As far as we know Vietnam is not a party to the Apostille Convention, so documents are notarised in Vietnam, legalised by the Consular Department of the Ministry of Foreign Affairs or the Ho Chi Minh City Department of Foreign Affairs, and then attested by the Indian Embassy or Consulate. Vietnamese companies can usually invest in India under the automatic route. Vietnam is not a reciprocating territory, and India and Vietnam have a tax treaty.
- Document route
- Vietnamese notary, Ministry of Foreign Affairs legalisation, then Indian mission attestation
- Time difference
- IST is 1h30 behind Vietnam all year
- Foreign judgments in India
- Not reciprocating: fresh suit
- Apostille with India
- Not in force as far as known: consular legalisation (check current status)
Indians in Vietnam and Vietnamese business with India
The Indian community in Vietnam has grown quickly, with professionals in IT, engineering, pharmaceuticals, textiles and hospitality, and traders in Ho Chi Minh City's older Indian quarter. Vietnamese companies export electronics, seafood, coffee, cashew, textiles and steel to India, and buy cotton, pharmaceuticals and machinery. A number of Vietnamese businesses are now setting up Indian subsidiaries and joint ventures, and Indian companies are building factories in Vietnam.
We help Vietnamese and Indian clients with Indian company setup, supply and distribution contracts, powers of attorney, buying and selling property in India, registration of Indian and Vietnamese marriages, and recovering money from Indian buyers.
Signing documents in Vietnam for use in India
Vietnam is not, as far as we are aware, a party to the Hague Apostille Convention, so documents follow the consular legalisation route. Confirm the current position with us before you sign. The usual chain is:
- Sign before a notary office in Vietnam, or have the signature certified by the local People's Committee, with your passport.
- Have the document legalised by the Consular Department of the Ministry of Foreign Affairs in Hanoi or the Department of Foreign Affairs in Ho Chi Minh City.
- Have it attested by the Embassy of India in Hanoi or the Consulate General in Ho Chi Minh City, then courier it to India and stamp it within three months.
Indian citizens can usually sign directly before the Indian consular officer. Documents in Vietnamese need a certified English translation, which is often done in Vietnam before legalisation.
Most requested services from Vietnam
These six services cover most of what people and businesses in Vietnam need from an Indian lawyer. Each page explains the route from Vietnam, including notarisation, legalisation and Indian mission attestation, and what then happens in India.
Power of Attorney
A power legalised in Vietnam and attested by the Indian mission lets someone in India act for you.
Company Setup for Foreigners
Vietnamese companies set up Indian subsidiaries, usually under the automatic route.
Commercial Contracts
Supply, distribution and manufacturing contracts with Indian partners, with enforceable arbitration.
Buying & Selling Property
Indians working in Vietnam buy and sell homes in India through an attorney holder.
Marriage Registration
Indian and Vietnamese couples register their marriage for visas, OCI and property.
Money Recovery from India
Vietnamese exporters recover unpaid invoices and dishonoured cheques from Indian buyers.
Vietnamese investment in India
Vietnam does not share a land border with India, so a Vietnamese company can usually own up to 100 percent of an Indian company under the automatic route, subject to sectoral caps and conditions. The Indian company must report the investment to the RBI in Form FC-GPR within 30 days of allotting shares, and comply with the Companies Act, GST and transfer pricing rules for dealings with the Vietnamese parent. We also advise Vietnamese exporters on the India and ASEAN trade agreement and rules of origin, which often decide whether goods qualify for lower duty.
The India and Vietnam tax treaty and moving money
India and Vietnam have a double taxation avoidance agreement in force since 1994. Vietnamese tax residents can claim treaty rates on Indian dividends, interest, royalties and fees with a tax residence certificate and Form 10F. NRIs in Vietnam can repatriate up to USD 1 million per financial year from an NRO account after tax, and NRE balances are freely repatriable. Vietnamese citizens who are not of Indian origin generally cannot buy property in India, but can lease it.
Vietnamese judgments, contracts and family matters
Vietnam has not been notified as a reciprocating territory under section 44A of the Code of Civil Procedure, so a Vietnamese judgment can only found a fresh suit in India. Vietnam is a party to the New York Convention, so an arbitration clause, for example with a seat in Singapore, Hanoi or India, is the better choice for contracts. Marriages between Indian and Vietnamese partners are recognised in India if valid where performed; we advise on registration in India and OCI for the Vietnamese spouse after two years of marriage.
All services for clients in Vietnam
NRI Property Law
- Property Disputes
- Encroachment & Illegal Possession
- Partition of Family Property
- Buying & Selling Property
- Title Search & Due Diligence
- Tenant Eviction
- Builder Delay & RERA
Inheritance & Documents
Cross-Border Family Law
- Divorce for NRIs
- International Child Custody
- Maintenance & Alimony
- Marriage Registration
- 498A & Dowry Case Defence
- OCI Card Issues
Doing Business in India
- Company Setup for Foreigners
- Indian Subsidiary Setup
- Branch & Liaison Office
- FDI & FEMA Compliance
- Trademark Protection in India
- Commercial Contracts
- Employment Law for Foreign Employers
- GST for Foreign Businesses
- Investing in Indian Startups
- Legal Advisory for NRI Investors
Disputes & Enforcement
- International Arbitration
- Enforcing Foreign Judgments
- Money Recovery from India
- Shareholder Disputes & NCLT
- Accident Compensation Claims
- Cyber & Investment Fraud
- Criminal Defence & Look Out Circulars
Cross-Border Tax & Money
Indian missions in Vietnam
The Embassy in Hanoi and the Consulate General in Ho Chi Minh City provide passport, OCI and attestation services.
- Embassy of India, Hanoi
- Consulate General of India, Ho Chi Minh City
Frequently asked questions
Does Vietnam issue apostilles for documents going to India?
As far as we know Vietnam is not a party to the Apostille Convention, so documents are legalised in Vietnam and attested by the Indian mission.
Can a Vietnamese company own 100 percent of an Indian company?
In most sectors yes, under the automatic route, subject to caps and RBI reporting.
Can I sign a power of attorney at the Consulate in Ho Chi Minh City?
Usually yes for Indian passport holders; book the consular slot first.
Can a Vietnamese court judgment be enforced in India?
Not directly. Vietnam is not a reciprocating territory, so a fresh suit is needed.
Is there a tax treaty between India and Vietnam?
Yes, in force since 1994, which can reduce Indian tax on some income.
Can my Vietnamese spouse get an OCI card?
Usually yes, after the marriage has been registered and has lasted two years.
Do Vietnamese documents need translation?
Yes, a certified English translation is needed for Indian offices.
How do we communicate?
Mostly by WhatsApp and email, with video calls for advice. Vietnam is 1 hour 30 minutes ahead of India.