On March 8, 2023, the Chinese ambassador to the Netherlands submitted China’s instrument of accession to the Apostille Convention of October 5, 1961. Abolishing the requirement of legalization for Foreign Public Documents (Apostille Convention). The Apostille Convention will come into force in China on November 7, 2023.
The accession of China to the Apostille Convention changes the need for legalization of official documents in Apostille issued by the appointed authority in the State of origin. Such Apostille is then recognized in the State of destination. The main role of the “Convention” is to simplify the procedures for the transnational circulation of official documents and facilitate international economic, trade and personnel exchanges. Joining the “Convention” is an important measure for China to expand the institutional opening of the field of foreign-related document circulation.
After joining the “Convention”, the time, and economic costs of cross-border circulation of documents will be greatly reduced. If the days are reduced to a few working days, the cost will also drop significantly. It can save more than 300 million RMB in processing fees for Chinese and foreign personnel and enterprises every year. The average time for document transfer between contracting states has been reduced by about 90%.
For individuals, this means that it is more convenient and faster to apply for documents such as health certificates, driver’s license certificates, degree certificates, and household registration certificates that may be required.
Joining the Apostille Convention will bring three major conveniences to our lives:
1. Studying abroad and immigrating: In recent years, more and more students choose to study abroad. The study visas require documents such as degree certificates, police certificate or property certificates to be legalized by consular legalization before they can be recognized by overseas countries. After joining the Apostille Convention, the legalization process can be simplified and quickly. Consular legalization step can be eliminated, an apostille certificate will suffice. And apostille is not just limited to be used in a certain country, it can be recognized by any Apostille Convention country.
2. Work visa & permanent residence: When foreigners apply for a work visa or permanent residence in China, they are often required to submit a series of identity documents and police certificates. The police certificates usually require consular legalization, and the steps are complicated. When China joins the Apostille Convention, the Apostille can be directly processed to shorten the authentication time.
3. Optimizing the business environment: After China joined the Apostille Convention, foreign companies that intend to invest in China, export, set up companies, and conduct legal proceedings do not need to apply for consular legalization for commercial documents. More than 70% of China’s export trade involves commercial instruments will also benefit from this.
Three advantages of Apostille Convention
- Short time: The Apostille process is relatively simple, which can effectively reduce time costs.
- Wide range: Most countries or regions currently recognize the Apostille Convention.
- Effectiveness: According to the provisions of the Apostille Convention, the Apostille document can be used in any country or region that recognizes the Apostille Convention, and the document has the corresponding extraterritorial legal effect.
What does the Apostille Convention do?
The Apostille Convention greatly simplifies the authentication on public documents to be used abroad. It abolishes the traditional legalization process, which often takes a long time and is quite costly. It replaces it with a single formality, an authentication certificate issued by the appointed authority in the State where the public document was executed. Such certificate is called an Apostille.
China’s reasons to join the Apostille Convention
China’s Ministry of Foreign Affairs has commented on the reasons why China has decided to join the Apostille Convention. It stated that the Apostille Convention makes it simpler to use public documents abroad and it would facilitate international trade and people to people exchange, by significantly reducing time and cost. The time required to complete procedures will be slashed by 90 percent.
It means that Chinese citizens overseas can have their academic degrees, driver’s license health certificate etc., easily recognized in another State part of the Apostille Convention. Also, it will help the foreign business environment in China. Foreign companies investing or exporting into China will no longer need to seek consular legalization for commercial documents.
What documents can be authenticated via the Apostille Convention?
- Personal documents: birth certificate, marriage certificate, court divorce judgment, green card, passport, real estate certificate, transcripts, degree certificates, single certificate, non-criminal record certificate, death certificate, etc.
- Commercial documents: registration certificate, legal personality, agreement, contract, power of attorney, statement, etc.
Which department issues the Apostille?
Apostille is usually issued by the country’s Ministry of Foreign Affairs, Supreme Court, or state government. Apostille certificates in different countries are issued by different departments.
For example:
US: Apostille is issued by the Secretary of State or the Department of State.
UK: Apostille is issued by the Foreign & Commonwealth Office.
Australia: Apostille is issued by the Department of Foreign Affairs and Trade.
Hong Kong: Apostille is issued by the High Court.
China Mainland: Apostille is issued by the Ministry of Foreign Affairs.