China TODAY Adopts the Apostille Convention, Making Life Easier

Home | China Law Blog | China TODAY Adopts the Apostille Convention, Making Life Easier Table of Contents Toggle Understanding Apostilles Apostilles are certificates issued by governments in accordance with the 1961 Apostille Convention, which confirm the authenticity of documents. A document apostilled by Party A is considered authenticated by Party B, without a need to legalize or authenticate the document at a Party B's embassy or consulate. The Apostille Convention enters into force in China today, November 7, 2023. By doing so, China joins the more than 125 countries that were already signators to this Convention. The Apostille Convention, also known as the Hague Apostille Convention, is an international treaty formulated by the Hague Conference on Private International Law. It specifies the methods by which a document issued in one of the signatory countries can be certified for legal purposes in all the other signatory states. Such a certification, known as an apostille, is recognized by all members of the convention, greatly simplifying the process of document authentication for international use. China's Embrace of the Apostille Convention Without doubt, the adoption of apostilles by China is a development that will be welcomed by just about anyone who had to deal with the old rules. To illustrate how apostilles make life easier in practice, I will use a real-life example, involving friends in Seattle whom I will call Elena and Burt. A Personal Story: The Impact of Apostilles Earlier this year, Elena and Burt decided to have their toddler, Kim, stay for a few months with Elena's parents, who live in Guangzhou. Kim is a U.S. citizen and she entered China on a family visit visa, with a permitted stay of 90 days. In case you are wondering, Elena was a U.S. citizen by the time Kim was born, meaning that she had already lost her Chinese citizenship and hence no claim of Chinese nationality could be made for Kim. As Kim's authorized 90-day stay neared its end, Elena's parents began the process of applying for a visa extension through the local Exit and Entry Administration. The authorities requested an authenticated copy of Kim's birth certificate. At that time, with the Apostille Convention not yet in effect in China, Elena and Burt faced a daunting three-step authentication process. Authenticating Documents for China Before the Apostille Convention Elena and Burt first had to obtain an authentication from the Washington State government, which issued the birth certificate. This part would have been relatively easy (and in fact the process is essentially the same as the one to obtain an apostille). In a pinch they could have driven down to the state capital of Olympia for same-day service. The real hassles would have begun at that stage. Next, Elena and Burt would have to obtain an authentication certificate from the U.S. State Department (if they needed to authenticate a document issued by the federal government, Elena and Burt could have skipped to this step). According to the State Department's Office of Authentications, it takes the office 11 weeks to process a request; in-person appointments are not offered. Finally, the document would have to be sent to the Chinese Consulate-General in San Francisco for legalization, most likely requiring Elena and Burt to engage the services of an agent. The Advantage of the Apostille Convention When Elena and Burt learned about the upcoming implementation of the Apostille Convention in China, they calculated that postponing the process until after November 7 would be more advantageous. With this strategy, they could obtain the necessary apostille directly from the Washington Secretary of State, bypassing any dealings with the U.S. State Department and the Chinese Consulate-General entirely. China's Accession to the Apostille Convention is a Welcome Change China's adoption of the Apostille Convention represents a major milestone for authenticating foreign documents. By simplifying and standardizing the process, China has removed a significant hurdle that created delays, complications, and costs. Documents will no longer need to go through the bureaucratic maze of multi-step embassy legalizations. For those like Elena and Burt needing foreign document authentications in China, this departure from old procedures is a welcome step into a simpler future. Check Out Our China Law Services Share Twitter Facebook LinkedIn E-mail Comment Fred Rocafort Fred leads Harris Sliwoski’s intellectual property practice and is the coordinator of the firm’s international team. Much of Fred’s practice consists of helping cannabis businesses protect their brands. He also works with entrepreneurs and companies entering the Web3 space, a new frontier for IP law. Prior to joining Harris Sliwoski, Fred worked overseas for more than a decade, in both government and private sector roles. Fred is a regular contributor to the award-winning China Law Blog and Canna Law Blog. Fred began his career overseas as a U.S. consular officer in Guangzhou, China, where he advocated for fairer treatment of American companies and citizens in China and for stronger intellectual property rights enforcement. After entering the private sector, Fred worked at a Shanghai law firm as a foreign legal advisor and later joined one of the oldest American law firms in China, helping foreign companies navigate the Chinese legal environment. He also led the legal team at a Hong Kong-based brand protection consultancy, spending most of his time out in the field, protecting clients against counterfeiters and fraudsters in Greater China, Southeast Asia and Latin America. In addition to his IP work, as a native Spanish speaker, Fred works closely with different Harris Sliwoski teams on Latin America and Spain matters. Fred also provides advice to cannabis industry participants and other businesses on import and export transactions. Fred is an ardent supporter of FC Barcelona—and would be even in the absence of Catalan forebears who immigrated to Puerto Rico in the mid-1800s. Harris Sliwoski Attorney Read more posts [email protected] Read More Legal News Related Posts September 15, 2026 Your AI-Drafted China Contract Says It Needs a Lawyer. Listen to It. 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