China Joins the Apostille Convention in 2023 – Document Legalization No Longer Required
The Chinese government has officially submitted to the "Hague Conference on Private International Law" the documents of accession to the Convention of 5 October 1961, known as the Apostille Convention.
The Apostille Convention will come into force for China on 7 November 2023. It has been in force in Hong Kong and Macao for quite some time when these regions were British and Portuguese territories.
China is now the 125th country to adopt the apostille document procedure. Although China has been a member of the Hague Conference since 1987, it did not ratify the Apostille Convention for a long time.
The Convention simplifies the process of authenticating documents for use abroad. It abolishes the standard legalization procedure, replacing it with one formality – the issuance of an apostille. This promotes the development of international trade, reducing time and financial costs.
The Convention will simplify the process of doing business by foreign companies in China. Currently, certified and legalized documents are required for this.
The Convention only concerns public documents. These include: documents from government agencies, administrative documents, notarial acts, and official certifications.
It is important that powers of attorney and other documents fall under the category of public documents. This will assist foreign companies.
Now the member countries will be notified of China’s accession. A 6-month objection period is provided. But even in case of an objection, it does not mean that China will not participate in the Convention. If an objection is submitted, the Convention will not be in force between China and the objecting country. No objections from Germany or major European partners of China are expected.