China Justice Observer

中司观察

EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

China Joins Apostille Convention, Simplifying Transnational Document Transfers

Wed, 06 Dec 2023
Categories: China Legal Trends

On 23 Oct. 2023, China’s Ministry of Foreign Affairs (MFA) announced that the “Convention Abolishing the Requirement of Legalization for Foreign Public Documents” (the Apostille Convention) would enter into force in China on 7 Nov. 2023.

On 8 Mar. 2023, China formally became a party to this Convention, marking a significant step forward in China’s efforts to facilitate the circulation of international public documents. The Apostille Convention officially took effect in China on 7 Nov. 2023.

The Apostille Convention is an important international treaty under the framework of the Hague Conference on Private International Law, with a broad scope of application and a large number of contracting parties.

The primary purpose of the Apostille Convention is to simplify the procedures for the transnational circulation of public documents.

In the past, the transnational transfer of documents to and from China required complex and time-consuming processes, including two rounds of consular authentication.

However, under the Apostille Convention, from 7 Nov. 2023, public documents sent from China to other contracting countries for use only need to obtain an “Apostille” without the legalization (consular authentication).

Likewise, public documents sent from other contracting countries to mainland China need only obtain an “Apostille” issued by their country, without requiring consular authentication by both the sending country and the Chinese diplomatic missions in their country.

To facilitate public access and verification, the Apostille Convention stipulates that the MFA, as the competent authority for “Apostille”, will provide an online verification service for the public.

The public can access specific information by visiting the China Consular Services website or relevant local foreign affairs websites.

It is worth noting that the Chinese Apostille will be in the form of a sticker with a silver national emblem stamp, which not only incorporates unique Chinese elements but also reflects the Chinese government’s efforts to standardize and facilitate the flow of public documents.

 

Photo by Tianshu Liu 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.