Author: Lawyer Zhang Jingxinyue, PRC-qualified Lawyer | Singapore Registered Foreign Lawyer
Note: There will be adjustments to various business procedures between China and Singapore. The Chinese Embassy in Singapore has announced that, starting from November 7, many documents issued by China and Singapore will no longer require consular authentication.
This means that from November 7, the Convention will enter into force and be implemented between China and Singapore. Chinese documents used in Singapore will no longer require consular authentication, and Singaporean documents used in China will likewise no longer require consular authentication. Singapore documents that meet the standards of the Convention only need to obtain a Singapore apostille before they can be used in mainland China.
01 Overview of the Convention
The Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (hereinafter the “Convention”) is the international treaty with the widest application and the largest number of contracting members under the framework of the Hague Conference on Private International Law, aiming to simplify the cross-border circulation procedures of public documents.
In October 1961, the Hague Conference on Private International Law adopted the draft Convention at its Ninth Session, and the Convention officially entered into force in 1965. In recent years, the Convention has rapidly gained new members. It currently has 125 members, accounting for approximately three-fifths of the countries and regions in the world, including the EU countries, the United States, Singapore, Japan, South Korea, Australia, Russia, and other major trading partners of China, as well as most countries participating in the Belt and Road Initiative, and regions such as Hong Kong, China and Macau, China.
On March 8, 2023, Chinese Ambassador to the Netherlands Tan Jian, on behalf of China, formally deposited the instrument of accession with the Ministry of Foreign Affairs of the Netherlands, the depositary of the Convention, marking China’s formal accession to the Convention. The Convention will enter into force for China on November 7, 2023.
From November 7, public documents sent from China to other contracting states for use will only need to obtain an apostille prescribed by the Convention before being sent to the other contracting state for use, without undergoing consular authentication by Chinese or foreign embassies or consulates. Public documents from other contracting states to be used in mainland China will only need to obtain an apostille issued by that state, without undergoing consular authentication by that state or by China’s local embassy or consulate.
The Ministry of Foreign Affairs of China is the competent authority for apostilles under the Convention and issues apostilles for public documents executed in China. Entrusted by the Ministry of Foreign Affairs, the foreign affairs offices of the relevant provincial, autonomous region, and municipality directly under the Central Government as well as some municipal foreign affairs offices may issue apostilles for public documents executed within their respective administrative areas.
02 What Are “Public Documents” Within the Meaning of the Convention?
According to Article 1 of the Convention, the “public documents” to which the Convention applies include: “(1) documents emanating from an authority or an official connected with the courts or tribunals of the State, including those issued by a public prosecutor, a clerk of a court, or a process server (‘huissier de justice’); (2) administrative documents; (3) notarial acts; (4) official certificates which are placed on documents signed by persons in their private capacity, such as official certificates recording the registration of a document or the fact that it was in existence on a certain date and official and notarial authentications of signatures. However, the Convention does not apply to: (1) documents executed by diplomatic or consular agents; (2) administrative documents dealing directly with commercial or customs operations.”
Therefore, common “public documents” relevant to legal practice include but are not limited to: (1) documents issued by Chinese courts, procuratorates, and other judicial authorities, such as court judgments, rulings, payment orders, and various notices; (2) documents issued by administrative organs, such as certificates of no criminal record, marriage registration certificates, birth certificates, health certificates, driver’s license certificates, degree certificates, household registration certificates, and other documents; (3) notarial certificates issued by Chinese notary offices; (4) business registry search documents, etc.
03 Significance and Impact of the Convention’s Entry into Force
Before China joined the Convention, when relevant public documents were processed for cross-border commerce and personnel entry and exit, the notarisation and authentication procedures were complex, time-consuming, and very costly. After joining the Convention, the cross-border circulation procedures for public documents have been relatively simplified, facilitating international economic and trade activities and personnel exchanges. China’s accession to the Convention is an important measure for expanding institutional openness in the field of foreign document circulation and will bring two benefits:
1. Substantially Reducing the Time and Economic Costs of Cross-Border Document Circulation
This means that documents such as health certificates, driver’s license certificates, degree certificates, and household registration certificates that may be needed overseas can be processed more conveniently and quickly. After joining the Convention, the time required to complete a document for use abroad can be reduced from approximately 20 working days to several working days, and fees will also decrease significantly. It is estimated that Chinese and foreign individuals and enterprises can save more than RMB 300 million in document processing fees each year, and the average time for handling document circulation procedures between contracting states will be reduced by about 90%.
