The Apostille Convention comes into force for China on 7 November 2023. This Convention replaces the traditional and cumbersome legalization process with a single formality: the issuance of a certificate called an Apostille.
An Apostille, issued by the State of origin, authenticates the origin of a public document so that it can be presented abroad in another contracting Country or State. So, it can work for documents that originate outside of China, that needs to be used in China, and vice-versa.
What is an apostille and who issues it?
Apostilles may only be issued by Competent Authorities formally designated by Contracting Parties. Competent Authorities will issue an Apostille once they are satisfied of the authenticity of the signature, stamp or seal on a public document.
The only effect of an Apostille is to certify the authenticity of the signature, the capacity in which the person signing the document has acted, and the identity of the seal or stamp which the document bears. The Apostille does not authenticate the content of the underlying public document.
Notices from Chinese embassies on the Apostille Convention
The embassy of China in the Netherlands, but also many other embassies of China around the world (for example the Chinese embassy in Australia), on 25 October 2023, published a notice on the new system of apostille instead of legalization for continental China.
As similar notices have been published by Chinese embassies worldwide, they need to be checked per the applicable country, even though the language is very similar.
After all, the Convention goes into force on 7 November 2023 for all member states that did not object. And it seems that only India objected.
Apostille instead of legalization
For the Netherlands, the notice mentions that an Apostille shall be issued onto the public documents as referred to in the Convention that are issued in the Netherlands and are to be used in continental China, instead of legalization by Chinese Embassy in the Netherlands.
Hence, from 7 November 2023, the Chinese Embassy in the Netherlands will cease to provide legalization service. For the public documents that are issued in the Netherlands and have to be used in China, therefore please apply for an Apostille from the Dutch authorities. The Convention shall continue to apply to the Hong Kong Special Administrative Region of China and the Macao Special Administrative Region of China.
What needs to be checked in advance?
The notices mention that there is possibility that the public documents with an Apostille be rejected in China. In order to do the maximum so that this not happen, applicants are recommended to check the format, content, time limit, translation and other specific requirements of foreign public documents with relevant Chinese authorities in advance.
More information
For information on applying for an Apostille in any country that is part of the Hague Convention, please contact us. We will guide you in this process for your specific country and case.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
