Author: Lawyer Zhang Jingxinyue, PRC-qualified Lawyer | Singapore Registered Foreign Lawyer
Note: The Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (hereinafter the “Hague Convention” or “Convention”) took effect for China on 7 November 2023.
The Hague Convention formally took effect in Singapore on 16 September 2021, meaning that from 7 November 2023, the Hague Convention has been in force between China and Singapore. Chinese documents used in Singapore no longer require “consular authentication” (Legalization), and Singapore documents used in mainland China are likewise exempt from “consular authentication” requirements. Instead, the more economical and convenient “Hague apostille” (Apostille) applies, greatly facilitating cross-border transactions and parties handling cross-border non-litigation matters. For details, see Interpretation | Significance and Impact of the Entry into Force of the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents Between China and Singapore | China-Singapore Legal News.
Recently, Zhang Jingxinyue, a lawyer with the China-Singapore Legal News team, represented one of the first cross-border estate inheritance cases involving “Hague apostille” certification. This article summarizes the experience gained in this matter and explains the points to note for Hague apostille between China and Singapore. A future article will share the procedures and requirements for a foreign national inheriting the estate of another foreign national in mainland China.
In early November 2023, on the eve of the Hague Convention taking effect between China and Singapore, lawyer Zhang Jingxinyue of the China-Singapore Legal News team was retained by several Singapore citizens to handle inheritance matters in China. The documents to be submitted were therefore able to catch the first train of “Hague apostille” certification on 7 November. The estate consisted of deposits in the deceased’s name at a bank in a Chinese city. The local office stated that it was its first time handling a foreign national inheriting from another foreign national. After multiple discussions and communications, lawyer Zhang helped the heirs clarify the process, prepare documents, and complete Hague apostille certification, and then submitted to the city notary office and bank the Hague apostille documents, including the Singapore court Grant of Letters of Administration, death certificate, power of attorney, notarised passport of the heir, and the deceased’s “passport and identity card refer to the same person” document (see below). In accordance with the requirements of the Hague Apostille Convention, the notary office and bank reviewed and accepted the above Singapore Hague apostille documents submitted by the applicant and promptly handled the estate inheritance procedures.
Singapore lawyer’s notarial certificate
Apostille issued by the Singapore Academy of Law
01 About the Hague Convention and Hague Apostille
For a long time, cross-border circulation of public documents has used the “consular authentication system” (also known as “legalisation authentication”, expressed in English as “Legalization”). “Consular authentication” (Legalization) and “notarization” (Notarization) together form the meaning of the common “notarization and authentication” requirement in cross-border circulation of public documents, also known as “dual authentication”. Because the “consular authentication” process is relatively cumbersome, in order to facilitate international circulation of public documents, in October 1961 the Hague Conference on Private International Law (HCCH) drafted and adopted the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents. The Convention formally took effect in 1965, initiating the construction of a new international legal and practical order in which “Hague apostille” replaces “consular authentication”.
“Hague apostille” refers to a standard procedure by which a government authority of a contracting state performs secondary certification on an original certified document (usually issued by a local notary office or notary public) and affixes a stamp or label, a process commonly known as “apostille”. The purpose of Hague apostille is to simplify the process for using notarised or certified documents internationally and to allow them to be recognised among signatory countries, thereby providing a more convenient method for cross-border exchange. This certification method applies to most countries worldwide and plays an important role especially in international trade and population movement.
In recent years, new members of the Convention have increased rapidly. It currently has 125 members, accounting for about three-fifths of all countries and regions worldwide, including the EU member states, 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. As noted above, from 7 November 2023, China officially became a member of the Hague Contracting States. On 11 January 2024, the Convention will also enter into force for Canada.
02 Lawyer’s Tips: Points to Note for Hague Apostille
The Hague Apostille Convention plays an important role in facilitating parties involved in foreign-related and cross-border matters and improving efficiency. In practice, the following points should be noted:
(1) The Hague Apostille Convention only eliminates the authentication step within the scope of contracting parties; it does not eliminate the notarization step. Therefore, if a public document issued in one contracting party is to be used in another contracting party, it must still be notarised by the notary authority of the country where the document is issued;
(2) While recognizing the procedural convenience and cost benefits brought by replacing “consular authentication” with “Hague apostille”, attention should also be paid to verifying whether the source of the apostille is lawful and valid.
