Since 7 November 2023, mainland China has been a party to the Hague Apostille Convention. An Australian document for use in mainland China can now generally be notarised by a notary public in Melbourne (where it is not already an Australian public document) and apostilled by the Department of Foreign Affairs and Trade (DFAT), without legalisation by the Chinese Embassy or a Chinese Consulate-General. The Chinese diplomatic missions in Australia ceased providing consular legalisation for such documents when the Convention took effect. Hong Kong and Macao had already applied the Convention for many years, so the apostille route also applies to documents for use there.
The legal framework
The status table of the Hague Conference on Private International Law records that the Convention entered into force for China on 7 November 2023. An apostille confirms the authenticity of the Australian notary’s signature and seal; it does not confirm the contents of the document, and Chinese authorities retain the right to apply their own requirements as to form, content and translation.
Within China, documents relating to property, inheritance, banking and litigation are examined by Chinese notary offices, real estate registration centres, banks and the People’s Courts. Each may have particular expectations about wording, the inclusion of the signatory’s identification, and a Chinese translation by a recognised translation agency.
Documents commonly notarised for China
- Powers of attorney (委托书) for the sale, purchase or management of property, for dealing with bank accounts, and for litigation.
- Declarations and statements (声明书) for inheritance (继承), including renunciations of inheritance rights.
- Certified copies of Australian passports, citizenship certificates and birth, marriage, divorce and death certificates.
- Declarations of relationship, single status or no criminal record, where required.
- Company documents for Chinese counterparties, registration of foreign-invested enterprises and court proceedings.
The process
- Obtain the required text. The Chinese lawyer, notary office, bank or court should provide the wording, which is often bilingual.
- Notarisation in Melbourne. The signatory attends with their passport and any Chinese identity documents and signs before the notary.
- Apostille. The notarised document is lodged with DFAT for an apostille.
- Translation and use in China. The original is sent to China, where a Chinese translation may be required before it is accepted.
The Chinese Consulate-General in Melbourne
Because Chinese consular legalisation has ended for Australian public documents, it is no longer necessary to lodge documents for mainland China with the Chinese Consulate-General in Melbourne. The Consulate-General continues to provide consular services to Chinese citizens in its consular district, such as passport and travel document services, and Chinese citizens may in some cases be able to use consular notarial services for particular documents. Visa applications for travel to China are generally lodged through the Chinese Visa Application Service Center rather than at the Consulate-General itself. Procedures and appointment systems change, so the official websites should be checked before attending.
Some Chinese banks, notary offices and agencies still refer to consular legalisation in older written guidance. Where that happens, the apostille route should be confirmed with the recipient directly before the document is signed.
Common issues
- Outdated guidance. Instructions from Chinese institutions referring to consular legalisation may predate November 2023. The apostille route should be confirmed with the recipient.
- Name consistency. Chinese characters, pinyin and English names should match the passport and any former Chinese identity documents. Former Chinese citizens may need to explain a change of nationality.
- Inheritance matters. Chinese notary offices often require evidence of every heir’s relationship to the deceased. Multiple declarations from family members in Australia may be required.
- Taiwan. Documents for use in Taiwan follow a separate authentication process, as Taiwan is not covered by China’s participation in the Convention.
What to bring
- The unsigned document, in Chinese and English where bilingual.
- Current passport and any Chinese identity card, household registration or former passport, if relevant.
- Original certificates where certified copies are required.
How we can assist
Our notary public notarises documents for use in mainland China, Hong Kong and Macao, and our office can review Chinese-language instructions in Mandarin or Cantonese. The firm also advises on Australian estates and family matters with assets in China. Consular information is available from the Consulate-General of the People’s Republic of China in Melbourne.
Frequently asked questions
Does the Chinese Consulate in Melbourne still legalise documents?
No, not for most Australian public documents. Mainland China joined the Hague Apostille Convention on 7 November 2023, and the Chinese diplomatic missions in Australia ceased consular legalisation from that date. A notarised document now generally needs only an apostille from DFAT for use in mainland China.
How do I get a document notarised for use in China?
Obtain the required wording from the Chinese recipient, sign the document before a notary public in Melbourne with your passport and any Chinese identification, and lodge the notarised document with DFAT for an apostille. Then send the original to China, where a Chinese translation may be required.
Does the apostille route apply to Taiwan, Hong Kong and Macao?
Documents for Taiwan follow a separate process and are not covered by mainland China’s accession to the Apostille Convention. Hong Kong and Macao, by contrast, have applied the Convention for many years, so the apostille route also applies to documents for use there.
Notarial services at Chua Tan Associates are provided by our notary public, Kin Wee Chua. Our Melbourne office is at Level 2, 262 Queen Street. To arrange an appointment, please call +61 3 9602 3988 or email chuatan@tpg.com.au. This article provides general information only; requirements are set by the receiving country and may change, so please confirm them with the recipient of your documents.
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