What is apostillization?
It is an international certification method provided under the Convention of 5 October 1961 Abolishing
the Requirement of Legalisation for Foreign Public Documents (hereinafter referred to as the Convention),
used to certify documents which are to be used abroad. Its purpose is to verify the authenticity of
relevant documents, ensuring that such documents hold corresponding legal validity in foreign countries.
Apostillization only certifies the authenticity of issuers (specifically, the final seals and signatures)
rather than the authenticity or legality of the content of such documents.
On March 8, 2023, China acceded to the Convention, which entered into force in the country on November
7 of the same year. From that date onwards, China commenced the issuance of apostilles, and any document
bearing an apostille can be used among all the Contracting States to the Convention without the need for
consular legalization.
The consular legalization procedure shall continue to apply to the documents circulated between China and non-Contracting States.
Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (English version)
https://www.hcch.net/en/instruments/conventions/full-text/?cid=41
What is an apostille?
An apostille is a certificate with a standardized form, applicable among the Contracting States to the
Convention, serving as an alternative to the traditional consular legalization certificates. Once a
document has been affixed with an apostille, it can be circulated freely among the Contracting States
without any additional certification.
The Convention imposes strict requirements on the form of an apostille, which shall contain the following ten key elements:
1. Country: (the issuing country)
This public document
2. has been signed by: (name of an individual)
3. acting in the capacity of: (e.g. Notary Public)
4. bears the seal/stamp of: (e.g. the name of a notary public office)
Certified
5. at: (name of a city)
6. the: (date of issuance)
7. by: (the name of the issuer)
8. No.:
9. Seal/Stamp: (seal/stamp of the issuing authority)
10. Signature:
Furthermore, to facilitate the cross-border usability of public documents, apostilles are usually
issued in bilingual or trilingual versions (including English, French, and the official language
of the issuing country), so as to enhance their recognition.
For information on the Contracting States to the Convention, please check the following links:
http://hcch.e-vision.nl/index_en.php?act=conventions.status&cid=41
Eligible commercial documents include: registration certificates, legal person qualification documents,
agreements, contracts, powers of attorney, statements, certifications, appointment letters, trademark
certificates, asset statements, credit certificates, director information, shareholder information,
articles of association, meeting minutes, documents of name changes of companies, invoices and receipts,
certificates of origin, customs declaration forms, product certificates, product descriptions, and
other corporate documents.
Step 1: Local notarization
Select an individual capable of notarizing:
Notary public: A notary public is authorized to certify the authenticity of documents. Original
documents and identity documents (passport, driver's license, etc.) are required.
Lawyer: Some countries require that commercial documents be notarized by licensed lawyers.
Submission of document(s): Submit the relevant document(s) (which must fall within the aforementioned categories) to the individual in charge.
Verification and notarization: The individual in charge verifies the authenticity of the document(s) and affixes notarial seal(s) on it/them.
Step 2: Applying for apostillization
Submit the notarized document(s) and a photocopy of the applicant's passport, either in person
or by mail delivery, to the competent authority(-ies) designated for issuing apostilles.
Verification and legalization: The competent authority(-ies) shall examine the document(s) and,
if the document(s) is/are confirmed to be correct, affix apostille(s) thereto.
Collection of apostilled document(s): Upon completion of the apostillization, the document(s)
bearing apostille(s) will be available for collection.
Processing time:
The processing time may vary depending on the regulations of different Contracting States.
Generally, from notarization to issuance of apostille(s), the process requires five to ten
working days. Expedited services may be available in certain countries or in cases of
emergencies, with additional fees usually charged.
What is consular legalization?
Consular legalization is a procedure whereby a country's diplomatic/consular authority and
an entity authorized by it, before using notarized document(s) or other certification document(s)
in another country, verify the final official seal(s) and/or signature(s) of the statutory
authority(-ies) issuing the document(s).
The purpose of consular legalization is to ensure that documents issued in one country are
recognized by relevant authorities in other countries, thereby preventing disputes over the
authenticity of the affixed seals or signatures, which might otherwise affect the legal validity
of such documents beyond the territory of the issuing country.
Consular legalization is an international convention developed through consular practices among
countries to mutually facilitate the cross-border circulation of documents.
For any foreign enterprise from a non-Contracting State to the Convention, its documents must
be notarized by a public notary office in its home country and subsequently legalized by a
Chinese embassy or consulate.
According to Article 20 of the Measures for Consular Legalization (No. 2 Decree of the Ministry
of Foreign Affairs of the People's Republic of China):
When a document issued in a foreign country is to be delivered and used in China and legalization
is required by the Chinese laws and regulations or the entity using the document, the document
shall be first notarized or certified by a responsible authority in the issuing country, then
delivered to the Chinese embassy or consulate in that country (or any other overseas entity
authorized by the Ministry of Foreign Affairs of China) for consular legalization.
1. Apply for notarization at a local public notary office in the country of origin (where the
documents are issued, except for documents that can be directly submitted for consular legalization).
2. Apply for consular legalization at the competent authority in the country of origin.
3. Apply for consular legalization at the Chinese embassy/consulate in the country of origin.
(In some countries, there may be more than one Chinese consulate. Please select the consulate
based on the consular district.)