customs documents that were eligible for consular certification before the Apostille Convention entered into force for Vietnam, such as Certificates of Origin (C/O) and Certificates of Free Sale (CFS), remain eligible for Apostille certification under the list published by the Ministry of Foreign Affairs.
• Documents that have not been notarized or certified and were not prepared, issued or certified by competent authorities, organizations or persons while performing their legally assigned functions or duties.
• Public documents issued by foreign authorities, organizations or persons. Vietnamese competent authorities cannot issue Apostilles for foreign public documents. Such documents must obtain an Apostille from the competent authority of the country that issued them before being brought to Vietnam for use.

2.3. Documents NOT Eligible for Apostille Due to Specific Conditions

Even if a document falls within the category of public documents, the Apostille-issuing authority may refuse to issue an Apostille if the document has any of the following technical or legal issues:

• The document has been illegally erased, altered or modified, or its contents have otherwise been falsified.
• There are grounds to believe that the document is forged, or its seal, signature or signatory’s capacity is not authentic or does not come from a competent authority.
• The public document has been declared invalid, withdrawn, revoked or determined to have been unlawfully issued.
• The public document is not permitted to be taken abroad under Vietnamese law.
• An electronic public document does not have a valid digital signature or does not meet the technical requirements under the laws on electronic transactions.

3. Scope of Application of the Apostille Convention in Vietnam

3.1. Conditions for Using Foreign Public Documents Bearing an Apostille in Vietnam

From September 11, 2026, under Decree No. 293/2026/ND-CP, public documents issued by competent authorities of Contracting States to the Apostille Convention are exempt from consular legalization and may be directly accepted and used in Vietnam, provided that all of the following conditions are met:

• Condition regarding the relationship between the countries: The country issuing the document must be a Contracting State to the Apostille Convention and must have an applicable treaty relationship with Vietnam (meaning that it has not objected to Vietnam’s accession under Article 12 of the Convention).
• Requirements regarding the form and content of the Apostille: The Apostille certificate, whether in paper or electronic form, must be issued by the competent authority of the issuing country. It must bear the French title: “Apostille (Convention de La Haye du 5 octobre 1961)” and contain all information required by the standard form under the Convention.
• Validity of e-Apostilles and verification mechanism: An electronic Apostille (e-Apostille) has the same legal validity as a paper Apostille. Vietnamese receiving authorities and organizations may independently verify its authenticity through the electronic register (e-Register) or by scanning the QR code attached to the certificate.
• Compliance with conditions for acceptance: The document must not fall within the excluded categories (such as diplomatic or consular documents and ordinary administrative documents directly related to commercial or customs activities). It must not show signs of alteration or forgery, violate Vietnam’s public policy or social morality, or bear an Apostille that has been cancelled or withdrawn by the foreign authority.
• Translation requirements: Foreign-language public documents used in Vietnam must be translated into Vietnamese, and the translations must be notarized or certified in accordance with Vietnamese law.

Note: Under Clause 3, Article 25 of Decree No. 293/2026/ND-CP, Vietnamese authorities and organizations are not allowed to require additional consular certification or legalization for public documents that already bear a valid Apostille. If there are reasonable doubts about the authenticity of a document and it cannot be verified through the e-Register, the receiving authority will send a written request to the Ministry of Foreign Affairs for assistance with verification.

3.2. Countries Having an Applicable Apostille Convention Relationship with Vietnam

As of September 11, 2026, according to published information, Vietnam has an applicable Apostille Convention relationship with 125 Contracting States and territories. However, when reviewing documents, businesses and individuals must pay attention to the following three special exceptions:

• Case 1: Countries that have officially objected to Vietnam’s accession

Under Article 12 of the Hague Convention and Clause 4, Article 5 of Decree No. 293/2026/ND-CP, although they are members of the Convention, Germany, Austria and the Czech Republic have officially objected to Vietnam’s accession. Therefore, the Apostille Convention does not apply between Vietnam and these three countries. Documents exchanged between Vietnam and these countries must still undergo traditional consular certification and legalization procedures in accordance with Decree No. 111/2011/ND-CP, as amended and supplemented by Decree No. 196/2025/ND-CP.

• Case 2: Countries that have joined the Convention but whose accession has not yet taken effect

Thailand officially acceded to the Apostille Convention on June 30, 2026. However, the Convention will only enter into force for Thailand on February 28, 2027. Therefore, before February 28, 2027, public documents exchanged between Vietnam and Thailand must still undergo consular legalization under the current regulations.

• Case 3: Dependent territories with separate declarations

Although Denmark is a Contracting State to the Convention, it declared on October 30, 2006 and October 14, 2021 that the Convention would not apply to Greenland, its autonomous territory. Therefore, public documents issued by competent authorities in Greenland, or documents intended for use in Greenland, are not covered by the Apostille mechanism.

4. Procedures for Applying for an Apostille Certificate

4.1. Preparing the Application and Identity Verification

Applicants must log in to the National Public Service Portal or the Ministry of Foreign Affairs’ Administrative Procedure Information System using an electronic identification account. They must then complete the online application and prepare all required documents in accordance with the regulations.

