China No Longer Needs Embassy Attestation – Apostille is valid

Have you ever struggled with getting documents attested for use in China? Earlier, the process used to be quite complex and time-consuming as it involved embassy attestation by the Chinese Consulate. 

But there’s good news! On November 7, 2023, China acceded to the Apostille Convention. This has significantly simplified document legalization for foreign individuals and businesses. 

This means you can now bypass the old embassy attestation process and use a faster, more convenient method for getting your documents recognized in China — the Apostille process. 

Note: China deposited its instrument of accession on 8 March 2023 and it came into effect on 7 November 2023. Source: https://www.hcch.net/en/news-archive/details/?varevent=947 

The Old Way (Before November 7, 2023)

Imagine you have a document issued in another country (like India) and want to use it in China. Previously, you had to go through a process called “embassy attestation.” This involved several steps:

• Notarization: Getting your document stamped by a notary public in India.
• Local Government Verification: Verifying your documents with the Sub-divisional Magistrate, State Home Department, Chamber of Commerce (CoC), Human Resources Department.
• MEA Verification: Presenting your verified document to the Ministry of External Affairs (MEA) for Indian Level verification. 
• Embassy Legalization: Having the Chinese embassy or consulate in your country officially approve the MEA-stamped document.

This process was time-consuming and expensive, taking weeks or even months.

The New Way (After November 7, 2023):

Thanks to China joining the Apostille Convention — now things are much simpler! Here’s the new approach:

• Notarization
• Local Government Verification by CoC/ SDM/ HRD/ Home Department 
• Apostille by MEA: Instead of embassy attestation, you can get an apostille for your document. An apostille is a special stamp issued by the Ministry of External Affairs. This is the final step in document legalization. 

Benefits of Apostille: This process is usually faster than embassy attestation.

What Does This Mean for You?

If you have documents from a country that’s part of the Apostille Convention (including most Western countries and India), you can now use the easier apostille process for China. This is helpful for:   

• Business: Documents like certificates of incorporation and board resolutions can be apostilled for use in China.   
• Legal Matters: Proof of authority for foreign companies in Chinese courts can now be apostilled.
• IP Protection: Documents related to intellectual property (like patents) can also benefit from the apostille system.

Fact Check: Is Consular Attestation Still Valid for China? 

Yes. Both Attestation and apostille are valid in China. The need for either process depends upon 

• Your visa type and requirements
• The purpose of your visit
• Guidelines given by the Chinese embassy

So the need for an apostille or China embassy attestation is dependent on your requirements. 

Important Notes:

• Not all documents will require an apostille. Check with the Chinese authority that will receive your document for specific requirements.
• Many private documents like affidavits and powers of attorney will still need notarization before apostille.