What are the Requirements of the Consular Authentication for Your Documents in China?

I.    The format of foreign-related notarial certificate

According to the relevant provisions of Notarization Law in China, foreign-related notary certificates can only be issued by foreign-related notarial office. There are special provisions in the testimony, format, paper and other aspects, and the relevant foreign language translation must be included. Ordinary notarial certificate can not apply for consular authentication, and can not be sent to foreign countries for use, either.

II.    Timeliness of foreign-related notarial certificate

The authenticity of fact or relationship between rights and obligations involved in some kinds of foreign-related notarial certificate is variable, such as marital status, being unaffected by criminal sanction, consignation and authorization etc.. Therefore, before applying for domestic consular authentication, please first check whether the content involved in foreign-related notarial certificate is true and effective. If the notarial certificate has expired, it is necessary to re-apply for notarization first and then the consular authentication.

III. Requirements of the consular authentication of the foreign embassies in China for the relevant documents 

 (I) Different countries have different requirements for the foreign-related notarial certificates, relevant certificates or documents sent to their countries for use. When you present an application to foreign-related notarial office for notarial certificates, countries that documents intend to be sent to, purpose of use and other relevant information should be told clearly so that to the notarial institution can issue right certificates.

 (II) Different countries have different provisions on timeliness of all kinds of notarial certificates, for example Italy requires that the notarial certificate of marriage is valid for a period of 3 months, Argentina requires that the notarial certificate of being unaffected by criminal sanction is valid for a period of 2 months, and Austria requires that the notarial certificate of being unaffected by criminal sanction is valid for a period of 1 month. In view of this, please apply for the consular authentication in accordance with relevant requirements and needs in a timely manner, and use it as soon as possible.

 (III) If you need to know specific requirements of various countries for notarial certificate, you can refer to Regulations and Charging Standards of the Consular Authentication of the Foreign Embassies in China and Information on Consular Authentication in the website of the Ministry of Foreign Affairs.

III.    Provisions of authentication withheld 

Consular authentication is the activities of a diplomatic or consular institution in the name of the state promoting and confirming documents. Therefore, when your documents contains the part in violation of laws and regulations in our country and the country the documents shall be sent to for use, undermining China's sovereignty and dignity, and social public interests, authentication authority has the right to withhold the authentication. At the same time, foreign-related notarial certificate, relevant certificates and documents that are not in conformity with relevant provisions of Notarization Law and Rules of Notarization Procedures shall not be certified. The interpretation right of consular authentication shall be owned by the Ministry of Foreign Affairs.

 

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