Apostille and consular legalization of documents in Serbia

Schmidt & Schmidt covers the full spectrum of legalization services for documents issued in Serbia.

Serbia joined the Hague Convention on the Simplified Authentication of Documents on 26 April 2001; the Convention entered into force on 27 April 1992.

The apostille, or the “Hague apostille” is a certificate that authenticates the origin of a public document (e.g., a birth, marriage or death certificate, a judgment, an extract of a register or a notarial attestation). It confirms the authenticity of the signature and the authority of an official who signed the public document.

Documents issued in Serbia are certified with an apostille in accordance with the Hague Convention of 1961 are recognized in all Member States of the Hague Convention and do not require any other form of certification, such as consular legalization, which considerably reduces the costs and time required for the certification of documents. So far, more than 120 states have joined the Convention.

The apostille is not sufficient for use in the states that are not party to the Hague Convention. In this case, consular legalization applies to a public document.

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Designated Competent Apostille Authorities in Serbia

In Serbia, the designated Competent Authority(ies) responsible for issuing apostilles are:

• Courts of first instance
• Ministry responsible for the administration of justice

Apostille certificates in Serbia are issued by the ordinary (basic) court. These courts are authorized to issue apostilles for public documents that are drawn up, issued, or certified by authorities within their jurisdiction. The apostille is signed by the president of the Municipal Court or a judge authorized by them, and it is affixed with the seal of the respective court.

The apostille in Serbia is a square stamp in Serbian with the obligatory heading "Apostille" and a reference to the 1961 Hague Convention in French (Convention de La Haye du 5 octobre 1961). The apostille certificate’s sides will be at least 9 centimeters long.

Types of documents

Specific aspects and document requirements for the apostille in Serbia

The apostille process can vary depending on the sender and recipient country, but typically to obtain an apostille for a document in Serbia, you must go through the following steps:

• Obtaining the original document to be apostilled;
• Verification of the signature on the document by the authorized body;
• Issuance of an apostille on a document by an authorized body;
• Submission of the document together with the apostille in the recipient country.

This process can be time-consuming, especially if it includes multiple documents and different countries. To ensure a smooth and accurate apostille process, it is recommended to seek guidance from specialists familiar with the requirements and procedures. Their expertise can help avoid delays and errors in obtaining documents apostille.

Document requirements that might apply:

• The document must be an original or a certified copy issued by the competent authority.
• The document should contain all relevant and accurate information.
• The document must be in the official language of the issuing country or translated into the official language of the country where the apostille is sought.
• The apostille must be affixed by the designated competent authority in accordance with regulations.

The apostille is issued in a uniform format. In Serbia, it has the form of a printed sticker with a handwritten signature of an official, an official seal, and a hologram.

In cases where apostilles are not recognized, holders of foreign documents will need to legalize them instead. However, If the country of destination of the document recognizes and issues apostilles, then legalization is unnecessary.

Legalization of Serbian educational documents for use abroad

Educational documents issued in Serbia will usually require legalization, depending on the laws of the destination country. Legalization serves as a formal procedure to establish that a written document is an official public record of its originating country. It highlights that the document has been duly executed, issued, or sealed by the relevant authority of that country.

The process involves diplomatic or consular missions to confirm the authenticity of signatures, the capacity of the signatory, and the validity of the seal or stamp on the document. This process takes place through a series of stages, including verification by courts of first instance, the Ministry of Justice, and the Ministry of Foreign Affairs, ultimately culminating in the authentication by the diplomatic or consular mission of the destination country.

In Serbia, the process begins with the president of the court of first instance or an authorized judge verifying the signature and seal. The Ministry of Justice and the Ministry of Foreign Affairs then sequentially verify the signature and seals before the diplomatic or consular mission completes the final step. This process ensures that educational documents from Serbia carry the necessary legal weight when used internationally, facilitating their acceptance and credibility across borders.

Recognition of the authenticity of public documents within the EU

Documents from countries with which Serbia has bilateral agreements for exemption from legalization are not required to undergo any form of legalization procedures. Some of these include:

• Algeria - Agreement on legal assistance in civil and criminal matters;
• Austria - Agreement on Mutual Recognition and Enforcement of Maintenance Decisions, Agreement on Mutual Recognition and Enforcement of Decisions of Selected Courts, Agreement on Mutual Legal Traffic;
• Belgium - Convention on Issuing Extracts from Registers and Exemption from Legalization, Convention on Recognition and Enforcement of Court Decisions on Maintenance, Agreement on Legal Assistance in Civil and Commercial Matters;
• Belarus - Agreement on legal assistance in civil and criminal matters;
• Bosnia and Herzegovina - Agreement on Amendments to the Agreement on Legal Assistance in Civil and Criminal Matters;
• Bulgaria - Agreement on mutual legal assistance;
• Czech Republic - Agreement on the regulation of legal relations in civil, family and criminal matters;
• Slovakia - Agreement on the regulation of legal relations in civil, family and criminal matters;
• France - Convention on Issuing Documents on Personal Status and on Exemption from Legalization;
• Greece - Agreement on mutual recognition and enforcement of court decisions;
• Croatia - Agreement on legal assistance in civil and criminal matters;
• Italy - Convention on Trade and Navigation;
• Iraq - Agreement on legal and judicial cooperation;
• Cyprus - Agreement on legal assistance in civil and criminal matters;
• North Macedonia - Agreement on legal assistance in civil and criminal matters;
• Poland - Agreement on legal traffic in civil and criminal matters;
• Romania - Agreement on legal assistance;
• Russian Federation - Agreement on legal assistance in civil, family and criminal matters;
• Serbia - Agreement on legal assistance in civil and criminal matters;
• Slovenia - Agreement on legal assistance in civil and criminal matters;
• United Arab Emirates - Agreement on legal and judicial cooperation in civil and commercial matters.

Contracting states of the Vienna CIEC Convention of 08.09.1976 (issuance of multilingual extracts from civil status registers: birth, marriage, and death certificate) are:

• Austria, Germany, Bosnia-Herzegovina, Bulgaria, Estonia, France, Italy, Cape Verde, Cyprus, Lithuania, Luxembourg, Macedonia, Moldova, Montenegro, Netherlands, Poland, Portugal, Romania, Switzerland, Serbia, Slovenia, Spain, Turkey.

Regulation on public documents (EU) 2016/1191 of 6 July 2016

Furthermore, Regulation (EU) 2016/1191 of 6 July 2016 on public documents simplifies the circulation of certain public documents that must be presented in an EU Member State and have been issued in another EU Member State, thus exempting public documents from the confirmation of authenticity with the Apostille with the aim of reducing administrative burden and costs for citizens.

Consular legalization of Serbian documents for use abroad

Consular legalization is the process of authenticating or certifying a legal document so a foreign country's legal system will recognize it as with full legal effect that is carried out by the diplomatic or consular mission of the country in which the document is to be used.

Consular legalization is more complex, time-consuming and costly than the simpler apostille procedure. Whereas apostille is usually issued within one step, consular legalization requires several pre-certifications before a public document can be certified at the embassy or consulate of the destination country.

It is a common requirement that the document has to be translated into the official language of the destination country before submission to the embassy. It is up to the diplomatic mission to decide about the authentication procedure.

The main differences between an apostille and consular legalization of documents

The common feature between apostille and consular legalization is that they authenticate an official document for presentation to institutions in another country. However, they have many differences.