VIETNAM INTRODUCES REFORMS TO CONSULAR LEGALIZATION PROCEDURES: ACCESSION TO THE APOSTILLE CONVENTION AND DIGITALIZATION OF ADMINISTRATIVE PROCESSES

1. Background

For many years, foreign documents intended for use in Vietnam have been required to undergo consular legalization procedures in order to be recognized as legally valid. This process typically involves multiple steps handled by different authorities in both the issuing country and Vietnam, often resulting in lengthy processing times.

As a result, consular legalization procedures may significantly increase administrative costs and delay the preparation of documentation for businesses, investors, and individuals involved in cross-border activities.

Recently, Vietnam has introduced important reforms aimed at modernizing and simplifying these procedures, including:

• Vietnam’s accession to the 1961 Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (the “Apostille Convention”); and

• Amendments to regulations on consular certification and consular legalization under Decree No. 196/2025/ND-CP (“Decree 196”).

  
  

These developments are expected to substantially reduce administrative burdens for businesses and investors engaging in international transactions.

2. Accession to the Apostille Convention – Simplifying Document Authentication

A significant development in Vietnam’s regulatory framework is its accession to the Apostille Convention. The Convention will enter into force for Vietnam on 11 September 2026, provided that no member state raises an objection to Vietnam’s accession.

The Apostille Convention establishes a simplified method for authenticating public documents for use in other member states through the issuance of an Apostille certificate by a competent authority in the country of origin.

Under this mechanism, the authentication process generally includes the following steps:

• Step 1: Notarization or certification of the document, where required depending on the type of document.

• Step 2: Issuance of an Apostille certificate by the competent authority in the country of origin.

• Step 3: Use of the document in another member state of the Apostille Convention, subject to any translation or formatting requirements imposed by the receiving country.

  
  

Compared with traditional consular legalization procedures, the Apostille mechanism offers several notable advantages:

Criteria	Traditional Consular Legalization	Apostille Procedure
Number of steps	Multiple steps involving authorities in both the issuing and receiving countries	Usually a single step: issuance of an Apostille certificate
Authorities involved	Diplomatic or consular authorities of both countries	Competent authority of the country of origin
Processing time	Often longer due to involvement of authorities in multiple jurisdictions	Generally faster
Costs	Higher administrative and international courier costs	Lower costs; courier services may not be required when an e-Apostille is used

Vietnam’s participation in the Apostille Convention is expected to significantly simplify the use of documents between Vietnam and other member states.

The reform will be particularly beneficial for activities such as international education, employment, immigration, cross-border investment, and international business cooperation, especially since many of Vietnam’s key economic partners – including the European Union, the United States, Japan, South Korea, and Singapore – are already members of the Convention.

3. Issuance of Decree No. 196/2025/ND-CP – Modernizing consular legalization procedures

In addition to joining the Apostille Convention, the Vietnamese Government has issued Decree No. 196/2025/ND-CP to modernize procedures relating to consular certification and consular legalization.

Effective from 3 August 2025, the decree allows certain consular procedures to be conducted through electronic platforms, including:

• Online submission and processing of applications through electronic systems; and

• Gradual development of centralized databases and electronic management systems for consular certification activities, enabling the reuse of processed data in other administrative procedures.

  
  

The digitalization of these procedures is expected to:

• reduce document processing time;

• enhance transparency in administrative procedures; and

• enable organizations and individuals to complete procedures remotely.

  
  

For businesses operating internationally, these changes may significantly reduce administrative costs and streamline document preparation processes.

4. Implications for Investors and Businesses

These reforms are expected to generate several positive impacts for cross-border investment and commercial activities.

Reduced costs and processing time

Simplified authentication procedures and the introduction of electronic processing mechanisms are expected to significantly reduce both the time and costs associated with preparing documents for international use.

Improved predictability of procedures

A streamlined process involving fewer authorities allows businesses and investors to better anticipate timelines for document authentication procedures.

Facilitation of cross-border transactions

The simplification and digitalization of consular procedures are expected to facilitate the exchange and use of official documents between Vietnam and other jurisdictions, thereby supporting international trade and investment.

5. Key Considerations During the Transition Period

Despite these positive developments, investors and businesses should be aware of several important considerations during the transition period.

• Transition period (until September 2026)Until the Apostille Convention becomes effective for Vietnam, the traditional consular legalization procedure remains applicable. However, businesses and investors are encouraged to utilize the online public services introduced under Decree 196 where available.

  
  

• Scope of application of the Apostille ConventionThe Apostille Convention applies only to public documents, including documents issued by government authorities, judicial documents, and certain notarized documents. Not all documents fall within the scope of the Convention.

  
  

• Verification of member state statusOnce the Apostille Convention takes effect for Vietnam, parties should verify whether the receiving country is also a member of the Convention in order to benefit from the Apostille mechanism.

  
  

• Translation and document format requirements

An Apostille certificate only confirms the authenticity of the signature and seal on a document. It does not replace requirements relating to notarized translation into Vietnamese or other formal requirements under Vietnamese law. Investors must therefore ensure that their documents comply with the required format and documentation standards before submission to the competent authorities in Vietnam.

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Article: Prepared by LLVN.

Image: LLVN

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