Mainland China: Accession to Hague’s Apostille Convention
April 7, 2023
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At a Glance
- On November 7, 2023, Mainland China will join the Convention Abolishing the Requirements of Legalization for Foreign Public Documents, commonly referred to as the “Apostille Convention” or the “Hague Convention”.
- Mainland China’s accession to the Apostille convention will allow documents originating in Mainland China, such as education certificates and birth certificates, and those legalized according to the requirements of the treaty, to be accepted in the other Hague member countries. It is likely that it will also allow documents similarly processed and originating from other Hague member countries to be accepted in Mainland China; this will be confirmed closer to November.
- The new process streamlines recruitment and immigration processing for employers and foreign nationals in Mainland China by reducing processing times and avoiding complicated legalization steps at consulates. It also streamlines immigration processes for Mainland Chinese nationals in the other Hague member countries. However, individuals should expect temporary delays as the new process is implemented across consulates.
The situation
On November 7, 2023, Mainland China will officially join the Convention Abolishing the Requirements of Legalization for Foreign Public Documents, commonly referred to as the “Apostille Convention” or the “Hague Convention”.
A closer look
The new process will allow documents originating in Mainland China, such as education certificates and birth certificates, and those legalized according to the requirements of the treaty, to be accepted in other Hague member countries. It is likely that it will also allow documents similarly processed and originating from other Hague member countries to be accepted in Mainland China; this will be confirmed closer to November.
Impact
- Streamlined processing. The new process will streamline recruitment and immigration processing for employers and foreign nationals in Mainland China by reducing processing times and lowering the cost of document legalization by avoiding additional certification or legalization at a consulate. It will also streamline immigration processes for Mainland Chinese nationals in the other Hague member countries.
- Possible implementation delays. During the implementation of new apostille processes in accordance with the treaty, individuals should expect that temporary delays may occur in Mainland China when obtaining such documents and with the acceptance of apostilled documents at Chinese consular posts in other Hague member countries.
Background
- Original convention. The Apostille Convention was established in 1961 to facilitate the use of public documents abroad. It abolishes the traditional, often lengthy, requirement of legalization, replacing it with a one-step attestation process through the issuance of a single Apostille certificate by a competent authority.
- Electronic program. In 2006, the Hague Conference on Private International Law launched an electronic Apostille Program (e-App) to support the electronic issuance and verification of Apostilles around the world.
Looking ahead
It is currently unclear if Mainland China will also adopt the e-App Program (the electronic Apostille Program that allows electronic issuance and verification of Apostilles around the world).
Fragomen will report on related developments.
Fragomen in China is Fragomen (Shanghai) Co. Ltd., operating exclusively as an immigration consultancy and not as a law firm in China. This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
