Apostille and consular legalization of documents in Macao

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

Macao joined the Hague Convention on the Simplified Authentication of Documents on 6 December 1968, following the Portuguese extension; the Convention remained in force in Hong Kong after its respective transfer to China.

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 Macao 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.

Designated Competent Apostille Authorities in Macao

In Macao Special Administrative Region (SAR), the designated competent authority for issuing apostilles is the Chief Executive, the Secretary for Administration and Justice and the Director of the Legal Affairs Bureau of the Macao Special Administrative Region, sometimes referred to as the Legal Affairs Bureau.

The authority will carefully examine the document to verify if the signatures, stamps, or seals align with their own records. If they are confirmed to be authentic, the document will be legalized by affixing an 'apostille' (an officially stamped certificate).

The apostille in Macao is a square stamp in Portuguese or Chinese 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 Macao

Macao is among the 120 countries that recognize and issue apostilles in accordance with the Hague Convention of 5 October 1961. The apostille serves as a confirmation of the official status of a document.

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

In-Person Applications:

Present your original Macao SAR Resident Identity Card (BIR). In case, where you do not have a BIR, you might need to:

• Show your current travel documentation or the document you used to enter Macao.
• Offer evidence linking you to Macao, such as a Residence Permit, Non-resident Worker’s ID Card, proof of education in Macao, or documentation of your application for residency in Macao (like a notice from the Public Security Police Force regarding a Residence Permit or a notice indicating you've submitted a Certificate of Criminal Record to the Macao Trade and Investment Promotion Institute, etc.)

For applications via relatives or third parties, you will need to provide:

• A copy of the applicant's Macao SAR Resident Identity Card (BIR). If the applicant doesn't have a BIR, submit a photocopy of their current travel or entry document and evidence of their relationship to Macao.
• Full set of their fingerprints taken.
• The representative’s original ID.
• Proof of relationship to the applicant (only if this information isn't already on file with the Identification Services Bureau).
• Documentation explaining why the applicant cannot attend in person, such as a medical certificate.

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 Macao, 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 Macao educational documents for use abroad

For educational documents issued in Macao, such as school reports, university degree certificates, transcripts of records, enrollment certificates, and other school or university certificates, to be recognized and valid abroad, they must undergo an authentication process through legalization.

In general, the procedure for legalizing educational documents from Macao will involve authentication by the Legal Affairs Bureau of Macao. The documents will also likely need to bear a stamp and signature of the relevant university, or be accredited by the responsible body.

Such an approach ensures that educational documents possess the necessary legal authority, allowing them to be recognized and used across various countries. While these are general procedures, the exact requirements may vary, so it is advisable to confirm the specific steps with the relevant authorities.

Recognition of the authenticity of public documents

Macao is a part of the following agreements:

• Agreement between the Macao Special Administrative Region of the People's Republic of China and the Portuguese Republic on Judiciary and Judicial Cooperation, Lisbon on 17 January 2001.
• Agreement between the Macao Special Administrative Region of the People's Republic of China and the Democratic Republic of East Timor on Judiciary and Judicial Cooperation, Macao on 21 November 2008.
• > Agreement between the Macao Special Administrative Region of the People's Republic of China and Cape Verde on Judiciary and Judicial Cooperation, done at Macao on 7 November 2013.

Consular legalization of Macao 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.

This procedure is required when the destination country does not recognize or accept the apostille certification. One needs to submit the original document, along with any required copies or supporting materials, to the respective consular office. The consular officials will review the document, verify its authenticity, and affix their seal or stamp to certify its validity.

The consular legalization process may require additional steps like obtaining translations of the document into the language of the destination country or providing additional supporting documentation as requested by the consular office.

It is up to the diplomatic mission to decide about the authentication procedure
The specific requirements and procedures for consular legalization may vary depending on the regulations of the destination country.

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.