For example, a Chinese student who intends to study in a member state of the Hague Convention needs to provide a certificate of no criminal record, academic qualification/degree certificates, and other supporting documents. Previously, these documents had to undergo both consular authentication and Hague apostille procedures, which were expensive and time-consuming. However, after November 7, such documents can be used directly in China, Singapore, and other Hague Convention countries after obtaining an apostille!
2. Improving the Business Environment
After joining the Convention, foreign enterprises intending to invest in or export to China will not need to obtain consular authentication for commercial documents. More than 70% of China’s export trade-related commercial documents will also benefit.
For example, a Guangdong import and export trading company expanding into a European country is required by that country to obtain Hague apostilles for relevant documents, including company registration certificates, certificates of origin, and customs declarations. However, because China had not previously joined the Convention, obtaining a Hague apostille required the relevant documents to be notarised by a Hong Kong international notary and then submitted to the High Court of Hong Kong for authentication. But after November 7, these documents will likewise only need an apostille. This is definitely a positive development for import and export trade!
The foreign affairs offices of the relevant local people’s governments in China may issue apostilles for public documents executed within their respective administrative areas. Applicants may process apostille applications through the above-mentioned agencies, other agencies, or by entrusting another person, or may make an appointment through the Alipay “Consular Service Center” mini program.
04 Apostille
1. What Is an Apostille?
An apostille (Apostille) is a certificate issued by the competent authority designated by the state in which the document is issued to verify a public document. It contains the fixed content required by the Convention, including four items of document-related information: the state in which the document was issued, the signatory, the signatory’s capacity, and the name of the seal; and six items of certification information: the place of issue, date of issue, issuing authority, apostille number, issuing authority’s seal, and signature—10 elements in total.
To facilitate the use of public documents abroad, apostilles generally use a template in two or three languages, including English, French, and the issuing country’s own language. After a public document is affixed with an apostille, it may be sent directly to a contracting state of the Convention for use, without undergoing traditional consular authentication. Each apostille has a publicly registered number, and the recipient may use the verification channels provided by the state where the document was issued to verify its authenticity.
An apostille is functionally equivalent to a consular authentication certificate, but it only certifies that the last seal or signature on the public document is genuine. It does not take responsibility for the authenticity or legality of the contents of the public document itself. The authenticity of the contents of a public document remains subject to the principle of “whoever issues it is responsible.”
2. Which Documents Can Obtain an Apostille?
Chinese citizens going abroad to study, work, or reside, or applying for outbound visas in China, usually need to use certain foreign-related notarial certificates issued by domestic notary offices, such as birth notarisation, no-criminal-record notarisation, power of attorney notarisation, contract notarisation, etc. These notarial certificates may need to obtain an apostille before being sent to a contracting state of the Convention for use.
Individual documents: birth certificates, marriage certificates, court divorce judgments, green cards, passports, real estate certificates, transcripts, academic qualification certificates, single status certificates, no criminal record certificates, etc.
Enterprises engaging in overseas economic and trade activities often need to apply to the China Council for the Promotion of International Trade (CCPIT) for certificates of origin, invoices, packing lists, etc., or apply to entry-exit inspection and quarantine authorities for certificates of origin and animal/plant export quarantine certificates. The above-mentioned documents may need to obtain an apostille before being sent to a contracting state of the Convention for use. The list of contracting states to the Convention can be found in the relevant section of the China Consular Service Network (http://cs.mfa.gov.cn/).
Commercial documents: registration certificates, legal person qualifications, agreements, contracts, powers of attorney, declarations, certificates, letters of appointment, trademark certificates, asset certificates, credit certificates, director information, shareholder information, company articles of association, company name change documents, and other corporate documents.
3. How to Obtain a Singapore Apostille?
The Singapore Academy of Law is responsible for issuing apostilles for public documents issued in Singapore.
Apostille application process:
- Submit an application at https://legalisation.sal.sg/.
- After paying with Visa or MasterCard, check for the confirmation email with the attached invoice.
