Guidelines for Authentication
2015-03-04 10:03

Consular authentication refers to the activity that the consular authentication agency confirms the authenticity of the last seal and signature on domestic foreign-related notarial certificates, other certification documents, or foreign related documents based on the application of natural persons, legal persons or other organizations.


The purpose of consular authentication (legalization) is to ensure that notarial deeds issued in one country can be acknowledged by relevant authorities in another country, and the deeds can have its due legal effect, which shall not be affected by doubts on the authenticity of the seal or signature on the deeds.


Consular authentication does not perform the function of certification for matters certified by notarial deeds or other certification documents, and is not responsible for the authenticity and legality of the content of the document itself. The content of the document is the responsibility of the document issuing agency.



***On March 8th, 2023, China acceded to the 1961 Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (hereinafter referred to as “the Convention”). Since November 7th, 2023, the Convention has entered into force between China and the United States.

Starting from November 7th, 2023, public documents within the scope of the Convention issued by the U.S. only need to apply for U.S. apostilles and then can be sent to the Chinese Mainland for use. There is no need to apply for consular authentication by the Chinese Embassy or Consulates-Generals in the U.S.

Starting from November 7th, 2023, the Chinese Embassy and Consulates-Generals in the U.S. have ceased consular authentication services. For documents issued by the U. S. and intended to be used in the Chinese Mainland, please apply for apostilles from the U.S. competent authorities (For contact information, please refer to https://www.hcch.net/en/states/authorities/details3/?aid=353 ).


#Relevant steps for applying for Apostilles for reference:

Step 1: Confirm the types of documents you need, such as power of attorney (e.g. property sale authorization, litigation entrust, etc.), declarations (e.g. abandonment of inheritance rights, no spouse declaration, same person declaration), etc.

Step 2: Confirm the notaries in your state who are qualified for doing notarization, and notarize relevant documents (such as notarization of power of attorney, notarization of declarations, etc.) .

Step 3: Go to the corresponding state government with the notarized documents to apply for the Apostille. Please note that different state governments have different methods for processing Apostille, including mailing application, on-site application, online preview, etc. Please confirm in advance;

    Step 4: After completing the Apostille, you can directly use it in Chinese Mainland. There is no need to apply for any other document at the Chinese Consulate General .



I. Procedures for authentication


1. Have your document notarized by a local notary public unless it is an original certified copy/certification issued by a competent Federal/ State/local Office. A certified copy needs to be authenticated if the document is a birth certificate, death certificate, marriage certificate, court document, back ground check, name-changing paper, certificate of incorporation/good standing or other document or certificate issued by Federal/State government.


2. The document needs further to be authenticated by the Secretary of State where it is executed. Some states require that the document be certified by the County Clerk first. For Federally issued certifications, skip this step, send them to the Authentication Office of the State Department for authentication.


3. If one of the Chinese Consulate-Generals holds consular jurisdiction(click to check our service area map)over your state, you may submit your document to that Consulate-General for final legalization; if not, please get your document authenticated by the U. S. State Department before the Chinese Embassy can finally legalize it. (Please note that your legalization application may be rejected by the Embassy/Consulate General that does not hold consular jurisdiction over the state where your document is executed.)


II. Basic Documents and Requirements


1. One duly completed and signed Application Form of Consular Legalization of the Embassy/Consulate of the People's Republic of China(Please fill out on computer, then print and sign). Applicants need to sign the application form with wet signature in Section 8 of the application form.( Please note that two signatures are required). If applications are submitted by agents, the agents also need to sign the form.

To legalize Death Certification, please fill out the Application Form of Legalization for Death Certificate.

2. The original and the photocopy of the documents to be authenticated.

3. If the application is submitted by the applicant him/herself, the applicant needs to provide a photocopy of his/her valid passport or ID. (For Chinese applicants, please provide valid Chinese passport; For American applicants, please provide valid passport or driver's license; For applicants of other countries, please provide the valid passport). 


4.If your application is submitted by an agent, please complete Section 7 on the application form and include one copy of the applicant's valid passport as well as the original and photocopy of the agent's passport/driver's license.

5.If business licenses need to be legalized, please submit legal representative’s passport or driver’s license copy and company documents that can prove his identity.

6. Other supporting documents a consular officer may request.

Additionalrequirements for particular documents besides the basic documents listed above:


Documents 

to be Authenticated

Documents needed

Precautions

Marriage Certificate

1. Application Form

2. Original and copy of the documents that have been authenticated by the State Department/Secretary of State.

3. photocopies of the IDs of both parties of the marriage.

