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China Joins the Hague Apostille Convention, Facilitating the Transnational Circulation of Documents
Category: Trade ComplianceDate: October 24, 2024 20:32Source: China Council for the Promotion of International Trade
Home»Trade Compliance» China Joins the Hague Apostille Convention, Facilitating the Transnational Circulation of Documents
I. What is the Hague Apostille Convention?
The Hague Apostille Convention, formally known as the Convention Abolishing the Requirement of Legalization for Foreign Public Documents, was established in 1960 by the Ninth Hague Conference on Private International Law and came into force on January 24, 1965. Its core purpose is to eliminate the need for repeated authentication by multiple government agencies for cross-border public documents, simplifying international document circulation. According to HCCH data, over 125 countries have joined the Hague Apostille Convention, making it the most widely applied multilateral cooperation treaty.
II. Scope of Application of the Hague Apostille Convention
The Convention covers the following categories of public documents used internationally:
Documents issued by judicial authorities, officials, prosecutors, court clerks, or enforcement officers; Documents issued by administrative authorities; Notarized documents; Official certificates on privately signed documents, such as registration approvals, date visas, and signature certifications.
This means that for these types of public documents, only one authentication is required when circulating among contracting states, significantly improving efficiency.
III. Significance of Chinas Accession to the Hague Apostille Convention
On March 8, 2023, China formally submitted its accession documents to the Hague Apostille Convention, indicating that from November 2023, China would officially become a contracting party. This decision will bring the following conveniences to Chinese and foreign businesses and individuals:
More efficient business exchanges:Chinese companies commercial documents, such as registration certificates and power of attorney, can be recognized and used in other contracting states after simplified authentication procedures; More efficient circulation of litigation documents:Litigation documents such as judgments and evidence materials between China and other contracting states no longer require repeated cumbersome consular authentication, greatly reducing time and costs.
IV. How to Process Document Authentication?
Commercial document authentication:Chinese companies commercial documents, such as registration certificates and power of attorney, first require notarization, followed by authentication by competent authorities (issuing an Apostille). Such documents can then be used directly in other contracting states without additional authentication. Litigation document authentication:Litigation-related documents, such as judgments and evidence materials, only require authentication by competent authorities in China before they can be used in other contracting states.