Apostille or Legalisation for China From Australia

Australian public documents within the Apostille Convention now use a DFAT apostille for mainland China instead of Chinese embassy legalisation. The Convention took effect between Australia and China on 7 November 2023. Private documents generally need an Australian notarial act first. Confirm the document, translation and timing requirements with the Chinese receiving authority.

Key takeaways

• For documents within the Convention's scope, the old chain of notary, DFAT authentication, Chinese embassy legalisation has been replaced by notary (where needed), then a DFAT apostille.
• Hong Kong and Macao were covered by the Convention long before the mainland joined, and are handled separately. Know which one your document is going to.
• The Convention excludes documents dealing directly with commercial or customs operations, so some trade documents may still follow a different route.
• Do not assume a nationwide translation rule. China's official notice says the receiving authority decides whether a translation is required and what form it must take.
• A receiving authority may set its own validity period. Ask for that period in writing before ordering certificates or paying for legalisation.

Why did the answer change in November 2023?

For many years, documents going to mainland China could not be apostilled. The chain was: notarise, authenticate at the Department of Foreign Affairs and Trade (DFAT), then legalise at the Chinese embassy or a consulate-general. Three steps, three fees, and a consular stage the applicant did not control.

The HCCH status table records China's accession on 8 March 2023, with the Convention in force for China from 7 November 2023. At our last check, India had objected to China's accession, so the Convention does not operate between those two states. Australia had not objected. Membership and objections can change, so check the table on the day.

The Chinese Embassy's official notice says Australian public documents within the Convention's scope need an Australian apostille and no longer need consular authentication by the Chinese Embassy or consulates-general. An apostille verifies the relevant signature, capacity and seal; the Chinese receiving authority still decides format, content, timing and translation requirements.

An apostille is a certificate DFAT attaches to an Australian public document to confirm the signature and seal on it. It says nothing about the contents. Only DFAT issues one in Australia; a notary cannot. For the wider picture, see the Hague Apostille Convention explained.

Are mainland China, Hong Kong and Macao treated alike?

This distinction causes more confusion than any other for China. Hong Kong and Macao were covered by the Apostille Convention long before the mainland joined, and they have their own authorities and requirements. For years, documents for Hong Kong followed apostille rules while documents for the mainland did not. Now all three generally take an apostille, but they remain separate destinations.

Tell DFAT, the notary and any translator which destination you mean. Do not infer a language rule from the destination alone: ask the particular authority whether it accepts the document as issued, requires a translation, specifies a script or language, or recognises only certain translators. For Hong Kong specifically, see apostille for Hong Kong.

What is the current document chain?

If the apostille route applies to your document and destination:

1. Notarise in Australia, if the document is private: a power of attorney, a declaration, a company resolution, or a certified copy.
2. DFAT apostille, on the notary's signature or on the original public document.
3. Translation, if required, in the language, order and form the receiving authority specifies.

Australian public documents, such as birth, marriage and death certificates, single status or no-record certificates, court documents including divorce certificates, and national police checks, are on DFAT's list of originals it can legalise, so step 1 may not apply. DFAT refuses laminated or altered certificates. Confirm with DFAT for your document; which documents can be apostilled covers the categories.

When might a different route apply?

Two situations call for confirmation rather than an automatic apostille:

• The document may be outside the Convention. The Convention says it does not apply to administrative documents dealing directly with commercial or customs operations, such as some certificates of origin. Ask DFAT and the Chinese receiving body which route applies; see certificates of origin.
• A Chinese body asks for embassy legalisation. Ask the body to confirm the request in writing and show it the current official notice. Chinese missions in Australia say they stopped consular authentication services from 7 November 2023. If the document is outside the Convention, ask the authority and the relevant Chinese mission what alternative procedure applies; do not assume the former three-step chain remains available.

An apostille and a DFAT authentication certificate are different, and one does not convert into the other. Confirm the correct certificate before lodging; see what happens with the wrong certificate type. A request for an obsolete embassy step should be resolved with the receiving authority before you spend money.

Who decides whether a translation is required?

The Chinese receiving authority decides whether a translation is required, which language or script it must use, who may prepare it and whether the apostille must be translated. Do not treat Simplified Chinese or a particular translator type as an automatic nationwide rule. Two questions prevent avoidable rework:

• Will the authority accept a translation prepared in Australia, and does it require a particular translator or agency?
• Must the translation cover the notarial certificate and apostille as well as the underlying document?

