
Product Self-Declaration: Avoid Common Compliance Mistakes (2026)
September 4, 2026
Legal Representative in Vietnam: Requirements, Powers and Responsibilities
October 1, 2026From September 11, 2026, the Apostille Convention officially takes effect in Vietnam, bringing significant changes to the way foreign public documents are used in the country. Businesses involved in investment, commercial activities, or legal procedures with foreign elements should understand the new framework to prepare documents correctly, choose the appropriate authentication process, and reduce potential delays when their applications are reviewed by Vietnamese authorities.
What Is the Apostille Convention?
The Apostille Convention is the commonly used name for the Hague Convention of October 5, 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents. Its purpose is to simplify the use of public documents between countries where the Convention applies in their mutual relations.
Instead of going through the traditional chain of certification and consular legalization procedures, a public document that falls within the scope of the Convention may be issued with an Apostille by a competent authority in the country where the document originates.
An Apostille certifies the origin of a public document. More specifically, it authenticates the signature on the document, the capacity and authority in which the person signing the document has acted, and, where applicable, the identity of the seal or stamp appearing on the document.
Businesses should clearly understand that an Apostille does not certify the content of the underlying document. The fact that a document carries a valid Apostille does not mean that the issuing authority has verified or approved all information, figures, statements, or professional content contained in that document.
This distinction becomes particularly important when foreign documents are submitted for specialized administrative procedures. Vietnamese authorities may still examine the substance of the document, the required components of the application, and any sector-specific conditions applicable to the relevant procedure.
How Can Apostilled Documents Be Used in Vietnam from September 11, 2026?
One of the most significant changes for businesses concerns the way public documents issued abroad are authenticated for use in Vietnam.
Once the Convention takes effect for Vietnam, a public document issued in a member country where the Convention applies in relation to Vietnam may be used in Vietnam without undergoing an additional consular legalization procedure, provided that the document falls within the scope of the Convention and carries a valid Apostille.
In practical terms, the Apostille replaces a stage of consular authentication that has traditionally added time and administrative work to the preparation of cross-border documentation.
For example, where a public document originates from a country with which Vietnam has an applicable Convention relationship, the business should first determine whether the document falls within the scope of the Convention. If it does, an Apostille can be obtained from the competent authority in the country of origin. Once a valid Apostille has been issued, the document does not need to be submitted to a Vietnamese diplomatic or consular mission for further legalization solely for the purpose of authenticating its origin.
This does not mean, however, that every other requirement applicable to a foreign document is automatically waived. The Apostille addresses the authentication of the document’s origin. Separate requirements concerning translation, document content, validity periods, or sector-specific regulations must still be considered according to the particular procedure in Vietnam.
Not Every Member Country Automatically Has an Apostille Relationship with Vietnam
Membership in the Apostille Convention alone is not sufficient to conclude that a document from a particular country can automatically be used under the Apostille mechanism in Vietnam.
Businesses must also determine whether the Convention is in force between Vietnam and the country where the document was issued. Before asking an overseas partner, manufacturer, parent company, or other party to obtain an Apostille, businesses should therefore verify the country of origin, whether the document falls within the scope of the Convention, and whether an applicable Convention relationship exists between that country and Vietnam.
According to implementation notices issued by Vietnamese representative authorities following September 11, 2026, there remain countries or territories for which the Convention does not apply in relation to Vietnam. Documents originating from those jurisdictions cannot simply be Apostilled and then automatically accepted for use in Vietnam. The applicable certification and consular legalization procedures must continue to be followed.
Country-by-country verification is particularly important for businesses that regularly receive documents from different markets. A procedure that works for documents issued in one country should not automatically be assumed to apply in exactly the same way to documents originating elsewhere.
Which Documents Still Require Consular Legalization?
The Apostille Convention simplifies document authentication, but it does not completely eliminate consular legalization.
Certain documents fall outside the scope of the Convention and must continue to be processed under the applicable rules on consular certification and legalization. These include documents executed by diplomatic or consular agents, as well as administrative documents dealing directly with commercial or customs operations.
Likewise, documents originating from a country or territory where the Convention does not apply in relation to Vietnam do not qualify for exemption from consular legalization merely because an Apostille is available or has been attached to the document.
For this reason, when reviewing a foreign document, businesses should not begin with the question, “Does this country issue Apostilles?” A more reliable assessment considers the country of origin, type of document, intended use in Vietnam, and whether the Convention applies between the relevant country and Vietnam.
This is particularly important for investment applications, licensing documents, import-related dossiers, and other specialized regulatory submissions. Each document should be assessed individually rather than applying one authentication process to an entire set of documents.
Do Apostilled Documents in a Foreign Language Still Need to Be Translated into Vietnamese?
Having an Apostille does not exempt a business from language requirements when a foreign document is used in Vietnam. If a public document is prepared in a language other than Vietnamese, it must still be accompanied by a Vietnamese translation that is notarized or certified in accordance with Vietnamese law, unless otherwise provided by applicable regulations.
This requirement follows from the specific function of an Apostille. The Apostille authenticates the origin of the public document; it neither replaces the translation nor certifies the accuracy or substance of that translation.
