Introduction to Hague Apostille
- What is Hague Apostille？
The Hague certification (Apostille) is based on 1961 "The Hague on the elimination of foreign document certification requirements of the Convention" (referred to as "The Hague Convention") provides an international certification. Its main purpose is to simplify the certification process of transnational official documents, so that a document issued in a Hague member state can be directly recognized and accepted in other Hague member states without going through the cumbersome multiple certification procedures.
The Hague attestation does not verify the authenticity of the contents of the document, but the official confirmation of the qualifications of the issuing institution (usually a notary office, an international notary public or a government agency) and the authenticity of the signature and seal. By affixing the "Apostille" seal, documents can be freely circulated among all member states of the Hague Convention and have legal effect.
- What documents usually need to be certified by the Hague?
When foreigners come to China to apply for various visas (such as work visas, talent introduction, permanent residence, etc.) or handle other affairs in China, they usually need to authenticate some overseas issued documents according to different purposes. Here are some common types of documents that require authentication:
(1)
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Certificate certification: birth medical certificate notarization, no criminal record certificate notarization, unmarried certificate notarization, marriage certificate notarization, driving license notarization, education certificate notarization, household register notarization, passport notarization, vaccination certificate notarization
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(2)
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legal behavior: declaration notarization, signature notarization, commissioned notarization
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(3)
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Commercial documents: Power of attorney notarization, business license notarization, company articles of association notarization
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Of course, the specific documents that need to be certified should ultimately be subject to the requirements of the relevant domestic acceptance departments (such as the Exit and Entry Administration Bureau, the Ministry of Education, the Department of industry and commerce, etc.).It is recommended that the relevant departments or professional institutions be consulted and confirmed before handling.
- Procedures for the Hague Certification
(1)
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Prepare documents: Make sure the documents are authentic and valid (e.g. birth certificate, no criminal record, etc.).
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(2)
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Notarization of documents: First, the documents are notarized by the local notary organization (such as notary office and law firm).
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(3)
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The Hague certification: the notarized document submitted to the country or region of the Hague certification authority (usually the Ministry of Foreign Affairs, foreign affairs office or the Supreme Court), by its review and stamp the Hague certification seal (Apostille).
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(4)
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Get the certification documents: After completion, the documents can be used directly in other Hague member States (such as China).
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- Hague Apostille Certification vs Consular Certification
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Content
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Hague Apostille Certification
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Consular Authentication (Double Authentication
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Country of Application
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Only member states of the Hague Convention
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Non-Hague Member States
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Certification Process
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Only notarization and a Hague Apostille seal are required (usually handled by the Ministry of Foreign Affairs or a designated institution)
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Notarization + single certification by the Ministry of Foreign Affairs + certification by the Embassy of the target country in China (two-step certification)
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Authentication Time
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Relatively fast (several days to several weeks)
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Slower (possibly several weeks to several months)
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Situation in China
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After November 7, 2023, documents of other Hague member States can be used in China only with the Hague certification
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Documents that are not members of the Hague still require double authentication
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Example: US birth certificate for Chinese domicile: If the US is a member of the Hague (which the US is a member of), all it needs to do is get the Hague certificate, then translate and submit it in China. Russian documents for China: Russia is not a member of the Hague, need first notarization, and then by the Russian Ministry of Foreign Affairs certification, and finally by the Chinese Embassy in Russia certification (double certification).
- List of Countries Certified by the Hague
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Asia (22):
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China, Armenia, Azerbaijan, Bahrain, Brunei, Georgia, India (Note: Not effective between China and India), Indonesia, Israel, Japan, Kazakhstan, Kyrgyzstan, Mongolia, Oman, Pakistan, the Philippines, South Korea, Saudi Arabia, Singapore, Tajikistan, Turkey, Uzbekistan
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Africa (16):
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Botswana, Burundi, Cape Verde, Eswatini, Lesotho, Liberia, Malawi, Mauritius, Morocco, Namibia, Rwanda, SAO Tome and Principe, Senegal, Seychelles, South Africa, Tunisia
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Europe (44) :
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Albania, Andorra, Austria, Belarus, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Montenegro, the Netherlands, North Macedonia, Norway Poland, Portugal, Moldova, Romania, Russia, SAN Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Ukraine, the United Kingdom
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North America (21) :
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Antigua and Barbuda, the Bahamas, Barbados, Belize, Canada, Costa Rica, Dominica, Dominican Republic, El Salvador, Grenada, Guatemala, Honduras, Jamaica, Mexico, Nicaragua, Panama, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Trinidad and Tobago, the United States
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South America (12):
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Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, Guyana, Paraguay, Peru, Suriname, Uruguay, Venezuela
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Oceania (10):
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Australia, Cook Islands, Fiji, Marshall Islands, New Zealand, Niue, Palau, Samoa, Tonga, Vanuatu
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With China’s formal accession to the Hague Convention, the efficiency and convenience of the cross-border flow of international documents have been significantly improved. For foreigners in employment, residence and investment in China, or Chinese citizens to study abroad, immigration and business activities, fully grasp the scope of application and handling norms of the Hague certification, will effectively save time and cost and improve efficiency. Before applying for certification, it is necessary to verify whether the country using the document belongs to the Hague Convention and consult the professional service institution or the competent authority to ensure that the certification procedure meets the relevant requirements and reduce the risk of being blocked due to certification defects. |
