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Information on Authentication (August, 2005)

QUESTIONS:

1. What are the steps for authentication of documents executed in Australia to be used in the People's Republic of China?

2. Is China a party to the 1969 Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents?

3. Do the documents executed in Australia for use in Hong Kong SAR or Macao SAR need to be authenticated by the Chinese Embassy or consulates?

4. What is the prerequisite for authentication by Chinese Consulate-General in Sydney?

5. What are the consular districts  for the Chinese diplomatic missions in Australia?

6. What are the specific requirements regarding consular authentication by Chinese Consulate-General in Sydney?

7. Does the Consulate bear responsibility for the contents of the documents authenticated?

8. How can an Australian citizen who has never been married apply for authentication of documents in order to get married in China?

9. How can an Australian citizen divorced in Australia apply for authentication of documents in order to get married in China?

10. Does a Single Status Certificate expire?

11. Can application for authentication of documents be mailed to Chinese Consulate-General in Sydney?

12. What is the fee for consular authentication? What are the methods of payment?

13. How long does it take to process an authentication by Chinese Consulate-General in Sydney? Is there any possibility of express processing? And how much fee involved?

CONTENTS

1. What are the steps for authentication of documents executed in Australia to be used in the People's Republic of China?

The document concerned shall first be notarized by an Australian Notary Public, then authenticated by the Department of Foreign Affairs and Trade(DFAT)office in the State or Territory in which the document was issued, and finally be authenticated by Chinese Embassy or Consulates in Australia. i.e., consular authentication is the end of the authentication chain for the document intended to be used in China. If the document concerned was issued by an office of Australian government or a public institution, it can be directly sent to DFAT office for authentication before it undergoes consular authentication.

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2. Is China a party to the 1969 Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents?

No.

At present time, China is not a party to the above-mentioned Convention, but the Convention is applicable in Hong Kong SAR and Macao SAR.

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3. Do the documents executed in Australia for use in Hong Kong SAR or Macao SAR need to be authenticated by the Chinese Embassy or consulates?

No.

The 1969 Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Document entered into force for Australia in 1995, and the Convention is currently applicable in Hong Kong SAR and Macao SAR, therefore documents executed in Australia for use in Hong Kong and Macao do not need consular authentication by Chinese Embassy or Consulates. The bearer of any official Government document with an original signature and stamp/seal on it shall obtain an Apostille from a Department of Foreign Affairs and Trade (DFAT)office in Australia in the State or Territory in which the document was issued before it is used in Hong Kong or Macao. If the document is not an official Government document, the document (or a duplicate of it)must be notarized by a Notary Public before it is sent to a DFAT office.

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4. What is the prerequisite for authentication by Chinese Consulate in Sydney?

Before the document being presented to Chinese Consulate for authentication application, it shall be authenticated by the Department of Foreign Affairs and Trade (DFAT)New South Wales State Office (Address: Level 10, Angle Place, 123 Pitt Street, Sydney NSW 2000; Tel: 02-9356 6240 Fax: 02-93564238). Please note that Chinese Consulate in Sydney can only authenticate the signatures of officials and stamps/seals of DFAT NSW State Office. The documents issued and verified in the other States and Territories should seek consular authentication from the relevant Chinese Embassy or Consulates.

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5. What are the consular districts for the Chinese diplomatic missions in Australia?

The consular districts of Chinese Embassy in Australia include ACT, Northern Territory, South Australia .

The consular district of Chinese Consulate-General in Sydney is New South Wales.

The consular districts of Chinese Consulate-General in Melbourne include Victoria and Tasmania.

The consular district of Chinese Consulate-General in Perth is Western Australia.

The consular district of Chinese Consulate in Brisbane is Queensland.

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6. What are the specific requirements regarding consular authentication by Chinese Consulate-General in Sydney?

1) One properly filled-in and duly signed application form for authentication.

2) The original document authenticated by the Department of Foreign Affairs and Trade (DFAT)New South Wales State Office and its complete duplicate.

