Under Decree No. 293/2026/ND-CP what are the requirements for issuing Apostilles and the order of priority for applying the relevant forms of certification?
On July 23, 2026, the Government of Vietnam promulgated Decree No. 293/2026/ND-CP providing guidelines for implementing the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (the Apostille Convention).
According to the Decree, the requirements for issuing Apostilles and the order of priority for applying the relevant forms of certification are prescribed as follows:
- A Vietnamese public document shall be issued an Apostille at the request of an authority, organization, or individual for use in a Contracting State in relation to which the Apostille Convention is in force for Vietnam.
An Apostille is not mandatory if the public document is exempt from certification or authentication, or if such certification or authentication is not required under an international treaty to which the Socialist Republic of Vietnam is a contracting party or under the laws or practices applicable in the country where the document is to be used.
The issuance of an Apostille does not replace notarization or authentication required by law where the public document is used in Vietnam.
- To be used in Vietnam, a public document issued by a Contracting State in relation to which the Apostille Convention is in force for Vietnam must be issued an Apostille, except where the document is refused under Article 26 of Decree No. 293/2026/ND-CP or where an international treaty to which the Socialist Republic of Vietnam is a contracting party or Vietnamese laws and practices exempt that type of document from consular legalization or other certification procedures, or do not require such procedures.
- Vietnamese public documents intended for use abroad and foreign public documents intended for use in Vietnam shall be certified in one of the following forms:
+ Apostille certification under Decree No. 293/2026/ND-CP applicable to public documents circulated between Vietnam and a Contracting State in relation to which the Apostille Convention is in force for Vietnam;
+ Consular certification or consular legalization under the law on consular certification and consular legalization, applicable to public documents circulated between Vietnam and a country that is not a Contracting State to the Apostille Convention;
+ Where an international treaty to which the Socialist Republic of Vietnam is a contracting party provides for simpler procedures or exempts public documents from certification or authentication requirements, the provisions of that treaty shall prevail.
A public document that has undergone consular certification or consular legalization may still be issued an Apostille for use in a Contracting State in relation to which the Apostille Convention is in force for Vietnam, and vice versa.
- Where a Contracting State objects to Vietnam’s accession to the Apostille Convention, or Vietnam objects to that State’s accession, in accordance with Article 12 of the Convention, the Convention shall not take effect between the two countries. Public documents circulated between them shall be processed in accordance with Point b Clause 3 Article 5 of Decree No. 293/2026/ND-CP.
See more details in Decree No. 293/2026/ND-CP effective as of September 11, 2026.
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