The Apostille Convention is Officially Effective in China

Starting from today, 7th November 2023, following up the official joining on March 8, 2023, China officially implements the Hague Convention of 5th October 1961, abolishing the requirement of legalization for Foreign Public Documents. Per the Convention, also known as “Apostille Convention”, the process of certification of many documents will be easier and will not request a legalization by Chinese local diplomatic consular offices as the approval of the Country where the documents have origin will suffice.

Until today, for a foreign document intended to be used in China it was necessary first the notarization and authentication it at the competent local Authorities stamped by a public official and subsequently the legalization it at the Chinese Embassy of Consulate of the State where the document was formed.

According to the Convention, the authentication and stamp of the local public official – the so called “Apostille” – will suffice for the recognition of such document in China. The same will be valid also vice versa, i.e. for documents formed in China and to be used abroad in countries member of the Apostille Convention.

The Convention will be applied to most of the documents, such as public certificates or judicial documents, notarial deeds and will imply big saving of cost and timing for the operators.

We believe this is an important step that will foster the international collaboration and relations of all subjects and entities studying and working in and with China, and is of great significance for promoting cross border commercial activities and optimizing the business environment.

Here is the video made on the topic by Attorney Carlo D’Andrea, acting as the Attorney in charge of the IPR Desk at the Italian Trade Commission in Beijing.

D’Andrea & Partners Legal Counsel have authored innovative publications exploring the intriguing investment regions across China, entitled the Invest in China Series, produced in order to provide foreign investors and businesses with more practical guidance on how to do business in the different regions of China, as each is so different and thus requires specific context of the economic and business environment. In addition, D’Andrea & Partners Legal Counsel publishes a variety of guides covering intellectual property, commercial contracts, and foreign investment opportunities, which can be found on the firm’s website.

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The above content is provided for informational purposes only. The provision of this article does not create an attorney-client relationship between DP Group and the reader and does not constitute legal advice. Legal advice must be tailored to the specific circumstances of each case, and the contents of this article are not a substitute for legal counsel.