LEGALIZATION AND APOSTILE
What is an Apostille?
Apostille (French Apostille) – is an international standardized authentication form for official documents for the further use in countries-members of the Hague Apostille Convention. By certifying the authenticity of a signature, seal or stamp of an official document, the Apostille is issued in a hard copy format, stamped and signed by an official of a designated authority authorized to attach an Apostille in the Republic of Tajikistan. An Apostille only certifies the origin of an official document: the authenticity of the signature, the capacity of the person signing the document, and, where appropriate, the authenticity of the seal or stamp, which it bears, but not its content.
Where is the Apostille attached?
An Apostille is attached on originals and copies of documents. An Apostille does not require additional certification and is recognized by the authorities of the States Parties to the Hague Apostille Convention, which is acknowledged to recognize such an Apostille issued in another country. It is not necessary to use an Apostille if there are legal grounds for abolishing the legalization of documents such as the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal matters (i.e., the Minsk and Chisinau Conventions).
What is the legal and regulatory framework for Apostilization?
- The Hague Convention Abolishing the Requirement for Legalization of Foreign Official Documents (October 5, 1961);
- Regulation on Unified Rules and Conditions for Apostilization
- Official Documents of Tajik Public Authorities approved by the Decree 699 of the Government of the Republic of Tajikistan (November 27, 2015).
Who is the designated authority for apostilization?
Designated public authorities for attaching an Apostille in official documents in the Republic of Tajikistan are the:
- Ministry of Justice of the Republic of Tajikistan; and
- Ministry of Foreign Affairs of the Republic of Tajikistan.
The Ministry of Justice of the Republic of Tajikistan shall attach an Apostille on the following official documents:
Civil Registry documents
(certificates of birth, death, marriage, divorce, child adoption, change of name, paternity determination, no record of marriage registration and other certificates);
(certificate of inheritance rights, certificate of share ownership in a joint property of spouses, consent to child departure, consent of a spouse for transactions requiring notarization, life certificate, notarized copies of documents and their extracts, notarized translation of documents and so on);
Judicial and Enforcement documents
(court enforcement document, judicial acts (judgment, court verdicts on criminal case, court resolution, definition of court, court order), enforcement orders issued on the basis of judicial acts, court orders issued by vessels on the basis of decisions and resolutions of the arbitration courts in the Republic of Tajikistan and other documents);
Documents of Prosecution Authorities
(prosecutor resolution, instruction, protest, recommendation, sanction for arrest and other documents)
The Ministry of Foreign Affairs attaches an Apostille on the following official documents:
Documents concerning education
(certificate of general secondary education, diploma of vocational and higher education, PhD certificate, postdoctoral diploma, academic transcript, student personal file, interuniversity transfer certificate and other documents);
(criminal record clearance form, legal entity official registration certificate, permit or certificate for individual entrepreneurship, archive documents and their copies and other documents).
What is the Apostilization mechanism?
A special software generates Apostille in Tajikistan. The software automatically assigns an Apostille ID number in a unified Apostille database system after the authorized officer approves and prints it out.
It is forbidden to put an additional stamp or approval seal on the Apostille sheet.
To verify the Apostille validity, you can use the Verification Module of Apostilles issued in the Republic of Tajikistan at www.apostille.tj.
Apostille application fields are filled in Tajik – the official language in Tajikistan.
Apostilization by copying or other means different from the printed Apostille is not permitted. Changes (correction, erasure) in printed Apostille is not allowed. Copying or certification of the Apostille is not permitted.
If the destination country requires the translation of an official document or an Apostille stamp, the applicant shall submit a translation certified by a public notary officer. A double apostilization procedure is applied in this case.
Which documents are subject to apostilization?
All official documents issued by public authorities of the Republic of Tajikistan, which are to be used in the territory of other member states of the Hague Convention of 1961 abolishing the requirement of legalization of foreign official documents may be apostilled. At the same time, original official documents issued by the authorities of the Tajik Soviet Socialist Republic cannot be apostilled on the territory of the Republic of Tajikistan. Apostille can be attached only on copies of such documents notarized on the territory of the Republic of Tajikistan.
What are the documents on which the Apostille cannot be attached?
- documents issued by diplomatic missions and consular offices of the Republic of Tajikistan overseas;
- documents directly related to commercial or customs operations;
- documents which are not subject to export and transfer abroad (military ID, personal ID card, passport).
What is the timeframe to obtain an Apostille?
The competent authorities review Apostille applications within the following timeframe:
Expedited review: - 1 to 3 working days;
Regular review: - from 5 to 7 working days.
What are the Apostille application documents?
- Apostille Application is submitted by applicant or his/her authorized person on the basis of a power of attorney;
- Applicant’s Identity document (shown in person);
- Official document intended for attaching Apostille (its copy and original, the latter is returned to the applicant with the Apostille attached);
- A copy of Taxpayer ID Certificate;
- Certificate of state registration of a legal entity - for legal entities;
- Documents confirming payment of public fee (receipt).
Is it possible to apply for Apostille online?
Yes, applicants may submit their application online at www.apostille.tj followed by the submission of their original documents. The decision on Apostille is made after the receipt of the originals of these documents. The Unified Apostille Electronic Register is accessible online on a 24/7 basis and applicants may check its issuance at: www.apostille.tj.