China has officially become a member of the Apostille Convention, with the agreement taking effect on November 7, 2023. This significant change is anticipated to simplify processes for both businesses and individuals, as foreign documents intended for use in China will no longer need extensive authentication from multiple authorities. We will examine how administrative procedures will be streamlined following China’s participation in the Apostille Convention.

On March 8, 2022, China officially joined the Convention of October 5, 1961, which eliminates the requirement for the legalization of foreign public documents, commonly known as the “Apostille Convention.” This accession will ease the procedures for the international circulation of official documents and promote international economic, trade, and personnel exchanges.

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

What is the Apostille Convention?

The Apostille Convention, or the Convention of October 5, 1961, is an international treaty aimed at simplifying the authentication of public documents for use in foreign jurisdictions. Established by the Hague Conference on Private International Law (HCCH) in 1961, it has been ratified by over 120 countries and territories worldwide, 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 offer guidance to companies on the optimal structuring of their entities in China to meet their goals and improve operational efficiency. Currently, to use foreign documents in China for administrative purposes—ranging from visa applications to business establishment—these documents must first be notarized and authenticated by local authorities, followed by additional authentication from the Chinese embassy or consulate in the issuing country. This procedure can be both expensive and time-intensive for applicants. What impact does China’s accession have on international trade and business? For both foreign and Chinese individuals, this advancement means that obtaining various documents—such as criminal records, healthcare certificates, driver’s licenses, degree certificates, and birth certificates—will be more straightforward and quicker, which is essential for various administrative tasks.

In terms of enhancing the business environment, this change will particularly benefit companies that frequently engage in cross-border transactions, including domestic firms hiring foreign employees, import-export businesses, and multinational corporations with global operations.

Moreover, the process of applying for a business license or registering a company in China will become more user-friendly for foreign businesses, as the range of required documents, such as articles of incorporation and bank statements, will be streamlined.

Document Apostille for China

The Apostille Convention applies to certain categories of documents, primarily those classified as public documents under the laws of the issuing country. As outlined by the Hague Conference on Private International Law (HCCH), the convention generally includes:

• 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.

Additionally, the HCCH specifies that the convention typically does not cover diplomatic or consular documents, nor does it apply to specific administrative documents associated with commercial or customs matters. This suggests that certain customs documentation intended for China may require further authentication procedures. Member states of the Apostille Convention have a six-month period to express any objections to China’s membership. However, if a member state does raise an objection, it will only impact the application of the convention between that state and China, without hindering China’s ability to join. Therefore, it is possible that apostille procedures may not be recognized in China for documents from particular countries, even if those countries are signatories to the Apostille Convention, and vice versa.

For any inquiries regarding the apostille process for documents intended for China, please reach out to Apoling Solutions. We are here to help.