Circular 12/2026/TT-BNG responsible agencies, decentralization of competence, and Apostille issuance forms

CIRCULAR

On responsible agencies, decentralization of competence, and forms used in the issuance of Apostilles

Pursuant to the Law on Organization of the Government No. 63/2025/QH15, amended and supplemented under Law No. 137/2024/QH15;

Pursuant to the Law on Organization of Local Administration No. 72/2025/QH15;

Pursuant to the Government’s Decree No. 293/2026/ND-CP providing guidance on the implementation of the Hague Convention dated October 05, 1961, abolishing the requirement of legalisation for foreign public documents (Apostille Convention);

Pursuant to the Government’s Decree No. 306/2026/ND-CP defining the functions, tasks, powers and organizational structure of the Ministry of Foreign Affairs;

At the proposal of the Director General of the Consular Department;

The Minister of Foreign Affairs hereby promulgates the Circular on responsible agencies, decentralization of competence, and forms used in the issuance of Apostilles.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Circular provides regulations on the matter assigned under Clauses 1 and 3, Article 6; Point a, Clause 1, Article 12; Clause 1, Article 16; Clause 4, Article 20; and Clause 4, Article 30 of the Government’s Decree No. 293/2026/ND-CP providing guidance on the implementation of the Hague Convention dated October 05, 1961, abolishing the requirement of legalisation for foreign public documents (Apostille Convention) (hereinafter referred to as Decree No. 293/2026/ND-CP), including agencies responsible for issuing Apostilles; criteria, conditions, and roadmap for decentralizing the competence to issue Apostilles to People’s Committees of provinces and centrally run cities (hereinafter referred to as provincial-level People’s Committees), and responsibilities of provincial-level People’s Committees to which such competence is decentralized; forms used in the issuance of Apostilles; and the presentation of the form of Apostille.

2. This Circular applies to the Consular Department, the Department of Foreign Affairs of Ho Chi Minh City, provincial-level People’s Committees to which competence is decentralized, and agencies, organizations, and individuals involved in the issuance and management of Apostilles.

Article 2. Agencies responsible for issuing Apostilles

1. The Consular Department and the Department of Foreign Affairs of Ho Chi Minh City are the agencies responsible for issuing Apostilles under Clause 1, Article 6 of Decree No. 293/2026/ND-CP (hereinafter referred to as Apostille-issuing agencies).

2. The geographical areas of operation and professional support between the Consular Department and the Department of Foreign Affairs of Ho Chi Minh City shall comply with the assignment of the Minister of Foreign Affairs, ensuring convenience for organizations and individuals and continuity in the issuance of Apostilles.

3. The specialized agency under a provincial-level People’s Committee whose head is authorized under Clause 1, Article 7 of this Circular shall be the local Apostille-issuing agency from the date on which it officially begins exercising the decentralized competence specified in Clause 3, Article 7 of this Circular.

Article 3. Principle of decentralization

1. To ensure the unified management by the Ministry of Foreign Affairs of the issuance and management of Apostilles; ensure the full performance of Vietnam’s obligations under the Apostille Convention; and ensure that Apostilles issued by all Apostille-issuing agencies of Vietnam have equal legal validity and are updated, searched, and verified on the information system serving the issuance and management of Apostilles (hereinafter referred to as the Apostille Information System) in accordance with Articles 20 and 21 of Decree No. 293/2026/ND-CP.

2. To ensure that decentralization is appropriate to the capacity and implementation conditions of each locality; is implemented according to a roadmap; and is associated with the assurance of implementation conditions and the requirement to improve the efficiency of administrative procedure processing.

3. To ensure that decentralization is accompanied by the responsibility of the agency to which competence is decentralized; enhance accountability; and establish mechanisms for inspection, supervision, and compliance with the law on decentralization and authorization during implementation.

