Vietnam’s Accession to the Hague Apostille Convention: Implications for Foreign Public Documents Used in IP Matters
For decades, foreign public documents intended for use in Vietnam generally had to go through a lengthy legalisation chain: notarisation or certification in the country of origin, authentication by the relevant foreign authority, and finally consular legalisation by a Vietnamese diplomatic or consular mission. For foreign IP rights holders, this process could add significant time and costs to enforcement actions and other IP proceedings, particularly where original Powers of Attorney or corporate documents were required.
Vietnam has now moved to simplify this process. On 23 July 2026, the Government issued Decree No. 293/2026/ND-CP implementing the 1961 Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (Apostille Convention). The Decree will take effect on 11 September 2026.
Beloware key changes and impacts on IP Matters:
1. Foreign public documents may no longer require consular legalisation:
The most significant change concerns foreign public documents entering Vietnam. Under Article 25 of Decree 293, where the Apostille Convention is in force between Vietnam and the country where the document was issued, a public document bearing an Apostille will be exempt from the traditional consular legalisation requirement.
This could significantly simplify the preparation of documents commonly required in IP matters, including Powers of Attorney, corporate documents, notarised documents and other public documents used to establish ownership or authority in trademark and other IP proceedings.
For example, a foreign rights holder when initiates an IP raid action or litigation in Vietnam no longer needs to have a Power of Attorney authenticated by its Ministry of Foreign Affairs and subsequently legalised by a Vietnamese Embassy or Consulate before using it in Vietnam, provided that the Power of Attorney qualifies for Apostille treatment.
2. Time and administrative costs are significantly reduced:
The Apostille mechanism replaces a multi-step legalisation process with a single certification of the document’s origin. This may substantially reduce the time, costs and courier risks associated with preparing filing-ready documents.
This allows foreign brand owners to act quickly against counterfeiters and provide authenticated evidence or authorization documents to Vietnamese authorities within tight procedural deadlines.
3. Electronic Apostilles are also recognized:
The new framework provides for electronic Apostilles (e-Apostilles), which have the same legal validity as paper Apostilles. Their authenticity can be verified through the relevant electronic system or online register of the issuing country, where available.
While this should further streamline cross-border document handling, in the initial period of implementation, it may be prudent to confirm the acceptance of e-Apostilles with the relevant Vietnamese authority before relying on them in time-sensitive IP proceedings.
4. The Apostille does not remove other document requirements:
The new mechanism does not mean that an Apostille-certified document will automatically be accepted for every purpose in Vietnam. An Apostille certifies the origin of the document, including the authenticity of the signature, capacity of the signatory and seal or stamp, but not certify the substantive content of the document.
In addition, foreign-language documents will generally still need to be accompanied by a Vietnamese notarised or certified translation, where required. The Convention also excludes certain categories of documents, including documents issued by diplomatic or consular officers and certain administrative documents relating directly to commercial or customs matters.
Most importantly, the receiving authority will continue to determine whether the document satisfies the substantive and procedural requirements applicable to the relevant proceeding.
Outlook:
The implementation of the Apostille Convention is a welcome development for foreign businesses seeking to protect and enforce their IP rights in Vietnam. In particular, it could make the preparation of Powers of Attorney and other foreign supporting documents significantly faster and less burdensome, which is particularly valuable in anti-counterfeiting actions, litigation proceedings and other time-sensitive IP matters.
However, the practical application of the new regime will need to be monitored, particularly during the initial implementation period. Rights holders should also check whether the country of origin of their documents has an applicable Apostille relationship with Vietnam and whether the particular document falls within the Convention’s scope.
The new framework is therefore likely to make cross-border IP procedures in Vietnam more efficient, but the first months of implementation will be important in determining how smoothly the new rules translate into practice.
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