The application consists of one set of documents, specifically:

a) For applications submitted in person or by postal service:

• Apostille application form: Applicants must complete Form APO/TK under Circular No. 12/2026/TT-BNG. They must also upload scanned copies of the documents requiring Apostille certification. Applicants can submit these files through the National Public Service Portal or the Ministry of Foreign Affairs’ Administrative Procedure Information System.
• Original public document: Applicants must provide the original document requiring Apostille certification. They may also submit a valid notarized copy, certified copy or translation. The document must remain intact, with no separation, erasure or alteration.
• Stamped return envelope: Applicants must provide a stamped envelope with the recipient’s full address. This requirement applies when applicants submit their applications by post and request postal delivery of the results.

b) For fully online applications:

• An electronic application form completed directly on the Ministry of Foreign Affairs’ Administrative Procedure Information System using the interactive electronic form (Form APO/TKĐT).
• An electronic version of the public document for which Apostille certification is requested, bearing a valid digital signature of the issuing authority or competent person.

c) Identity verification:

• Applicants’ identities are verified through their electronic identification accounts (VNeID) on the National Public Service Portal.
• For applications submitted in person or by post, if electronic data cannot be accessed, the receiving authority will verify the applicant’s identity using personal identification documents (Citizen ID Card/Passport) or documents proving the legal status of the organization.

4.2. Choosing the Application Submission Method

a) Application submission methods

Under Articles 12 and 16 of Decree No. 293/2026/ND-CP, applicants may choose one of the following three methods:

• In person: Submit the paper application at one of the following two locations:

– In Hanoi: The Reception and Results Office of the Ministry of Foreign Affairs, at 40 Tran Phu Street, Ba Dinh Ward, Hanoi.

– In Ho Chi Minh City: The Ho Chi Minh City Department of Foreign Affairs under the Ministry of Foreign Affairs, at 6 Alexandre De Rhodes Street, Saigon Ward, Ho Chi Minh City.

• By postal service: Send the paper application through any post office within the VN-POST system (hotline: 024 3825 5948) to the Consular Department or the Ho Chi Minh City Department of Foreign Affairs.
• Online: Submit a fully online application through the National Public Service Portal or the Ministry of Foreign Affairs’ Administrative Procedure Information System.

b) Methods of receiving the results

Depending on the application submission method and the processing results, individuals and organizations may receive the results through the following methods:

• In person: Collect the results at the authority’s office according to the application receipt and appointment slip.
• By postal service: The authority will send the results to the applicant by post.
• Online: Individuals and organizations may choose their preferred method of receiving the results in accordance with the regulations on online administrative procedures.

Note: If an application does not meet the requirements for processing, the receiving office will clearly explain the reasons for refusal in the application refusal notice.

4.3. Processing Time

Under Article 17 of Decree No. 293/2026/ND-CP, the processing period starts when the authority receives a complete and valid application. The specific processing time depends on the number of documents submitted:

a) For paper applications (submitted in person or by post)

• From 01 to 04 public documents: 01 working day.
• From 05 to 09 public documents: 02 working days.
• 10 or more public documents: 04 working days.

b) For electronic applications (submitted online)

• From 01 to 04 public documents: The authority processes the application on the same working day if it receives the application before the applicable cut-off time for online administrative procedures. If the authority receives the application after that time, processing starts on the next working day.
• From 05 to 09 public documents: 01 working day.
• 10 or more public documents: 03 working days.

4.4. Apostille Certification Fees

The fee for issuing an Apostille for a Vietnamese public document is VND 30,000 per document (according to the Ministry of Foreign Affairs’ guidance published on the Public Service Portal and Article 9 of Decree No. 293/2026/ND-CP).

Payment method: Applicants must pay by bank transfer. They can scan the QR code on the application receipt and appointment slip when submitting their applications.

In addition, applicants must pay additional postal charges if they choose to submit their applications or receive the results by post.

5. Important Notes When Applying for an Apostille

To save time and costs and avoid the risk of application rejection when applying for or using documents under the Apostille mechanism, LawPlus recommends that businesses and individuals pay attention to the following five points:

• Identify the correct authority responsible for issuing the Apostille:

Vietnamese competent authorities (the Consular Department and the Ho Chi Minh City Department of Foreign Affairs) only issue Apostilles for Vietnamese public documents. For foreign public documents intended for use in Vietnam, applicants must obtain an Apostille from the competent authority of the country that issued the documents before bringing or sending them to Vietnam.

• Check whether the Apostille Convention applies:

Applicants should confirm that Vietnam and the destination country have an applicable Convention relationship. However, Germany, Austria and the Czech Republic do not apply the Apostille mechanism with Vietnam. Therefore, applicants must follow the traditional consular legalization process for documents exchanged between these countries and Vietnam.

• Pay attention to the validity period of the Apostille:

An Apostille itself does not have an expiry date. However, the validity of the documents for use will depend on the validity period of the original public document (such as a criminal record certificate, certificate of marital status or health certificate) or the specific document submission requirements of the receiving authority (usually within 03 to 06 months).

• Ensure proper notarization or certification of translations:

• Proactively verify e-Apostilles online:

For electronic Apostille certificates, applicants should scan the QR code or access the electronic register (e-Register) of the issuing country to check the authenticity and validity status of the certificate before submitting it to the competent authority.

The entry into force of the Apostille Convention for Vietnam, together with the issuance of Decree No. 293/2026/ND-CP and Circular No. 12/2026/TT-BNG, marks an important step in international integration and helps reduce administrative barriers in cross-border transactions. Understanding the regulations on eligible documents, scope of application and procedures will help businesses and individuals better protect their legitimate rights and interests.

If you encounter difficulties when applying for an Apostille certificate, LawPlus’s team of legal professionals is always ready to support you and provide comprehensive legal solutions tailored to your specific needs.