Chapter II

CRITERIA, CONDITIONS, AND ROADMAP FOR DECENTRALIZING THE COMPETENCE TO ISSUE APOSTILLES TO PROVINCIAL-LEVEL PEOPLE’S COMMITTEES

Article 4. Decentralization criteria

1. The decentralization of the competence to issue Apostilles to a provincial-level People’s Committee shall be considered based on the following criteria:

a) There is an actual demand for the issuance of Apostilles in the locality, taking into account the number of dossiers arising, the needs of agencies, organizations, and individuals, and geographical conditions, at a level that ensures the efficient use of allocated resources;

b) The locality has the organizational capacity for implementation, including an organizational apparatus, personnel, physical facilities, technical infrastructure, and professional processes satisfying the conditions specified in Article 5 of this Circular;

c) The results of inspection and supervision by competent agencies regarding the performance of decentralized duties in the consular field satisfy the requirements.

2. Priority shall be given to considering decentralization to provincial-level People’s Committees that have been decentralized and have stably exercised the full competence to process consular certification and consular legalization procedures in accordance with the Minister of Foreign Affairs’ regulations, without committing any violation affecting the authenticity of documents or diminishing the confidence of foreign competent authorities in documents certified by Vietnamese competent agencies.

Article 5. Conditions for exercising the decentralized competence

A provincial-level People’s Committee to which competence is decentralized shall ensure the following conditions throughout the exercise of such competence:

1. Regarding personnel and competence to sign Apostilles:

a) Assign sufficient cadres, civil servants, public employees, and staff to receive and process dossiers and deliver results of Apostille issuance; and establish a backup personnel plan to ensure uninterrupted procedure processing;

b) Ensure that Apostilles are signed by competent persons as prescribed;

c) Persons signing Apostilles must complete the professional training program on Apostille issuance organized by the Consular Department.

2. Regarding professional capacity: Cadres, civil servants, public employees, and staff performing the duties must have the capacity to process dossiers; possess skills in examining and cross-checking specimens of seals and signatures and official titles, and detecting forged documents; and be proficient in using the Apostille Information System and relevant professional software.

3. Regarding technical infrastructure and data connectivity: Ensure the availability of equipment serving the issuance of Apostilles; connect to and utilize the Apostille Information System; and fully and promptly update information on issued Apostilles in the Digital Apostille Data Repository in accordance with Decree No. 293/2026/ND-CP.

4. Regarding cybersecurity and data protection: Comply with the law on cybersecurity, the law on data, and the law on personal data protection during the receipt and processing of dossiers and the management of Apostille data.

5. Regarding the management of professional supplies: Strictly manage blank forms and printed materials serving the issuance of paper Apostilles (if any) in accordance with the guidance of the Consular Department.

Article 6. Roadmap for decentralization and procedures for consideration and decision

1. The competence to issue Apostilles shall be decentralized to provincial-level People’s Committees according to a roadmap from 2027 to 2030, in conformity with the Plan for Implementation of the Apostille Convention approved by the Prime Minister under Decision No. 330/QD-TTg dated February 25, 2026, approving the Plan for Implementation of the Hague Convention of October 05, 1961, Abolishing the Requirement of Legalisation for Foreign Public Documents (Apostille Convention), after the issuance of Apostilles by the agencies specified in Clause 1, Article 2 of this Circular has become stable.

2. The procedures for considering and deciding on decentralization shall be as follows:

a) The provincial-level People’s Committee shall submit a written proposal to the Ministry of Foreign Affairs, accompanied by a report assessing its satisfaction of the criteria specified in Article 4 and the conditions specified in Article 5 of this Circular;

b) The Consular Department shall assume the prime responsibility for, and coordinate with relevant units in, assessing the locality’s proposal and reporting to the Minister of Foreign Affairs for consideration and decision on decentralization on a phase-by-phase basis.

3. The decentralization, adjustment, restriction, termination, or expansion of the application of the decentralized competence to issue Apostilles to provincial-level People’s Committees shall be effected by a legal document promulgated by the Minister of Foreign Affairs, based on the criteria specified in Article 4, satisfaction of the conditions specified in Article 5 of this Circular, and inspection and supervision results. The list of Apostille-issuing agencies and the scope and commencement date for exercising such competence shall be posted in accordance with Clause 4, Article 7 of this Circular.

