Introduction to the Convention Abolishing the Requirement of Legalization of Foreign Public Documents

The Convention Abolishing the Requirement of Legalization of Foreign Public Documents (hereinafter referred to as the Convention) is an important international treaty with the widest scope of application and the largest number of contracting parties under the framework of the Hague Conference on Private International Law. It aims to simplify the cross-border circulation procedures of public documents, replace traditional consular authentication with a more convenient certification method, and promote international trade and personnel exchanges. In October 1961, the Hague Conference on Private International Law adopted the draft of the Convention at its ninth session, and the Convention officially came into force in 1965. In recent years, the number of members of the Convention has grown rapidly. Currently, there are 125 members, accounting for about three-fifths of the total number of countries and regions in the world, including major trading partners of China such as the European Union, the United States, Japan, South Korea, Germany, Australia, Russia, and most of the countries jointly building the "Belt and Road".

The contracting parties to the Convention mutually abolish the consular authentication of embassies and consulates. The additional certificate (Apostille) issued by the competent authority of the country of issuance of the document replaces consular authentication. The additional certificate has the same function as the consular authentication certificate. It only proves the authenticity of the last seal and signature on the official document, and is not responsible for the authenticity and legality of the content of the official document itself. The authenticity of the content of the official document still follows the principle of "whoever issues it is responsible".

On March 8, 2023, China joined the Convention. On November 7, the Convention came into force for China. China will begin to issue additional certificates. Documents with additional certificates can be used between the contracting states of the Convention without the need for consular authentication by foreign embassies and consulates in China. The original consular authentication procedures are still used between China and non-contracting states of the Convention.