Vietnam completes the accession procedures to the 1961 Hague Convention: A step forward in the recognition of Foreign Public Documents

Vietnam’s completion of the accession procedures to the Hague Convention of October 5, 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents (hereinafter referred to as the “Apostille Convention”) marks a positive development in the process of improving the legal framework governing the recognition and use of public documents in international relations. On December 31, 2025, Vietnam deposited its instrument of accession with the Ministry of Foreign Affairs of the Kingdom of the Netherlands, as the depositary of the Convention. In accordance with the mechanism set out in the Convention, the Convention will enter into force for Vietnam on September 11, 2026. At the same time, Vietnam has designated the Ministry of Foreign Affairs as the competent authority for issuing Apostilles. 

The significance of Vietnam’s accession to the Convention lies, first and foremost, in the change to the mechanism for authenticating public documents for cross-border use. Previously, a public document issued in one country, when intended to be used in another country, would generally be required to undergo consular certification and consular legalisation through multiple authorities. The Apostille Convention replaces this multi-layered mechanism with a single certification issued by the competent authority of the State in which the document is executed. Accordingly, public documents falling within the scope of the Convention will, in principle, no longer be required to undergo consular legalisation in the receiving State. This reform carries clear practical significance, as it simplifies procedures, shortens processing time, and reduces compliance costs. 

Under Article 1, the Convention does not apply to all types of documents, but only to “public documents”, including: documents emanating from an authority or an official connected with the courts or tribunals of the State; administrative documents; notarial acts; and official certificates placed on documents signed by persons in their private capacity, such as certificates recording the registration of a document, certificates evidencing that a document was in existence on a certain date, or authentications of signatures. At the same time, the Convention excludes from its scope documents executed by diplomatic or consular agents, as well as administrative documents dealing directly with commercial or customs operations. The delineation of both the scope of application and the exclusions under Article 1 is legally significant, as it provides a basis for properly identifying the categories of documents falling within the Apostille mechanism, thereby ensuring consistent application and limiting expansive interpretations beyond the intended scope of the Convention. 

Based on the above scope, the direct legal effect of Vietnam’s accession to the Convention is to change the manner in which foreign public documents are recognised in the relationship between Vietnam and the Contracting States for which the Convention is effective in relation to Vietnam. Once the Convention enters into force, public documents falling within Article 1, if duly issued with a valid Apostille in the State of origin, will no longer be required to undergo consular legalisation under the traditional mechanism in order to be used in Vietnam. Conversely, Vietnamese public documents, once issued with an Apostille, will also be more readily usable in other Contracting States. This mechanism is of particular significance in the fields of investment, corporate matters, employment, education, marriage and family, and litigation, all of which frequently give rise to the need to use public documents across borders. 

On a broader level, accession to the Convention also reflects Vietnam’s positive trajectory in aligning itself with international legal standards. This is not merely a matter of becoming a party to an additional international treaty; rather, it represents a shift from a multi-layered authentication regime to a simplified, uniform and more predictable mechanism. Following the completion of the accession procedures, the Government has also issued the implementation plan for the Convention, setting out tasks relating to the development of implementing regulations, the establishment of the Apostille issuance and management system, the creation of a database, and the gradual deployment of electronic Apostilles. This demonstrates that Vietnam is approaching the Convention from the perspective of substantive implementation, rather than merely formal accession. 

Although an Apostille does not replace all other legal requirements applicable to foreign documents, such as requirements on translation, notarisation of translations, or admissibility conditions under specialised laws, Vietnam’s accession to the Convention nevertheless constitutes a noteworthy reform. The core value of this development lies in the removal of a procedural step that has long been time-consuming and costly in the authentication of public documents. Overall, Vietnam’s completion of the accession procedures to the 1961 Hague Convention is a step in the right direction, contributing to the improvement of the legal framework on the recognition of foreign public documents and creating a more favourable foundation for cross-border relations in the time ahead. 

Date written: 20/03/2026

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