All about the effectiveness of Hague Certification in Mainland China: Airui Global Translation helps you to process it hassle-free

With the acceleration of globalization, international document exchanges are becoming more frequent, and the importance of Hague certification is becoming more and more prominent. On March 8, 2023, my country officially joined the Convention Abolishing the Requirement of Legalization for Foreign Public Documents, which will come into effect in the mainland on November 7, 2023. This is undoubtedly another major move by my country in the field of international exchanges and cooperation.

The core points of this convention focus on two key changes: "cancellation" and "addition". The so-called "cancellation" means that the contracting states will mutually exempt the consular certification of embassies and consulates. The cumbersome and time-consuming "double certification" (certification by the Ministry of Foreign Affairs and certification by the embassy) will become history, opening up a more convenient channel for the cross-border circulation of various documents. "Addition" is to introduce an "additional certificate (Apostille)" issued by the competent authority of the country where the document is issued, as a substitute for consular certification to verify the authenticity of the seal and signature on the document. This means that from November 7, official documents sent by China to other contracting states for use only need to apply for an additional certificate (Apostille) to be unimpeded in the contracting states, without having to go through the consular certification process of China and the contracting states' embassies and consulates in China. However, it should be noted that the certification of documents between my country and non-contracting states of the Hague Convention will still follow the original consular certification procedures.

Regarding the functional positioning of Hague certification, the attached certificate is similar to consular certification. Its main function is to confirm the authenticity of the last seal and signature on the document, but it does not bear responsibility for the authenticity and legality of the content of the document itself. The authenticity of the content of official documents follows the basic principle of "whoever issues it is responsible". This principle simplifies the certification process while clarifying the boundaries of responsibility of all parties.

In recent years, the membership of the Hague Convention has continued to expand steadily. As of now, there are 125 members, accounting for about three-fifths of the total number of countries and regions in the world. Among them, many of China's major trading partners and most of the countries building the "Belt and Road" are included. For example, EU countries rely on their close economic ties and frequently interact with China in the fields of international trade and investment; the United States, as the world's largest economy, has extensive exchanges and cooperation in many fields such as science and technology and culture; Japan and South Korea occupy an important position in economic and trade cooperation and cultural exchanges in East Asia; Germany has in-depth industrial cooperation with China with its strong manufacturing industry; Australia has close exchanges in resource trade, education exchanges and other aspects; Russia maintains a multi-dimensional cooperative relationship with China in many fields such as energy and geopolitics. The detailed list of countries is shown below. The wide distribution of these member countries fully demonstrates the extensive influence of the Hague Convention on the global scale and the positive trend of China's continuous expansion of the cooperation network in international affairs.

So, what exactly is an Apostille? It is an authoritative verification certificate specially issued for official documents by the competent authority designated by the country where the document is issued, and has a standardized fixed format. Its unique advantage is that it can be used without obstacles among the contracting states of the Hague Convention, successfully replacing the traditional consular certification method. Once a document is successfully affixed with an Apostille, it is like obtaining a "pass" for free travel between contracting states. There is no need to go through other cumbersome certification procedures, and it can be efficiently and smoothly circulated between contracting states, greatly improving the efficiency of international document exchanges. The Hague Convention sets strict and detailed requirements for the form of additional certificates, which usually cover ten core elements: the first is the country of issuance of the document, which specifies the place of origin of the document; the second is the signatory, which determines the subject of the document signing; the third is the identity of the signatory, which details the role and authority of the signatory; the fourth is the name of the seal, which records the seal used in the document; the fifth is the place of issuance, which indicates the place of issuance of the certificate; the sixth is the date of issuance, which records the time point of the certificate issuance; the seventh is the issuer, which specifies the specific person responsible for issuing the certificate; the eighth is the additional certificate number, which is like a unique identity of the document, facilitating accurate identification and tracking worldwide; the ninth is the seal of the issuing authority, which reflects the authority and legality of the certificate; the tenth is the signature, which reconfirms the authenticity and validity of the issuance process. The first four items are closely related to the basic information of the document itself, while the last six items focus on the key information of the certification process. The various elements are interrelated and mutually supportive, and together build a rigorous and complete information system for additional certificates. In terms of language presentation, in order to fully meet the convenience and universality requirements of international use, the additional certificate is generally prepared in two or three languages, including English, French and the native language. This multi-language setting effectively overcomes language barriers and facilitates users of different language backgrounds to quickly and accurately understand the content of the document and the certification information. Each additional certificate is assigned a publicly registered number, which becomes a key clue to verify the authenticity of the document. The user can use the special verification channels provided by the country that issued the document to easily verify its authenticity by entering the number and other relevant information, ensuring the credibility and security of the document in international circulation.

