I. Background

On March 8, 2023, China officially acceded to the Convention of 5 October 1961 Abolishing the Requirement of Legalization for Foreign Public Documents, also known as the “Apostille Convention”. China's accession to the Apostille Convention changes the requirement for Legalization of official documents to an apostille issued by the authorized body in the country of origin. The Apostille Convention will officially take into effect in China on November 7, 2023.

II. Applicable Scope

Geographical scope

The present Convention shall apply to public documents which have been executed in the territory of one Contracting State and which have to be produced in the territory of another Contracting State.

1. Limited to between Contracting States. An apostille may be used only between states which are members of the Multilateral Apostille Convention. As of June 2023, 125 states are contracting states of the Apostille Convention.
2. China's declaration. When China acceded to the Apostille Convention, it made a declaration as to the territorial application of the Apostille Convention, to the effect that, in respect of a sovereign state which China does not recognize, even if it is a Contracting State, the Apostille Convention shall not apply as between China (including the Hong Kong SAR and the Macau SAR) and that state. China's declaration does not address countries with which China has not established diplomatic relations and to which the Apostille Convention shall be applicable.
3. The other contracting states of the Apostille Convention will now have a six-month period in which to object to China’s accession. However, if a contracting state objects to China’s accession, it will only mean that the convention will not apply between China and that state, not that China will not be able to accede. For that reason, it is still possible that the apostille procedures cannot be used in China for documents from certain countries, even if they are members of the Apostille Convention, and vice versa.

Documents scope

Not all types of documents are covered by the Apostille Convention – only public documents, as determined by the laws of the issuing country. The convention is usually applied to:

1. documents emanating from an authority or an official connected with the courts or tribunals of the State, including those emanating from a public prosecutor, a clerk of a court or a process-server ("huissier de justice");
2. administrative documents;
3. notarial acts;
4. official certificates which are placed on documents signed by persons in their private capacity.

III. Advantages over the previous consular certification

1. Simplified certification procedures. The Apostille Convention with a simple one-step proof of procedures to replace the previous consular certification, greatly simplifying the certification process and shortening the certification time.

2. Reduced cost of accreditation. The Apostille Convention does not provide for fees, and it is up to each Member State to decide whether or not to charge fees and the standard of fees. According to the feedback from Member States, the average fee for an additional visa is EUR 15 or USD 20. The Hong Kong SAR charges HK$125 per visa extension, while the Macao SAR is exempted from the fee.

3. Expanded scope of application. In contrast to consular certification, which can only be used in one targeted country, the Apostille certification can be used in all Apostille Convention members.

4. Considerable flexibility is maintained. The Apostille Convention leaves relevant matters to the discretion of the Apostille Convention member States in accordance with their own laws and policies, such as the scope of notarial instruments, fees for countersignatures, and the content of reservations by contracting States.

Regarding the implementation of the Apostille certification, we ensure constant interaction with the governing authority, and we shall provide you with regular updates. Should you have any inquiries, please do not hesitate to reach out to us at michaelfu@changtsi.com and info@changtsi.com.