Ask both questions explicitly. The answers decide whether you translate before or after the apostille, and translating in the wrong order means paying twice. If the receiving body accepts a translation made in Australia and wants it apostilled with the document, DFAT will only legalise one by a NAATI certified or recognised translator, with name, signature, NAATI seal and date on every page. See NAATI-certified translation with a notary.

Which documents are commonly prepared?

Purpose	Typical documents	Australian route
Marriage registration	Birth certificate, single status evidence	Registry originals to DFAT; a declaration of single status via a notary
Work permit	Degree, national police check	University-verified degree or notarised copy stating verification; police check to DFAT
Company matters	ASIC extract, board resolution, power of attorney	ASIC documents to DFAT; resolutions and powers of attorney via a notary
Study	Transcript, testamur, institution letter	University-verified original, or a notarised copy stating verification
Property or inheritance	Power of attorney, death certificate, probate	Notary for the power of attorney; registry and court originals to DFAT

For single status, the receiving body decides what it accepts: a registry certificate, a declaration made before a notary, or both. An Australian notary cannot certify that you are unmarried; the notary witnesses your declaration after checking your identity. For university documents, DFAT apostilles an original once the university has verified it, or a notarised copy only if the notary's certificate states that the original was verified with the institution.

How are powers of attorney and company documents prepared?

A power of attorney for property, banking or a family matter in China, and company documents for a subsidiary, representative office or joint venture, are private documents, so they are commonly signed or certified before an Australian notary and then apostilled. Before signing, ask the Chinese lawyer, bank or registry for its preferred wording, whether it wants a bilingual document and when translation should occur. If you do not read text you are asked to sign, tell the notary in advance; an interpreter may be necessary. For company documents, expect to provide evidence of the company and the signer's authority, such as an ASIC record and board resolution. The notarial service is separate from advice on Chinese law, so obtain Chinese legal advice where the document's effect or wording is uncertain. For the Australian side, see power of attorney and legal declarations.

Does the document need to be recently issued?

An apostille does not extend a document's validity. A Chinese receiving authority may impose its own issue-date or validity window, particularly for evidence of current status. The official Chinese notice expressly directs applicants to ask the receiving authority about time limits. Obtain the precise window in writing before ordering a new certificate or starting the chain; do not assume that every civil document expires after the same period.

Can this be arranged while you are in China?

An Australian document must be apostilled in Australia, by DFAT, even if you are living in China. If you need to sign something, such as a power of attorney, you may be able to sign before an Australian consular officer in China, or someone in Australia can lodge a registry certificate with DFAT on your behalf. Ask the receiving body which it accepts, and check DFAT's current lodgement options. See getting an apostille from overseas.

Which mistakes cost time?

• Following an older guide and asking DFAT for authentication for a Convention document.
• Preparing a document for Hong Kong and sending it to a mainland body, or the reverse.
• Paying for a NAATI translation before asking whether a translator in China is required.
• Translating before the apostille when the receiver wanted the apostille translated too.
• Apostilling an old certificate when the receiver set a recency window.

What does the current route look like in practice?

A Melbourne engineer offered a job in Shanghai is told by the employer's agent to "notarise, authenticate and legalise" his degree and police check. He asks the employer's HR team to check with the local authority, which confirms an apostille is now enough. His university verifies his degree, a notary certifies a copy stating that verification, and DFAT apostilles it; the police check goes to DFAT directly. The employer arranges the Chinese translation in Shanghai, covering the apostilles, and he skips the embassy step entirely.

How much does the China document process cost?

The total can include the Australian notarial act, DFAT's apostille fee, travel or courier charges, translation, extra originals or certified copies, and any professional advice required in China. A company signing, multiple signers or institutional verification can add work. Ask for an itemised estimate after providing the document type, destination authority, number of signers and copies, location and deadline. Check DFAT's current fee rather than relying on an old figure.

What should you remember?

Mainland China takes an apostille, on our last check, since 7 November 2023, so the Australian chain is a notary where needed, then DFAT, with no embassy step for Convention documents. Keep Hong Kong and Macao separate, ask whether a commercial document is in scope, and settle the translation and recency window before you start. More on the service is at apostille and authentication.

Related questions

• How do I apostille documents for Hong Kong?
• Which China visa documents need a notary?
• Can a notary certify Chinese documents in Australia?
• When does a consulate legalise a document?
• What if my name differs across documents?

Sending documents to China? Send us the document type, the Chinese authority's written instructions, destination, signer and copy numbers, your location and deadline. We can explain the Australian notarial and DFAT steps before you book.