3) Proof of identity with photo (such as valid passport) and its duplicate if the applicant appears at the Consulate in person. If a designated representative lodges the application, he shall hold a Power of Attorney signed by the applicant and the proof of identity with photo of the representative as well; if the application is for an institution, the designated representative shall hold a letter of accreditation from the institution and the proof of identity with photo of the representative.

Please note that this Consulate will, under no circumstances, be responsible for the delay of the application processing due to insufficient supporting documents.

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7. Does the Consulate bear responsibility for the contents of the documents authenticated?

No.

Consular authentication by Chinese Consulate-General is merely the attestation to the veracity of the signature of an official and seal or stamp of DFAT NSW State Office that the document bears. Neither the consul nor the Consulate verifies as to the accuracy, truth, legality or otherwise the contents of the document. Nevertheless, an authentication application would be declined by Chinese Consulate-General if the contents of the document concerned contravene laws or regulations of the People's Republic of China.

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8. How can an Australian citizen who has never been married apply for authentication of documents in order to get married in China?

The applicant is required to prepare the following documents before lodging the application with Chinese Consulate:

1) One properly filled-in and duly signed application form for authentication.

2) A Single Status Certificate obtained from NSW Registry of Births, Deaths and Marriages and authenticated by the Department of Foreign Affairs and Trade (DFAT)NSW State Office and its duplicate.

3) Proof of identity with photo (such as valid passport) and its duplicate.

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9. How can an Australian citizen divorced in Australia apply for authentication of documents in order to get married in China?

The applicant is required to prepare the following documents before lodging the application with Chinese Consulate:

1) One properly filled-in and duly signed application form for authentication.

2) A Single Status Certificate obtained from NSW Registry of Births, Deaths and Marriages and authenticated by the Department of Foreign Affairs and Trade (DFAT)NAW State Office and its duplicate.

3) The Decree Nisi issued by the Family Court of Australia and authenticated by DFAT NSW State Office and its duplicate. Those divorced in Australia whose former spouse is a Chinese citizen shall apply to a competent court in China to have the Decree Nisi recognized after the authentication by the Consulate. Therefore, the applicant divorced with a non-Chinese citizen shall provide a certificate in relation to the nationality of his/her former spouse and the duplicate copy.

Or the Death Certificate authenticated by DFAT NSW State Office in relation to his/her deceased spouse and the duplicate copy alternatively.

4) Proof of identity with photo (such as valid passport) and its duplicate.

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10. Does a Single Status Certificate expire?

Yes.

A Single Status Certificate does expire. The applicant must have the authentication done by the DFAT NSW State Office and Chinese Consulate-General in Sydney within 3 months after the issuance of the Single Status Certificate. The Single Status Certificate will have a validity of 6 months after being authenticated by Chinese Consulate-General.

NSW REGISTRY OF BIRTHS, DEATHS AND MARRIAGES:

Postal Address: GPO Box 30, Sydney 2001

Physical Address of Sydney Head Office: 35 Regent Street, Chippendale, NSW 2008 Telephone: 1300655236

Website: http://www.bdm.nsw.gov.au

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11. Can application for authentication of documents be mailed to Chinese Consulate-General in Sydney?

No.

Chinese Consulate-General in Sydney does not accept application for consular authentication by mail. Therefore, the applicant or his designated representative must appear at the Consulate in person.

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12. What is the fee for consular authentication? What are the methods of payment?

There is a fee of AUS$30 payable per document of non-commercial purposes such as certificate of birth, death or marital status, proof of identity, civil action, etc.

There is a fee of AUS$60 payable per document of commercial purposes including registration of company, credit rating, inheritance, real estate cases etc.

For payment, only cash, bank cheque, or money order is accepted and the payee should only be CONSULATE GENERAL OF P.R.C. IN SYDNEY. We are sorry that we do not accept credit card or personal cheque.

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13. How long does it take to process the authentication by Chinese Consulate in Sydney? Is there any possibility of express processing? And how much fee involved?

The normal period for authentication processing by Chinese Consulate-General in Sydney is 4 working days, and we usually do not provide express service. Under special conditions, additional AUS$30 per document will be charged for collection on the 3RD working day, and additional AUS$50 per document will be charged for collection on the 2ND working day.

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