In terms of the specific procedures for applying for additional certificates, clear and orderly steps are followed: first, you need to carefully handle notarization or other certification documents that meet the requirements of additional certificates. This step needs to be strictly carried out in accordance with relevant notarization regulations and procedures to ensure that the content of the document is accurate and the format is standardized; after completing the notarization step, you need to apply for the additional certificate of the Ministry of Foreign Affairs or the local foreign affairs office entrusted by it, which forms a coherent process of notarization first and then the additional certificate. In terms of processing time, the Consular Department of the Ministry of Foreign Affairs has set up two types of services, ordinary and urgent, according to different needs. Ordinary service is completed on the fourth working day after the document is accepted (designated window to send or mail). This relatively regular service rhythm can meet most general document certification needs. While ensuring the quality of certification, it reasonably arranges work processes and resource allocation; while the urgent service is specially set up for those special situations where time is tight and certification is urgently needed. It can be completed on the second working day after the document is accepted (designated window to send or mail). By optimizing the work process and allocating professional resources, it provides efficient and fast solutions for customers with urgent needs, fully reflecting the flexibility and pertinence of the service.

Which documents can be certified by Hague? At the individual level, when preparing to embark on important life journeys such as studying abroad, settling in immigration, working abroad or applying for a visa, you usually need to provide a series of foreign-related notarial certificates issued by domestic notary offices. For example, a birth notarization is used to prove an individual's birth information and family relationship, which is an important basis for identity confirmation in the process of studying abroad and immigration; a notarization of a clean criminal record shows an individual's good citizen image and law-abiding record to relevant foreign institutions, and plays a key role in visa applications and work permits. When an individual is unable to handle overseas affairs in person due to special reasons, the notarization of a power of attorney can legally authorize others to handle them on his behalf, safeguarding the smooth progress of personal rights and interests and affairs; a notarization of kinship clearly defines the relationship between family members in transnational affairs such as family reunion and property inheritance; a notarization of a declaration is used for an individual's solemn declaration and commitment on specific matters, and has important legal effect in various international affairs scenarios. Before these foreign-related notarial certificates are sent to the Hague Convention Contracting States for use, they often need to be supplemented with certificates in accordance with regulations to ensure their recognition and validity abroad. At the corporate level, in the complex and diverse field of transnational business activities, it is often necessary to apply for a certificate of origin from the China Council for the Promotion of International Trade to prove the country of origin of the product, which is of great significance in terms of international trade tariff preferences and market access; commercial bills such as invoices and packing lists are key documents that record commercial transaction details and cargo transportation information, which are indispensable for cross-border trade settlement, logistics distribution and customs clearance; or apply for professional documents such as certificates of origin and animal and plant export quarantine certificates from entry-exit inspection and quarantine agencies. These documents are necessary documents to meet the quality supervision and health and safety requirements of the importing country in international trade involving the export of agricultural products, animal and plant products and specific industries. Before the above-mentioned types of enterprise-related documents are sent to the Hague Convention Contracting States for use, they may also need to apply for additional certificates in accordance with the prescribed procedures, thereby building a compliant and smooth document bridge for the company's transnational business activities. In summary, documents subject to Hague certification mainly cover four categories: First, documents issued by an agency or a court or tribunal official, including documents issued by specific judicial roles such as prosecutors, court clerks or judicial executors. Such documents play an important role in scenarios such as judicial assistance and international legal affairs cooperation; second, administrative documents. Such documents play a key role in information transmission and decision-making in areas such as intergovernmental exchanges, public affairs management and cross-border administrative cooperation; third, notarized documents, as documents notarized by a notary agency in accordance with the law, have high credibility and legal effect in various civil and commercial activities, and are an important credit guarantee for international private affairs and business cooperation; fourth, official proof of a document signed by an individual in a private capacity. Such documents provide official recognition and proof of the authenticity of personal wishes and behaviors in the handling of personal cross-border affairs, such as real estate sales, inheritance and other fields.

my country's accession to the Hague Convention has important multi-dimensional significance and positive effects, which are mainly reflected in the three core aspects of "faster", "cheaper" and "more convenient".

