Mainland China: Accession to Hague’s Apostille Convention

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.

• 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.

• 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.

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.