Hague Convention Takes Effect Between China and the US: Major Impact on Document Authentication
Background
On March 8, 2023, China officially acceded to the Convention Abolishing the Requirement of Legalization for Foreign Public Documents (the Hague Convention). Since November 7, 2023, the Convention is in effect between China and the United States. This marks a milestone change in document authentication between the two countries.
Key Changes
- US public documents for use in mainland China now only require an Apostille (certificate of authentication) — no bilateral consular legalization needed
- Chinese embassies and consulates in the US have stopped processing consular legalization services
- The process is significantly simplified, with reduced time and costs
Which Documents Are Affected
Nearly all US public documents intended for use in China are affected, including but not limited to:
- Personal documents: birth certificates, marriage certificates, divorce decrees, death certificates, etc.
- Academic documents: diplomas, degree certificates, transcripts, etc.
- Legal documents: criminal background checks, court orders, etc.
- Business documents: certificates of incorporation, articles of organization, financial statements, etc.
- Declarations: powers of attorney, affidavits, same-person declarations, etc.
How to Obtain an Apostille
An Apostille can be obtained through two channels:
- Secretary of State: For state-level documents; typically 1-10 business days
- US Department of State: For federal documents; approximately 4-11 weeks
Important Notes
An Apostille only certifies the authenticity of signatures and seals on a document. Whether the document is accepted by the receiving party in China also depends on their specific requirements regarding format, validity period, and translation. It is recommended to obtain a certified translation alongside the Apostille.
Need an Apostille or have questions? Call 518-956-5673 for professional assistance.
