China Justice Observer

中司观察

EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

Apostille Convention Comes into Effect in China

Thu, 25 Jan 2024
Categories: China Legal Trends

On 7 Nov. 2023, the 1961 Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille Convention) came into effect in China.

The Apostille Convention is the international treaty with the widest application and the largest number of contracting members under the Hague Conference on Private International Law(HCCH). It aims to simplify procedures for cross-border circulation of public documents.

Upon the Apostille Convention’s entry into force on 7 Nov. 2023, China will be exempted from the formalities for consular legalization with 125 countries.

This means that foreign-related public documents sent from China to the aforementioned countries will only require an apostille issued by the Department of Consular Affairs of the Ministry of Foreign Affairs or an authorized local foreign affairs office. Public documents sent from these countries to China will also no longer require legalization (consular authentication) by the local Chinese Consulate.

For example, the Chinese Consulate in San Francisco issued a notice stating:

  • Public documents within the scope of the Convention issued by the U.S. only need to apply for a U.S. apostille before they can be sent to Chinese mainland for use. There is no need to apply for consular authentication by the U.S. and the Chinese Embassy and Consulates-General in the U.S.
  • Public documents sent from China to the U.S. within the scope of the Convention will no longer require consular authentication by China and the U.S. consulates in China, but will instead be processed with apostilles.

 

 

Photo by Nathan Cima on Unsplash

Contributors: CJO Staff Contributors Team

Save as PDF

You might also like

SPC Regulates Online Judicial Auctions

In November 2024, China’s Supreme People’s Court (SPC) issued new guidelines to regulate online judicial auctions, emphasizing transparency in property disclosures, enhanced mechanisms for judgment debtors to self-dispose of auctioned assets, and improved supervision across all auction stages to protect parties' rights and streamline enforcement procedures.

China’s First Tribunal-Ordered Interim Measure Issued in Beijing

In October 2024, an arbitral tribunal at the Beijing Arbitration Commission (BAC/BIAC) issued an interim measure based on the applicant’s request, which was later confirmed and enforced by the court through a preservation order. This is the first of its kind in China, confirming the validity of tribunal-issued interim measures and highlighting the pro-arbitration stance of Chinese courts.

SPC Releases IP Protection Cases in Seed Industry

In October 2024, China's Supreme People's Court (SPC) released key judicial protection cases to strengthen intellectual property rights in the seed industry, focusing on plant variety and breeding material disputes.

China Defines Rules for Calculating Trademark Infringement Gains

In October 2024, the China National Intellectual Property Administration (CNIPA) and the State Administration for Market Regulation (SAMR) jointly issued the “Measures for Calculating Illegal Business Revenue in Trademark Infringement Cases”, which provide detailed operational guidelines for trademark enforcement authorities to calculate illegal business revenue.

SPC Releases Typical Cases on Tourism Disputes

In September 2024, China's Supreme People's Court (SPC) released five typical tourism dispute cases, including health rights disputes caused by wild monkey attacks in Mount Emei, to guide courts in resolving common tourism conflicts and safeguarding tourists' legitimate rights and interests.

China Regulates Network Data Security

China's newly adopted “Regulation on Network Data Security Management”, effective January 1, 2025, seeks to standardize data processing, strengthen personal information protection, and tackle issues such as data security, risk assessments, and personalized profiling.

Beijing & Shanghai Unveil Low-Altitude Economy Plans

Beijing and Shanghai have announced plans to develop the low-altitude economy, aiming to grow the industry to CNY 100 billion and CNY 50 billion respectively by 2027, with a focus on aerial rescue, logistics, and passenger transport.

SPC Releases Typical Antitrust Cases

In September 2024, China's Supreme People's Court (SPC) published eight typical cases on antitrust and unfair competition, highlighting issues like price-fixing, market dominance abuse, and deceptive practices.