"Faster" - significantly shorten the time cycle. Before joining the Hague Convention, it took an average of about 20 working days to complete a series of processes such as foreign-related notarization, consular certification by diplomatic and foreign affairs departments, and consular certification by embassies and consulates in China. This long time period often becomes a key bottleneck for individuals and enterprises in the process of handling international affairs, which may lead to many unfavorable situations such as missing the enrollment season for study abroad applications and missing business opportunities due to document delays in business cooperation. After joining the Convention, the consular certification link of embassies and consulates was cancelled, and the entire process was greatly streamlined. For individuals, when handling civil documents such as health certificates required by foreign universities, driver's license certificates recognized by foreign traffic management departments, and degree certificates required by international educational institutions, they can more efficiently meet the requirements of foreign institutions and obtain the required learning, work and life opportunities in a timely manner. For enterprises, more than 70% of commercial documents involved in export trade will also benefit significantly from the simplification of the certification process , accelerating the pace of international business expansion of enterprises and enhancing their competitiveness and responsiveness in the global market.

"More economical" - effectively reducing economic costs. In the past consular certification process, the embassy certification fee was an expense that could not be ignored. Since each embassy charged different fees according to its own regulations, and some embassies set high standards for charging a percentage of the amount for specific types of documents, such as commercial contracts, the certification fees remained high. According to professional estimates, after my country joins the Hague Convention, individuals and companies are expected to save more than 300 million yuan in certification fees each year. This considerable amount of savings will directly reduce the economic burden of individuals in matters such as studying abroad, immigration, and working abroad. At the same time, it will also release more financial resources for companies in cross-border trade and investment activities, which can be used for core business links such as R&D innovation, market expansion, and talent training, further enhancing the comprehensive strength and sustainable development capabilities of companies.

"More convenient" - greatly simplifying the procedures. Looking back at the previous complicated consular certification process, documents issued by foreign countries and used in China need to be notarized and certified locally first, and then travel thousands of miles to Chinese embassies and consulates abroad to handle consular certification. This process involves different institutions in multiple countries and regions, with cumbersome procedures and many links. It not only consumes a lot of time and energy, but is also prone to certification failure or delays due to factors such as poor information communication and policy differences. Similarly, foreign-related notarial certificates issued in the mainland and used abroad also need to be certified by the Consular Department of the Ministry of Foreign Affairs of China or the Foreign Affairs Office of the local people's government entrusted by it, as well as the embassy or consulate of the destination country in China. This series of "round trip" processes has brought great inconvenience to individuals and enterprises. After the implementation of the Hague Convention, the previous cumbersome series of certification procedures will be completely replaced by a one-step certification method, and the certificate application process will be greatly simplified. Documents with attached certificates are like globally recognized "passports" that can be used freely among the signatory states of the Hague Convention. This completely bids farewell to the cumbersome model of handling certification documents separately for each country in the past, provides unprecedented convenience for international exchanges and cooperation between individuals and enterprises, and greatly improves the efficiency and experience of international exchanges.

Here are some frequently asked questions:

Question 1: How should I obtain an additional certificate when sending documents from mainland my country for use abroad?

If a notarial certificate or other certification document issued in mainland my country is to be sent to a contracting state of the Hague Convention for use and requires an additional certificate, it should be applied to the Consular Department of the Ministry of Foreign Affairs or the local foreign affairs office entrusted by the Ministry of Foreign Affairs. In this process, professional translation services play a vital role in ensuring the accurate circulation of documents and the smooth certification, and Airui Global Translation is undoubtedly your best choice. Airui Global Translation has a team of translators who gather the world's top language talents. They are not only proficient in international mainstream languages such as English, French, and German, but also have in-depth research and superb translation capabilities for various small languages such as Dutch, Portuguese, and Hungarian. They can meet the language needs of different countries and regions and ensure the barrier-free dissemination of documents around the world. These translators have a deep language foundation and rich translation experience. In long-term practice, they have accumulated accurate translation skills in many professional fields such as law, diplomacy, business, and education. They can easily deal with the complex professional terms and rigorous sentence structures in notarial certificates and various certification documents, and accurately convert the meaning of the original text into the target language to avoid certification risks caused by translation errors. Airui Global Translation has always regarded quality as the lifeline of the company and has established a scientific, rigorous, and multi-link quality control system. From the initial translation by the translator to the detailed review by senior proofreaders, and then to the final review by experts in professional fields, every step is strictly controlled to ensure that the translated text meets the high standards of Hague certification and the relevant norms and cultural habits of the destination country in terms of grammar, vocabulary, semantics, format, etc. In addition, Airui Global Translation is also known for its excellent service efficiency. It is equipped with an advanced project management system and an efficient communication and coordination mechanism. It can flexibly allocate resources and formulate personalized translation plans according to the urgency and special needs of customers, ensuring the delivery of high-quality translation results in the shortest time. It is closely connected with the process of applying for additional certificates, and the overall progress of the work will never be delayed due to the translation process. It provides a full range of one-stop high-quality translation service guarantees for your international affairs.

