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《取消外国公文书认证要求的公约》英文原文

CONVENTION ABOLISHING THE REQUIREMENT OF LEGALISATION FOR FOREIGN PUBLIC DOCUMENTS

 (Concluded 5 October 1961) 

The States signatory to the present Convention,

Desiring to abolish the requirement of diplomatic or consular legalisation for foreign public documents, Have resolved to conclude a Convention to this effect and have agreed upon the following provisions:

Article 1

The present Convention shall apply to public documents which have been executed in the territory of one Contracting State and which have to be produced in the territory of another Contracting State. For the purposes of the present Convention, the following are deemed to be public documents:

a) documents emanating from an authority or an official connected with the courts or tribunals of the State, including those emanating from a public prosecutor, a clerk of a court or a process-server ("huissier de justice");

b) administrative documents;

c) notarial acts;

d) official certificates which are placed on documents signed by persons in their private capacity, such as official certificates recording the registration of a document or the fact that it was in existence on a certain date and official and notarial authentications of signatures.

However, the present Convention shall not apply:

a) to documents executed by diplomatic or consular agents;

b) to administrative documents dealing directly with commercial or customs operations.

Article 2

Each Contracting State shall exempt from legalisation documents to which the present Convention applies and which have to be produced in its territory. For the purposes of the present Convention, legalisation means only the formality by which the diplomatic or consular agents of the country in which the document has to be produced certify the authenticity of the signature, the capacity in which the person signing the document has acted and, where appropriate, the identity of the seal or stamp which it bears.

Article 3

The only formality that may be required in order to certify the authenticity of the signature, the capacity in which the person signing the document has acted and, where appropriate, the identity of the seal or stamp which it bears, is the addition of the certificate described in Article 4, issued by the competent authority of the State from which the document emanates. However, the formality mentioned in the preceding paragraph cannot be required when either the laws, regulations, or practice in force in the State where the document is produced or an agreement between two or more Contracting States have abolished or simplified it, or exempt the document itself from legalisation.

Article 4

The certificate referred to in the first paragraph of Article 3 shall be placed on the document itself or on an "allonge"; it shall be in the form of the model annexed to the present Convention. It may, however, be drawn up in the official language of the authority which issues it. The standard terms appearing therein may be in a second language also. The title "Apostille (Convention de La Haye du 5 octobre 1961)" shall be in the French language.

Article 5

The certificate shall be issued at the request of the person who has signed the document or of any bearer. When properly filled in, it will certify the authenticity of the signature, the capacity in which the person signing the document has acted and, where appropriate, the identity of the seal or stamp which the document bears. The signature, seal and stamp on the certificate are exempt from all certification.

Article 6

Each Contracting State shall designate by reference to their official function, the authorities who are competent to issue the certificate referred to in the first paragraph of Article 3. It shall give notice of such designation to the Ministry of Foreign Affairs of the Netherlands at the time it deposits its instrument of ratification or of accession or its declaration of extension. It shall also give notice of any change in the designated authorities.

Article 7

Each of the authorities designated in accordance with Article 6 shall keep a register or card index in which it shall record the certificates issued, specifying:

a) the number and date of the certificate,

b) the name of the person signing the public document and the capacity in which he has acted, or in the case of unsigned documents, the name of the authority which has affixed the seal or stamp.

At the request of any interested person, the authority which has issued the certificate shall verify whether the particulars in the certificate correspond with those in the register or card index.

Article 8

When a treaty, convention or agreement between two or more Contracting States contains provisions which subject the certification of a signature, seal or stamp to certain formalities, the present Convention will only override such provisions if those formalities are more rigorous than the formality referred to in Articles 3 and 4.

Article 9

Each Contracting State shall take the necessary steps to prevent the performance of legalisations by its diplomatic or consular agents in cases where the present Convention provides for exemption.

Article 10

The present Convention shall be open for signature by the States represented at the Ninth Session of the Hague Conference on Private International Law and Iceland, Ireland, Liechtenstein and Turkey. It shall be ratified, and the instruments of ratification shall be deposited with the Ministry of Foreign Affairs of the Netherlands.

Article 11

The present Convention shall enter into force on the sixtieth day after the deposit of the third instrument of ratification referred to in the second paragraph of Article 10. The Convention shall enter into force for each signatory State which ratifies subsequently on the sixtieth day after the deposit of its instrument of ratification.

Article 12

Any State not referred to in Article 10 may accede to the present Convention after it has entered into force in accordance with the first paragraph of Article 11. The instrument of accession shall be deposited with the Ministry of Foreign Affairs of the Netherlands.

Such accession shall have effect only as regards the relations between the acceding State and those Contracting States which have not raised an objection to its accession in the six months after the receipt of the notification referred to in sub-paragraph d) of Article 15. Any such objection shall be notified to the Ministry of Foreign Affairs of the Netherlands.

The Convention shall enter into force as between the acceding State and the States which have raised no objection to its accession on the sixtieth day after the expiry of the period of six months mentioned in the preceding paragraph.

Article 13

Any State may, at the time of signature, ratification or accession, declare that the present Convention shall extend to all the territories for the international relations of which it is responsible, or to one or more of them. Such a declaration shall take effect on the date of entry into force of the Convention for the State concerned.

At any time thereafter, such extensions shall be notified to the Ministry of Foreign Affairs of the Netherlands.

When the declaration of extension is made by a State which has signed and ratified, the Convention shall enter into force for the territories concerned in accordance with Article 11. When the declaration of extension is made by a State which has acceded, the Convention shall enter into force for the territories concerned in accordance with Article 12.