In practice, businesses should treat authentication and translation as two separate issues. The first step is to determine whether the document requires an Apostille or consular legalization. The next step is to check the translation, notarization, or certification requirements applicable to the specific procedure in Vietnam.
Keeping these requirements separate helps prevent situations in which a document has been properly authenticated abroad but still cannot be included in a Vietnamese application because the translation or certification requirements have not yet been satisfied.
How Will Electronic Apostilles and Online Verification Be Applied?
The new regulatory framework provides a foundation for greater use of electronic methods in issuing, managing, and verifying Apostilles.
The system is designed to support the future issuance of electronic Apostilles, operation of an electronic register, and integration of QR codes into Apostille certificates. Once these components become operational, authorities, organizations, and document users will have more convenient ways to access and verify Apostille information electronically.
Businesses should note, however, that electronic Apostilles are being introduced according to the implementation schedule of Vietnam’s Apostille Information System. The entire electronic mechanism should therefore not be understood as becoming fully operational automatically on September 11, 2026.
Until the Apostille Information System is officially put into operation, Vietnam’s competent authorities will issue Apostilles in paper form in accordance with the applicable regulations.
Electronic Apostille issuance, operation of the electronic register, QR code integration, and fully online processing will be implemented once the information system becomes operational.
For foreign Apostilles submitted for use in Vietnam, the method available for checking their authenticity may also depend on the verification system and facilities provided by the country that issued the Apostille.
A Valid Apostille Does Not Guarantee Acceptance in Every Application
An Apostille is only one part of determining whether a foreign document can be accepted for a particular purpose in Vietnam.
The receiving authority may still need to verify whether the Apostille was issued by a competent authority, whether the certificate itself is valid, whether the underlying document falls within the scope of the Convention, and whether there are any signs of unauthorized alteration or forgery. Authorities may also consider whether the Apostille has been cancelled or revoked.
Once its origin has been properly authenticated, the document must still satisfy the requirements of the administrative or regulatory procedure for which it is being submitted.
For example, a document may be properly authenticated but still fail to satisfy a specialized application requirement because mandatory information is missing, its prescribed validity period has expired, or it does not meet the form or substantive requirements imposed by the relevant authority.
In other words, an Apostille authenticates the origin of a public document; it does not replace the assessment of whether that document is legally and procedurally suitable for a particular application.
Do Documents Legalized Before September 11, 2026 Need to Be Apostilled Again?
Businesses holding documents that completed consular legalization before the Convention took effect in Vietnam are not automatically required to start the authentication process again.
Public documents that were legalized through the consular channel before September 11, 2026 may continue to be used in Vietnam without being reprocessed under the Apostille procedure.
Notably, an Apostille issued by a competent foreign authority before September 11, 2026 may also be accepted and used in Vietnam if it satisfies the applicable conditions.
These transitional arrangements help businesses avoid having to repeat authentication procedures for documents that had already completed the necessary formalities before the new framework took effect.
For applications requesting consular certification of Vietnamese public documents that were validly received before the effective date of the new Decree but had not yet been resolved, processing will continue under the regulations governing consular certification and consular legalization.
What Should Businesses Check Before Using Foreign Documents in Vietnam?
From September 11, 2026, businesses should move away from the assumption that every foreign document must automatically undergo consular legalization. At the same time, they should avoid the opposite assumption that obtaining an Apostille is sufficient in every case.
A proper review should begin with the origin of the document. Businesses should first identify the country where the document was issued and determine whether the Convention applies between that country and Vietnam at the time the document is intended to be used.
The next step is to determine whether the document qualifies as a public document within the scope of the Convention, which authority is competent to issue the Apostille, and whether the Apostille has been issued in accordance with the applicable requirements.
Once the document is brought to Vietnam, the business should separately review Vietnamese translation requirements, notarization or certification of the translation, and, most importantly, any additional conditions imposed by the specific regulatory procedure.
This layered review is particularly useful where documentation must be coordinated among a Vietnamese company, an overseas manufacturer, a foreign parent company, or an international business partner.
If the authentication route is incorrectly determined at the beginning, the original document may have to be sent overseas again for additional processing, potentially causing substantial delays in completing the application in Vietnam.
Two Important Dates for the Apostille Convention in Vietnam
On July 23, 2026, the Government of Vietnam issued Decree No. 293/2026/ND-CP providing guidance for the implementation of the Hague Convention of October 5, 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents.
On September 11, 2026, the Decree officially takes effect, and the Apostille Convention also enters into force for Vietnam. From this date, the Apostille mechanism applies to public documents falling within the scope of the Convention between Vietnam and member countries where the Convention applies in their mutual relations.
This development is particularly significant for businesses that regularly handle foreign documentation, as many eligible documents no longer need to go through the traditional consular legalization process.
The potential time savings, however, can only be achieved when businesses correctly identify from the outset which documents qualify for the Apostille procedure and which must continue to follow the conventional consular route.
Conclusion
The Apostille Convention provides a more streamlined framework for using foreign public documents in Vietnam, but businesses must still determine the correct scope and requirements for each case. Preparing documents properly from the outset can reduce unnecessary procedures and prevent delays in legal and regulatory applications. If your business is unsure whether a document requires an Apostille or consular legalization, Green NRJ can review your documentation, advise on the appropriate procedure, and support you throughout the document preparation process.




