China’s Accession to Apostille Convention: Simplifying Cross-Border Document Certification

At the inception of the Hague Conference in 1893, the global legal landscape markedly differed from the present day. At that time, Hague Conferences were predominantly attended by Europeans, reflecting a Eurocentric perspective. Following the tumultuous aftermath of the two World Wars, the Hague Conference on Private International Law emerged as an autonomous inter-governmental organization, dedicated to advancing the harmonization of private international law. Over subsequent decades, an increasing number of Asian states have joined the Hague Conference or acceded to its instruments, with China becoming a member in 1987.

The Hague Conference Regional Office for Asia and the Pacific in Hong Kong has played a pivotal role in elevating the visibility of the Hague Conference in the region. Through active engagement and the provision of technical assistance, Hong Kong has demonstrated its suitability as a regional hub for the Hague Conference on Private International Law.

Under the principle of “one country, two systems,” Hong Kong has remained a steadfast supporter and frequent user of Hague Conventions since its return to Chinese sovereignty in 1997. Notably, the Apostille Convention, first applied in Hong Kong in 1965, continues to be in force, alongside eight other Hague Conventions. This underscores the unique application of the “one country, two systems” principle in Hong Kong.

Despite its longstanding membership in the Hague Conference, China had not ratified the Apostille Convention, making it the world’s largest country without a simplified document legalization procedure. While the Convention has been in effect in Hong Kong and Macao, mainland China relied on complex legalization processes, posing challenges for international business transactions.

In March 2023, China acceded to the Apostille Convention, joining 126 other contracting states. The Convention came into effect in mainland China on November 7, 2023, offering a streamlined certification process. The Apostille Convention replaces traditional legalization requirements with the issuance of a single Apostille certificate by competent authorities, simplifying document authentication for both Chinese and non-Chinese entities.

Following the accession, a six-month objection period was initiated for contracting states. However, objections from individual states do not preclude China’s participation in the Convention, albeit with exceptions in bilateral relations.

While the Apostille streamlines the certification process, it does not guarantee automatic acceptance of foreign-produced documents by Chinese authorities. Stakeholders are advised to verify specific requirements with Chinese authorities, particularly during the transitional phase, encompassing format, content, timing, and translation considerations.