China to Join the Hague Apostille Convention

Starting on November 7, China joined the Apostille Convention, a change expected to save both time and costs in document authentication. Previously, foreign documents for use in China required multiple rounds of authentication by different authorities. With China's adoption of the convention, certain administrative procedures are streamlined, making it easier for individuals and companies to produce documentation for use in the country.

What the Apostille Convention is

The Apostille Convention is a treaty that facilitates the authentication of public documents for use in foreign countries. Formally known as the Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents, it simplifies the process of verifying the authenticity of legal documents across national borders.

By reducing the need for additional legalization, the convention streamlines authentication and promotes international cooperation. Signatory nations recognize the validity of public documents certified with an apostille seal, a universally recognized mark of authenticity, simplifying legal and administrative processes involving the exchange of public documents between countries.

The Hague Conference on Private International Law adopted the convention in 1961, and it has since been ratified by more than 120 countries and territories. It allows a public document issued in one member country to be certified for legal use in any other member country by obtaining an apostille certificate from a designated competent authority in the issuing country.

How to apply for an apostille on Romanian documents

For Romanian official documents, an apostille applies only when the document is intended for use in a state that is party to the 1961 Hague Convention.

For documents issued in Romania, the competent authorities to apply the apostille are the courts and the prefectures. Courts apply the apostille to:

• Judicial decisions, in original or legalized copy, issued by Romanian judicial authorities, legalized by the court that pronounced them
• Notarial acts, such as notarial declarations, legalized copies of documents, and legalized translations of documents
• Original documents or legalized copies emanating from a judicial executor
• Original documents issued by the Trade Register, signed and issued with the letterhead of the Ministry of Justice

For documents issued abroad, diplomatic missions and consular offices of Romania transmit applicant documents to the Institution of the Prefect of Bucharest, which issues the apostille and returns it through the Ministry of Foreign Affairs.

Impact on international trade

China's accession is expected to simplify and speed up the process of obtaining documents needed for administrative purposes, for both Chinese nationals and foreigners. The change offers the greatest advantages to companies conducting cross-border transactions, including domestic companies employing foreign workers, import-export businesses, and multinational corporations with cross-border operations.

Benefits of China's accession

China's accession to the Hague Apostille Convention offers several practical benefits:

• Apostilled documents become valid in other member countries
• The process of legalizing documents becomes more transparent
• Foreign companies find it easier to do business in and with China
• Paperwork and processing time are reduced

The convention applies only to public documents, as determined by the laws of the issuing country.

Which documents the convention applies to

According to the Hague Conference on Private International Law, the convention applies to:

• Documents of an administrative nature, including birth, marriage, and death certificates
• Documents emanating from an authority or an official connected with a court, tribunal, or commission
• Extracts from commercial registers and other registers
• Patents
• Notarial acts and notarial attestations of signatures
• School, university, and other academic diplomas issued by public institutions

Diplomatic or consular documents, along with certain administrative documents concerning commercial or customs operations, are typically excluded, so some documents for use in China will still require additional authentication procedures.

Countries in the Apostille Convention

As of the time of writing, 124 member countries had signed and joined the Apostille Convention. Among the most recent additions were Pakistan and Senegal, which joined in March of that year, and Saudi Arabia, which joined the previous December.

Why this matters

China's accession to the Hague Apostille Convention is a significant step toward greater international cooperation and efficiency in document authentication, simplifying the legalization process for individuals and companies and benefiting cross-border transactions between China and other member countries.

Sources: Hague Conference on Private International Law (HCCH)