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Everything you need to know about apostille and apostille application differences

The Apostille is a certificate attesting that the document subject to this procedure is an official act, it is a superlegalization of a document already legalized, for the document to be recognized in a signatory country of the Hague Convention. In the event that some states have not acceded to the Hague Convention, all official acts will be outlawed. The superlegalization procedure is a procedure performed by the competent authorities in Romania, which certifies that the act subject to this procedure is an official act, the signature is authentic and confirms the quality in which the signatory acted and the identity of the stamp on that act. The outlawing procedure applies only to states that do not have the status of party to the Hague Convention or with which Romania does not have bilateral treaties for the mutual recognition of acts.

Apostille of documents issued in Romania

According to the 1961 Hague Convention, the Romanian authorities competent to apply the Apostille are: courts, prefectures and the Chamber of Notaries. Types of documents that are Apostille in court:

  1. Decisions of the court (in original / legalized copy) issued by the Romanian courts (the court decisions must be notarized by the court that issued them, with a clear name, by the clerk who legalizes the judgment or by the president of the court);
  2. Original documents issued by the Trade Register, clearly signed and issued with the header of the Ministry of Justice.
  3. Original documents / notarized copies signed by a clerk.

The Apostille at the Prefecture applies to the original of the following types of documents:

– birth certificates: new format, issued after 01.01.1998;

– marriage certificates: new format, issued after 01.01.1998;

– death certificates: new format, issued after 01.01.1998;

– criminal record certificates criminal record certificates: issued no later than 6 months ago, from the police station where the applicant resides;

– tax residence certificates: written in both Romanian and English, issued by public finance administrations;

– certificates attesting the domicile and citizenship of the person or the legal status vis-à-vis the Romanian state: issued by the Inspectorate for the Evidence of Persons;

– certificates regarding the composition of the family: issued by the General Directorates of Public Records of Persons;

– pre-university study documents: must be endorsed in advance by the county school inspectorate; – higher education documents: it is aimed in advance at the university [faculty];

– documents attesting the quality of schooling on the Romanian territory, for foreign citizens: endorsed by the Ministry of Education, Research and Innovation – International Relations Service; – medical certificates: previously endorsed by the Public Health Directorates; – baptism / wedding certificates: previously endorsed by the County Directorate for Culture, Cults and National Cultural Heritage;

– certificates of competence of maritime personnel: endorsed by the Ministry of Transport and Infrastructure;

– tourism patents: issued by the National Authority for Tourism;

– certificates attesting the seniority in work: previously endorsed by the National Pension House or the County Houses;

– qualification certificates in various trades: previously endorsed by the county employment agencies, for certificates issued before 1989, respectively between the years 1990-2003

The following types of documents can be superlegalized at the Ministry of Foreign Affairs:

birth certificates: new format, issued after 01.01.1998;

– marriage certificates: new format, issued after 01.01.1998;

– death certificates: new format, issued after 01.01.1998;

– criminal record certificates criminal record certificates: issued no later than 6 months ago, from the police station where the applicant resides;

– tax residence certificates: written in both Romanian and English, issued by public finance administrations;

– certificates attesting the domicile and citizenship of the person or the legal status vis-à-vis the Romanian state: issued by the Inspectorate for the Evidence of Persons;

– certificates regarding the composition of the family: issued by the General Directorates of Public Records of Persons;

– pre-university study documents: must be endorsed in advance by the county school inspectorate; – higher education documents: it is aimed in advance at the university [faculty];

– documents attesting the quality of schooling on the Romanian territory, for foreign citizens: endorsed by the Ministry of Education, Research and Innovation – International Relations Service; – medical certificates: previously endorsed by the Public Health Directorates; – baptism / wedding certificates: previously endorsed by the County Directorate for Culture, Cults and National Cultural Heritage;

– certificates of competence of maritime personnel: endorsed by the Ministry of Transport and Infrastructure;

– tourism patents: issued by the National Authority for Tourism;

– certificates attesting the seniority in work: previously endorsed by the National Pension House or the County Houses;

– qualification certificates in various trades: previously endorsed by the county employment agencies, for certificates issued before 1989, respectively between the years 1990-2003.

The procedure for issuing the Apostille for official documents

The procedure for issuing the Apostille for official administrative acts issued by central or local public administration authorities, as well as by other bodies of administrative authority in Romania, which organizes an activity of public interest, within strict competencies established by law, is carried out by through the Apostille office organized within the institutions of the prefect. The issuance of the Apostille is free of charge and is applied by the institution of the prefect of the county where:

  • the holder of the deed or his / her spouse or a relative up to the second degree has his / her domicile / last domicile; or
  • the issuer of the document has its headquarters.

By way of exception, criminal record certificates and civil status certificates may be applied to any institution of the prefect.

NOTE: The Apostille is applied to the original printed document and cannot be applied to electronically issued documents that do not have the original signature and stamp.

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