Question 2: How to verify the authenticity of the attached certificate?

According to the Hague Convention, the competent authorities of the contracting states shall establish a register of the additional certificates issued by them and verify the authenticity of the additional certificates upon application by any interested party. If you need to verify the authenticity of the additional certificates issued by my country, you can visit the "Consular Authentication/Additional Certificate Verification" system under the "Document Verification" column of the Chinese Consular Services Network (http://cs.mfa.gov.cn/), enter the certification number and sticker number for verification, or visit the verification website on the additional certificate (https://consular.mfa.gov.cn/VERIFY/) on your mobile phone and scan the QR code for verification. If you want to verify the authenticity of the additional certificates issued by a contracting state, you can contact its competent authorities. For specific names and contact information, please visit the official website of the Hague Conference on Private International Law (https://www.hcch.net/en/instruments/conventions/authorities1/print1/?cid=41).

Question 3: Can I apply for additional certificates for multiple copies of a document?

Yes. The parties may apply for a corresponding number of notarial certificates or other certification documents (all originals) according to the requirements of the country where the document is used, and apply for additional certificates in accordance with relevant regulations.

The list of local foreign affairs offices that issued the additional certificates is as follows:

Provincial foreign affairs offices (25): Anhui, Chongqing, Fujian, Guangdong, Guangxi, Guizhou, Henan, Heilongjiang, Hubei, Hunan, Hainan, Jilin, Jiangsu, Jiangxi, Liaoning, Sichuan, Shandong, Shanghai, Shaanxi, Yunnan, Zhejiang, Gansu, Hebei, Shanxi, and Inner Mongolia.

Municipal Foreign Affairs Offices (6): Changchun, Harbin, Ningbo, Jinan, Qingdao, and Shenzhen.

List of Contracting States to the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (as of October 23, 2023):

Asia (22): China, Armenia, Azerbaijan, Bahrain, Brunei, Georgia, India, Indonesia, Israel, Japan, Kazakhstan, Kyrgyzstan, Mongolia, Oman, Pakistan, Philippines, South Korea, Saudi Arabia, Singapore, Tajikistan, Turkey, Uzbekistan.

Africa (16): Botswana, Burundi, Cape Verde, Swaziland, Lesotho, Liberia, Malawi, Mauritius, Morocco, Namibia, Rwanda, Sao Tome and Principe, Senegal, Seychelles, South Africa, Tunisia.

Europe (44): Albania, Andorra, Austria, Belarus, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Montenegro, Netherlands, North Macedonia, Norway, Poland, Portugal, Moldova, Romania, Russia, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Ukraine, United Kingdom.

North America (21): Antigua and Barbuda, Bahamas, Barbados, Belize, Canada, Costa Rica, Dominica, Dominican Republic, El Salvador, Grenada, Guatemala, Honduras, Jamaica, Mexico, Nicaragua, Panama, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Trinidad and Tobago, United States.

South America ( 12): Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, Guyana, Paraguay, Peru, Suriname, Uruguay, Venezuela.

Oceania (10): Australia, Cook Islands, Fiji, Marshall Islands, New Zealand, Niue, Palau, Samoa, Tonga, Vanuatu.

Note 1: On January 11, 2024, the Convention will enter into force for Canada, and the Convention will apply between China and Canada on that date. On June 5, 2024, the Convention will enter into force for Rwanda, and the Convention will apply between China and Rwanda on that date.

Note 2: The Convention does not apply between China and any member of the Convention that it does not recognize as a sovereign state.

Note 3: The Convention is not applicable between China and India.

◀️：Comprehensive FAQ | Frequently asked questions about the implementation of Hague Certification in the Mainland

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