Article 7. Exercise of decentralized competence

1. A provincial-level People’s Committee to which competence is decentralized may authorize the head of a specialized agency under the provincial-level People’s Committee to perform the decentralized duties in accordance with the law on organization of local administration. Such authorization shall neither alter the competence of the agency to which competence is decentralized nor be regarded as further decentralization of competence.

2. After the Consular Department confirms the completion of the connection by the specialized agency whose head is authorized to the Apostille Information System, such specialized agency shall send the Consular Department a written notice introducing its seal specimen and the specimen signatures and official titles of the persons competent to sign Apostilles, so that the Ministry of Foreign Affairs may provide notification in accordance with Clause 2, Article 6 of Decree No. 293/2026/ND-CP and update such information on the Apostille Information System.

3. The decentralized competence shall be officially exercised after 20 days from the date on which the Consular Department receives the written notice specified in Clause 2 of this Article.

4. From the time specified in Clause 3 of this Article, the provincial-level People’s Committee shall publicly post a notice on its portal and at the dossier-receiving location; the Consular Department shall post the list of Apostille-issuing agencies and the scope and commencement date for exercising such competence on the Ministry of Foreign Affairs’ portal.

Article 8. Responsibilities of the decentralized provincial-level People's Committees

1. To issue written authorizations; direct, monitor, guide, and inspect the performance of authorized duties; ensure the conditions for exercising decentralized competence; and bear responsibility in accordance with Clause 3, Article 14 of the Law on Organization of Local Administration No. 72/2025/QH15.

2. To ensure personnel, funds, and physical facilities and maintain the conditions specified in Article 5 of this Circular throughout the exercise of decentralized competence; and promptly report to the Ministry of Foreign Affairs when such conditions cannot be ensured.

3. To organize the issuance of Apostilles in accordance with the order and procedures specified in Decree No. 293/2026/ND-CP; fully, promptly, and accurately update information on issued Apostilles on the Apostille Information System; and submit annual periodic reports and ad hoc reports at the request of the Ministry of Foreign Affairs.

4. To direct the specialized agency whose head is authorized to coordinate with the Consular Department in verifying Apostilles and processing requests for assistance in verifying public documents in accordance with Decree No. 293/2026/ND-CP.

Chapter III

FORMS AND PRESENTATION OF THE FORM OF APOSTILLE

Article 9. Promulgation of forms

The following 4 forms used in the issuance of Apostilles are promulgated together with this Circular:

1. Application for Apostille (Form APO/TK);

2. Contents of the interactive electronic application form for Apostille (Form APO/TKDT);

3. Paper Apostille (Form APO/CN);

4. Contents of e-Apostille (Form APO/CNDT).

Article 10. Presentation of the form of Apostille

1. A paper Apostille shall be presented according to Form APO/CN to this Circular, contain all contents specified in Clauses 1 and 2, Article 20 of Decree No. 293/2026/ND-CP, and conform to the model certificate annexed to the Convention.

2. An e-Apostille shall be presented according to Form APO/CNDT to this Circular and satisfy the additional technical requirements specified in Clause 3, Article 20 of Decree No. 293/2026/ND-CP. The integration of a QR code for online search and verification through the e-Register shall be implemented according to the operational roadmap of the Apostille Information System specified in Clause 4, Article 36 of Decree No. 293/2026/ND-CP.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 11. Effect

This Circular takes effect from September 11, 2026.

Article 12. Responsibility for implementation

1. The Director General of the Consular Department, the Director of the Department of Foreign Affairs of Ho Chi Minh City, chairpersons of provincial-level People’s Committees to which competence is decentralized, and related agencies, organizations, and individuals shall implement this Circular.

2. Any difficulties and problems arising in the course of implementation should be reported to the Consular Department for guidance and settlement./.