4. If submitted by agents, please provide their ID copies.

The application should be submitted by one or both parties of the marriage as the applicant.

Birth Certificate

1. Application Form

2. Original and copy of the documents that have been authenticated by the State Department/Secretary of State.

3. If submitted by agents, please provide their ID copies.

The application should be submitted by the legal guardian of the child. 

Please use the information of the child as the applicant 

and that of the guardian as the agent in the application form.

If the guardian entrusts an agent to apply on their behalf, the agent should provide his ID copy, his contact information and relationship with the guardian.

Death Certificate

1. Completed Application Form of Legalization for Death Certificate.

2. Original and copy of the documents that have been authenticated by the State Department/Secretary of State.

3. Relationship certificate; photocopies of IDs of the decedent and the near relative.

4. If the near relative entrusts an agent to submit the application, a POA from the near relative and ID copy of the agent are required.

The  application should be submitted by a near relative(as the agent) of the  decedent. 

Business Documents

1.Application Form

2.Original and copy of the documents that have been authenticated by the State Department/Secretary of State.

3.The certificate of registration or Good-standing of the company/organization.

4.The ID photocopy of the 

company/organization Legal Representative.

5.If submitted by agent, an ID copy of the agent need to be provided.

6.If documents is related to major matters of the company, the agent should submit a POA or reference letter issued by the legal representative.

The application should be 

submitted by the company/organization which is the lawful holder of the documents.


***Please note:

1. Statements and power of attorney documents need to be pre-notarized the authenticity of signature.

2. For certificate documents (such as U.S. passport, U.S. visa, U.S. "green card", birth certificate, academic certificate, etc.), please provide a separate letter of commitment signed by the applicant (promising that the original of the relevant certificate is true), the original of the relevant certificate and a photocopy; or pre-notarize the authenticity of the original document.


III. Notes:


1. Your document must be authentic, intact and legitimate. The Embassy/Consulate General will NOT authenticate a document that contains illegal contents under Chinese laws or may cause potential threats to China's national or public interests.


2. A document containing two or more pages must be bound properly and securely, with sealing wax or paging seal/embossed seal to ensure the integrity of the document. The Embassy/Consulate General will NOT authenticate a document if it is found illegitimate, or in any way forged, counterfeited, fraudulent or altered.


3. Single status affidavits/certificates intended to be used for marriage registration in China are only valid for six months from the date of issuance. The Embassy/Consulate General will NOT authenticate a document if it becomes invalid.


4. The Embassy/Consulate General will NOT authenticate Chinese passports, Chinese Resident Identity Cards, Chinese Driver's Licenses or other documents issued by Chinese domestic authorities.


5. Documents legalized by the Embassy/Consulate General shall not be disassembled or altered. The applicant shall bear all responsibilities and legal liabilities arising from disassembly and alteration of documents.

IV. Howto Apply

1. You may submit your application in person, or use an agent. Please note that you may be required to come to the Visa Office in person to have an interview as deemed necessary by a consular officer.


2. Walk-in service is available during office hours. Appointment is NOT required for submission or collection of your authentication documents. You or your agent will be able to pick up your documents on the date printed on your Pick-up slip, unless otherwise notified by the Visa Office. Mail-back document service is NOT provided.


3. Mail-in or fax applications is not accepted.


4. The authentication fee must be paid once your application is processed and approved.

V. Processing Time

Regular service: 4 business days

Express service: 3 business days

Rush service: 2 business day. Available only in extreme emergencies and subject to approval by the consular officer.

Note: The above processing time is average and for reference only. Some applications may require longer processing time that a pick-up date cannot be confirmed until notified by the Visa Office. 

VI. Fees


1. Regular Service

2. For Chinese applicants:

3. Civil documents: $8 per item

4. Commercial documents: $16 per item

5. For applicants of other countries:

6. Civil documents: $25 per item

7. Commercial documents: $50 per item

8. Express Service: an additional fee of $25 per item

9. Rush Service: an additional fee of $37 per item

VII. Methods of Payment


1. You must pay your authentication fee upon collection of your documents.


2. Acceptable methods of payment are: credit card (Visa, Mastercard only), or money order, cashier's check. 


3. Please make sure you have the exact and correct amount written on your check/money order. No erroneous check will be accepted.


4. Cash, personal check or online payment is NOT accepted. No credit card other than a Visa or Mastercard is accepted.