Article 14

The present Convention shall remain in force for five years from the date of its entry into force in accordance with the first paragraph of Article 11, even for States which have ratified it or acceded to it subsequently.

If there has been no denunciation, the Convention shall be renewed tacitly every five years.

Any denunciation shall be notified to the Ministry of Foreign Affairs of the Netherlands at least six months before the end of the five year period.

It may be limited to certain of the territories to which the Convention applies.

The denunciation will only have effect as regards the State which has notified it. The Convention shall remain in force for the other Contracting States.

Article 15

The Ministry of Foreign Affairs of the Netherlands shall give notice to the States referred to in Article 10, and to the States which have acceded in accordance with Article 12, of the following:

a) the notifications referred to in the second paragraph of Article 6;

b) the signatures and ratifications referred to in Article 10;

c) the date on which the present Convention enters into force in accordance with the first paragraph of Article 11;

d) the accessions and objections referred to in Article 12 and the date on which such accessions take effect;

e) the extensions referred to in Article 13 and the date on which they take effect;

f) the denunciations referred to in the third paragraph of Article 14.

In witness whereof the undersigned, being duly authorised thereto, have signed the present Convention.

Done at The Hague the 5th October 1961, in French and in English, the French text prevailing in case of divergence between the two texts, in a single copy which shall be deposited in the archives of the Government of the Netherlands, and of which a certified copy shall be sent, through the diplomatic channel, to each of the States represented at the Ninth Session of the Hague Conference on Private International Law and also to Iceland, Ireland, Liechtenstein and Turkey.

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签发附加证明书的主管机关及办理流程

 

中国外交部是签发附加证明书的主管机关，为本国境内出具的公文书签发附加证明书。受外交部委托，中国相关地方人民政府外事办公室可为本行政区域内出具的公文书签发附加证明书（具体名单见附件1）。

中国附加证明书将使用贴纸形式，加贴银色国徽印鉴。中国外交部以及各相关地方外办签发的附加证明书支持在线核验，具体可登录http://consular.mfa.gov.cn/VERIFY/。

办理附加证明书的具体程序和要求请登录中国领事服务网（网址：https://cs.mfa.gov.cn/）或各地方外办相关网站查询。

签发附加证明书的地方外办人民政府外事办公室名单

（共31家）

安徽省、重庆市、福建省、广东省、广西壮族自治区、贵州省、河南省、黑龙江省、湖北省、湖南省、海南省、吉林省、江苏省、江西省、辽宁省、四川省、山东省、上海市、陕西省、云南省、浙江省、甘肃省、河北省、山西省、内蒙古自治区、长春市、哈尔滨市、宁波市、济南市、青岛市、深圳市

 

缔约国一般指定外交部或内政部作为签发附加证明书的主管机关，以新西兰为例，中华人民共和国驻新西兰大使馆公告，自11月7日起，该使馆将停办领事认证业务。对于新西兰出具的拟送往中国内地使用的文书，请向新西兰主管机关申办附加证明书。

新西兰内政部是办理新西兰附加证明书的主管机构。地址：45 Pipitea Street, Wellington 。邮寄地址：Department of Interior, PO BOX 10526, Wellington 6140, New Zealand，电话：+64 (4) 460 2221，电子邮件：auth.unit@dia.govt.nz，网址：www.govt.nz/authentications。

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适用的公文书

就适用的公文书而言，具体包括四项内容：

（1）与一国法院或法庭有关的机关或官员发出的文书，包括检察官、法院书记官以及执行员发出的文书。此处的法院或法庭为广义理解，包括司法法院、行政和宪法法院或法庭，宗教法院或法庭。

（2）行政文书。典型的行政文书包括出生、死亡和婚姻证明，公司登记、财产登记、人口登记、知识产权登记，教育证书、许可证书、医疗和健康证书；刑事犯罪和警察记录等。

（3）公证书。在大多数普通法系国家，公证为一种法律职业，是公证机关或公证人以官方身份证明一定事实的活动。而公证书即为由当地公证机构或国际公证人出具的、记录一定事实发生的证明活动的文书。我国内地公证制度以公证机构为本位，公证员以公证处为执业场所办理公证业务。而香港的公证实行以公证人为本位的制度，其执业机构为律师事务所等。

（4）以私人身份签署的放在文件上的正式证书，诸如登记批准书、日期签证及签字证明书。以私人身份所签署文件的证书不是指以私人身份作成的处理私人事务的文书本身，而是指附在其上的官方证明书。例如，对某个文件的注册或其在某日存在的事实进行记录的官方证书，以及对签字的官方证明和公证证明。而能否对个人以私人身份签署的文件发出官方证明书，则由原始国的法律决定。

排除适用的公文书

就排除适用的公文书而言，具体包括两项内容：

（1）外交或领事人员做成的文书。根据《维也纳领事关系公约》第5条的规定，一国驻他国的外交或领事机关具有其本国的公证职能。实践中，外交或领事人员做成的文书真实性本身就得到各国认可，即被视为已经证明的文书，不需要经过再次认证。故公约没必要适用该类文书。

（2）直接处理商务交易或关税事务的行政文书[20]。这是世界贸易组织简化认证的要求]。如签发国最常用的原产地证书或进出口许可证[22]，在实践中往往不需要对这类文书的签字或盖章进行认证，而需要进一步对实质内容进行核实。故该类文书的认证没必要适用《海牙取消认证公约》。