- Monday to Friday, 9:00 a.m. to 4:30 p.m., visit the Singapore Academy of Law to process the apostille.
For public documents issued by Singapore government departments (such as marriage certificates, birth certificates, court documents, and notarial certificates), the above procedure may be followed directly.
For private documents executed in Singapore (such as declarations and powers of attorney), they must first be notarised by a Singapore Notary Public (Notarisation) before applying to the Singapore Academy of Law for an apostille.
Address: 1 Coleman Street, #08-06 The Adelphi, Singapore 179803
Contact: 63324388
4. Which Documents Cannot Obtain an Apostille?
Documents to be used in a non-contracting state of the Convention cannot obtain an apostille.
In addition, the issuing authority shall not process an apostille application for a document if any of the following circumstances apply:
(1)The seal or signature on the document is not authentic;
(2)The seal or signature on the document has not been filed, or does not match the filed version;
(3)The seal, signature, binding, or timeliness of the document does not comply with the rules and requirements of the issuing authority or the receiving authority;
(4)The document may harm China’s national interests or public interests;
(5)Other circumstances under which the apostille issuing authority determines that processing should not be carried out.
Annex 1:
List of Contracting States to the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (as at October 23, 2023)
Asia (22):
China, Armenia, Azerbaijan, Bahrain, Brunei, Georgia, India, Indonesia, Israel, Japan, Kazakhstan, Kyrgyzstan, Mongolia, Oman, Pakistan, Philippines, South Korea, Saudi Arabia, Singapore, Tajikistan, Turkey, Uzbekistan
Africa (16):
Botswana, Burundi, Cabo Verde, Eswatini, Lesotho, Liberia, Malawi, Mauritius, Morocco, Namibia, Rwanda, Sao Tome and Principe, Senegal, Seychelles, South Africa, Tunisia
Europe (44):
Albania, Andorra, Austria, Belarus, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Montenegro, Netherlands, North Macedonia, Norway, Poland, Portugal, Moldova, Romania, Russia, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Ukraine, United Kingdom
North America (21):
Antigua and Barbuda, 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, United States
South America (12):
Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, Guyana, Paraguay, Peru, Suriname, Uruguay, Venezuela
Oceania (10):
Australia, Cook Islands, Fiji, Marshall Islands, New Zealand, Niue, Palau, Samoa, Tonga, Vanuatu
Note 1: On January 11, 2024, the Convention will enter into force for Canada, and the Convention will apply between China and Canada from that date. On June 5, 2024, the Convention will enter into force for Rwanda, and the Convention will apply between China and Rwanda from that date.
Note 2: The Convention does not apply between China and members of the Convention whose status as a sovereign state is not recognised by China.
Note 3: The Convention does not apply between China and India.
Annex 2:
List of Local Foreign Affairs Offices Issuing Apostilles (31 in total)
Provincial-level foreign affairs offices (25):
Anhui, Chongqing, Fujian, Guangdong, Guangxi, Guizhou, Henan, Heilongjiang, Hubei, Hunan, Hainan, Jilin, Jiangsu, Jiangxi, Liaoning, Sichuan, Shandong, Shanghai, Shaanxi, Yunnan, Zhejiang, Gansu, Hebei, Shanxi, Inner Mongolia
Municipal foreign affairs offices (6):
Changchun, Harbin, Ningbo, Jinan, Qingdao, Shenzhen
Annex 3: Sample Apostille
China’s apostille will be issued in the form of a sticker, affixed with a silver national emblem seal. Apostilles issued by the Chinese Ministry of Foreign Affairs and relevant local foreign affairs offices support online verification. For details, please visit http://consular.mfa.gov.cn/VERIFY/.
- For the specific procedures and requirements for obtaining an apostille, please visit the China Consular Service Network (http://cs.mfa.gov.cn) or the websites of the relevant local foreign affairs offices.
- If you have any other questions or need more related information, please visit the China Consular Service Network or click “Read more” at the end of this article.
- Persons residing abroad may follow the official websites of Chinese embassies or consulates in their local area for relevant information.
—
Author | Info Butler
This article is for informational reference only and does not constitute formal legal advice.
This article is general information and not legal advice. Specific matters require assessment by appropriately qualified professionals.