- According to Article 3 of the Hague Apostille Convention, the issuing body of an apostille is the “competent authority of the issuing party”; the specific competent authority is determined by each contracting party. The commonly used Hague apostille authorities in relevant countries and regions are as follows:
- Mainland China: Ministry of Foreign Affairs of China and the foreign affairs offices of provinces and municipalities authorized by the Ministry of Foreign Affairs
- Hong Kong, China: High Court of Hong Kong
- Macau, China: Legal Affairs Bureau of Macau
- Singapore: Singapore Academy of Law
- United Kingdom: Foreign, Commonwealth & Development Office
- United States: Secretary of State (for personal documents and documents issued by state governments); U.S. Department of State (for documents issued by the federal government)
- Japan: Ministry of Foreign Affairs
- Regarding authentication of the authenticity of Hague apostilles, the document-using entity should carry out necessary verification of documents that are clearly doubtful. For example, apostilles from mainland China, Singapore and South Korea can be verified by scanning the QR code on the document for traceability, while apostilles from Macau can be verified through the Hague apostille processing status enquiry system on the website of the Macau Legal Affairs Bureau. Globally, how to identify the authenticity of a Hague apostille is also a key issue. Below are several ways to distinguish genuine and fake Hague apostilles:
(1) Check via the official website of the Hague Conference on Private International Law
On the official website of the Hague Conference on Private International Law (https://www.hcch.net/), enter the authentication number to search.
(2) Check the certification seal and stamps
A normal Hague apostille has a formal certification seal and stamp. These seals and stamps should have clear patterns and text and be of high print quality.
(3) Check through third-party certification verification platforms
Third-party certification verification platforms can help you verify the authenticity of Hague apostilles. These platforms usually compile and collect relevant information about Hague apostilles, and you can enter the relevant product information to search.
Confirming the authenticity of a Hague apostille is very important for protecting the rights and interests of businesses and consumers. The above methods can be used for searching. Only through proper enquiry and thorough verification can the security and reliability of your documents be confirmed.
Conclusion
The entry into force and implementation of the Hague Apostille Convention in China will greatly facilitate the circulation and use in mainland China of public documents issued in other contracting parties, and will also help Chinese enterprises respond more quickly to legal procedures overseas when going global and participating in foreign economic and trade interactions. Although this estate inheritance matter was handled through a non-litigation route, we have also noted that the Convention’s entry into force in China has triggered new rules related to foreign-related legal practice, which are provided below for reference and citation.
To support the entry into force and implementation of the Hague Apostille Convention, the Supreme People’s Court issued the Notice on the Relevant Work of People’s Courts After the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents Takes Effect for China on 1 November 2023, clarifying the implementation, interface and application of the Hague Apostille Convention in China’s judicial field. On 12 December 2023, the Beijing International Commercial Court formulated and issued the Litigation Guidelines on Understanding and Applying the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents, providing practical suggestions on the interface and application of the Hague Apostille Convention, especially the use of the apostille created by the Convention in foreign-related litigation.
- For more information on Hague apostille, cross-border inheritance and estate management, please contact a China-Singapore Legal News professional consultant.
Appendix: How to Obtain a Singapore Apostille?
The Singapore Academy of Law is responsible for issuing apostilles for public documents issued in Singapore.
Certificate application process:
- Submit an application on the website https://legalisation.sal.sg/.
- After paying by Visa or MasterCard, check for the confirmation email with the invoice.
- Go to the Singapore Academy of Law from Monday to Friday, 9:00 a.m. to 4:30 p.m., to process the apostille.
For public documents issued by Singapore government departments (such as marriage certificates, birth certificates, court documents, notarial certificates, etc.), the above procedure may be followed directly;
For private documents issued in Singapore (such as statutory declarations, powers of attorney, etc.), they must first be notarised by a Singapore notary public (Notary Public), and then apply to the Singapore Academy of Law for an apostille.
Address: 1 Coleman Street, #08-06 The Adelphi, Singapore 179803
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— Author | Xun Guanjia
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.