[Special Issue] from LongAn Law Firm

The Convention Abolishing the Requirement of Legalisation for Foreign Public Documents will come into effect and be implemented in China on November 7, 2023

On March 8, 2023, China joined the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (hereinafter referred to as “the Convention”). The Convention will come into effect and be implemented in China on November 7, 2023.

The Convention, operating under the framework of the Hague Conference on Private International Law, is the most widely applicable and heavily ratified international treaty with the aim of simplifying the process of cross-border circulation of public documents. As of November 7, 2023, public documents sent from China to other contracting states of the Convention will only require Apostilles as specified by the Convention, without the need for consular authentication from the embassies or consulates of the contracting states in China. Likewise, public documents sent from other contracting states to Chinese mainland will only require Apostilles as specified by the Convention, without the need for consular authentication from the embassies or consulates of China in the contracting states.

Chinese Ministry of Foreign Affairs is the competent authority for Apostille as specified by the Convention. It is responsible for issuing Apostilles for public documents issued within China. Additionally, foreign affairs offices of certain provinces, autonomous regions, and municipalities directly under the Central Government, as well as foreign affairs offices of certain municipalities, are authorized by the Ministry of Foreign Affairs to issue Apostilles for public documents issued within their administrative regions. For specific procedures and requirements on obtaining the Apostille, refer to the Chinese Consular Service website (http://cs.mfa.gov.cn) or the websites of the relevant local foreign affairs offices.

The Apostilles issued by the Chinese Ministry of Foreign Affairs and the relevant local foreign affairs offices shall be in the form of stickers with a silver national emblem stamp. These Apostilles can be verified online at http://consular.mfa.gov.cn/VERIFY/.

Persons residing abroad can check the official websites of local Chinese embassies or consulates for further information.

AnnexⅠ: List of contracting states to the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (By October 23, 2023)

Annex Ⅱ: List of local foreign affairs offices authorized to issue Apostilles in China

AnnexⅠ: List of contracting states to the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (By October 23, 2023)

Asia (22 states):

China, Armenia, Azerbaijan, Bahrain, Brunei, Georgia, India, Indonesia, Israel, Japan, Kazakhstan, Kyrgyzstan, Mongolia, Oman, Pakistan, Philippines, South Korea, Saudi Arabia, Singapore, Tajikistan, Türkiye, and Uzbekistan

Africa (16 states):

Botswana, Burundi, Cape Verde, Eswatini, Lesotho, Liberia, Malawi, Mauritius, Morocco, Namibia, Rwanda, Sao Tome and Principe, Senegal, Seychelles, South Africa, and Tunisia

Europe (44 states):

Albania, Andorra, Austria, Belarus, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Montenegro, the Netherlands, North Macedonia, Norway, Poland, Portugal, Moldova, Romania, Russia, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Ukraine, and the United Kingdom

North America (21 states):

Antigua and Barbuda, Bahamas, Barbados, Belize, Canada, Costa Rica, the Commonwealth of Dominica, the Dominican Republic, El Salvador, Grenada, Guatemala, Honduras, Jamaica, Mexico, Nicaragua, Panama, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Trinidad and Tobago, and the United States

South America (12 states):

Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, Guyana, Paraguay, Peru, Suriname, Uruguay, and Venezuela

Oceania (10 states):

Australia, Cook Islands, Fiji, Marshall Islands, New Zealand, Niue, Palau, Samoa, Tonga, and Vanuatu

Notes:

1. As of January 11, 2024, Canada will become a contracting state to the Convention, which will apply between China and Canada from that date. Additionally, as of June 5, 2024, Rwanda will also become a contracting state to the Convention, which will apply between China and Rwanda from that date.

2. The Convention is not applicable between China and contracting states that China does not recognize as sovereign states.

3. The Convention is not applicable between China and India.

AnnexⅡ: List of local foreign affairs offices authorized to issue Apostilles in China

Provincial-Level Foreign Affairs Offices (25 offices):

Anhui, Chongqing, Fujian, Guangdong, Guangxi, Guizhou, Henan, Heilongjiang, Hubei, Hunan, Hainan, Jilin, Jiangsu, Jiangxi, Liaoning, Sichuan, Shandong, Shanghai, Shaanxi, Yunnan, Zhejiang, Gansu, Hebei, Shanxi, and Inner Mongolia

Municipal-Level Foreign Affairs Offices (6 offices):

Changchun, Harbin, Ningbo, Jinan, Qingdao, and Shenzhen