China had formally joined the Hague Apostille Convention on November 7, 2023. The Hague Apostille Convention is an international agreement that simplifies the process of legalizing documents for international use.
What is an Apostille?
An Apostille is a form of international authentication used to validate the authenticity of a public document for use in another member country of the Hague Apostille Convention. The signature, seal or stamp is to confirm the legitimacy of an official document.
Benefits of Apostille Convention
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%.
Apostille or Consular Legalization
When both countries involved are members of the Hague Apostille Convention, an Apostille guarantees the credibility of a document from one member country in another. However, if one country is not a member of the Hague Convention, apostille does not apply; instead, Consular legalization is required.
Process to notarize and apostille in China mainland
The Apostille process in China, first requires the documents to be notarized by a Chinese notary public, and then submits the notarized documents to the Ministry of Foreign Affairs of the People’s Republic of China for Apostille. Check “How to notarize documents in China” for notary details.
Process to legalize at Consular in China mainland
Before submitting a document to an embassy or consulate for legalization, it is typically necessary to have it notarized and authenticated by the Ministry of Foreign Affairs (MOFA).
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, diploma certificates, single certificate, non-criminal record certificate, death certificate, etc.
- Commercial documents: registration certificate, legal personality, agreement, contract, power of attorney, statement, etc.
What are the similarities and differences between Apostille and Consular Legalization?
Similarities: Both certifications focus solely on authenticating the signature of the document issuer, rather than verifying the content of the document.
Differences: Apostille generally only needs to be authenticated by the Ministry of Foreign Affairs or the High Court, and the legalization process is more concise; consular legalization also requires the legalization of the consulate after being authenticated by the Ministry of Foreign Affairs or the High Court. Apostille can be used in all Hague member states, while consular legalization can only be used in one country, which is not recognized by other countries.
Apostille only applies between Hague member states, and countries that are not yet members of the Hague member state must undergo consular legalization before the instrument can be recognized by government agencies.
Hong Kong Apostille
The Apostille process in Hong Kong begins with the notarization of documents by a Hong Kong notary public. Following notarization, the next step involves submitting these notarized documents to the High Court of Hong Kong for Apostille certification.
Applicants are typically required to provide either the original or a scanned copy of the notarized document. Additionally, they need to submit a scanned copy of the first page of their passport as part of the application process. This procedure ensures that the documents receive the necessary authentication for international recognition.
The processing time of Hong Kong Apostille is 4-5 working days, excluding mailing time.
Macao Apostille
In Macao, the Apostille process initiates with the notarization of documents by a Macao notary public. Subsequently, the notarized documents are submitted to the Legal Affairs Bureau of Macao for the Apostille certification.
Applicants are required to furnish either the original or a scanned copy of the notarized document. Additionally, as part of the application requirements, applicants need to provide a scanned copy of the first page of their passport. This documentation ensures that the necessary authentication is obtained, making the documents internationally recognized and valid.
The processing time of Macao Apostille is 5-7 working days, excluding mailing time.