China joint Apostille Convention

China has officially joined the Apostille Convention, with the agreement taking effect on November 7, 2023. This development is expected to streamline processes for both businesses and individuals, as foreign documents intended for use in China will no longer require extensive authentication from various authorities. We will explore how administrative procedures will be simplified following China’s accession to the Apostille Convention.

On March 8, 2022, China formally became a party to the Convention of October 5, 1961, which abolishes the need for legalization of foreign public documents, commonly referred to as the “Apostille Convention. This will simplify the procedures for the transnational circulation of official documents and facilitate international economic, trade, and personnel exchanges.”

The Apostille Convention officially came into force in China on November 7, 2023.

What is the Apostille Convention?

The Apostille Convention, also known as the Convention of October 5, 1961, is an international treaty designed to simplify the authentication of public documents for use in foreign jurisdictions. Adopted by the Hague Conference on Private International Law (HCCH) in 1961, it has been ratified by over 120 countries and territories globally, including Hong Kong and Macao. Under this Convention, a public document issued in one member state can be certified for legal use in any other member state by obtaining an “apostille” certificate from a designated competent authority in the issuing country.

Apostille Business Support Services

We provide guidance to companies on the optimal structuring of their entities in China to achieve their objectives and enhance operational efficiency.At present, to utilize foreign documents in China for administrative functions—ranging from visa applications to business establishment—these documents must first be notarized and authenticated by local authorities, followed by further authentication from the Chinese embassy or consulate in the issuing country. This process can be both costly and time-consuming for applicants.

What implications does China’s accession have for international trade and business?

As stated by spokesperson Mao Ning, China’s joining the convention “will yield two significant benefits”: it will decrease the time and economic costs associated with the cross-border circulation of documents and enhance the business environment.
For both foreign and Chinese nationals, this development translates to more straightforward and expedited applications for various documents, including criminal records, healthcare certificates, driver’s licenses, degree certificates, and birth certificates, which may be necessary for different administrative processes.
In terms of improving the business landscape, this change will particularly benefit companies engaged in frequent cross-border transactions, such as domestic firms employing foreign workers, import-export enterprises, or multinational corporations with international operations.
Additionally, the process of applying for a business license or registering a company in China will become more accessible for foreign enterprises, as the array of required documents, including articles of incorporation and bank statements, will be simplified.

Document Apostille for China

The Apostille Convention is applicable to specific types of documents, primarily public documents as defined by the laws of the issuing nation. According to the Hague Conference on Private International Law (HCCH), the convention typically encompasses:

• Administrative documents such as birth, marriage, and death certificates;
• Documents issued by authorities or officials associated with courts, tribunals, or commissions;
• Extracts from commercial and other registers;
• Patents;
• Power of Attorney, Notarial acts and acknowledgments of signatures;
• Academic diplomas from public educational institutions.

Furthermore, the HCCH clarifies that the convention does not generally extend to diplomatic or consular documents, nor to certain administrative documents related to commercial or customs activities. This indicates that specific customs documentation for China may necessitate additional authentication steps. The other member states of the Apostille Convention will have a six-month timeframe to raise objections to China’s membership. However, should a member state object, it will only affect the applicability of the convention between that state and China, not prevent China’s accession. Consequently, it remains possible that apostille procedures may not be applicable in China for documents from certain countries, even if those countries are part of the Apostille Convention, and vice versa.

If you have any question regarding apostille on document meant for China, contact Apoling Solutions. We’ll be glad to assist.