Legalization of documents and other papers is necessary when using a document issued by one state in another foreign state. Through document legalization, the authenticity and correctness of the document are certified so that it may be used before state and private administrations in a foreign country. In addition to the legalization of the document, a written translation into the official language of the state before which the document will be used is also necessary.
Depending on the issuing state, document legalization processes are divided into three main groups.
Legalization of documents issued by a member state of the Hague Convention (Apostille)
The most common case is when the document is issued by a state that is a party to the Convention abolishing the requirement of legalisation for foreign public documents (Hague Convention). In this case, the state issuing the document certifies the authenticity of the document by affixing an apostille.
What is an apostille?
An apostille is a certificate with a stamp/seal that certifies the authenticity of the signature of the person who signed the document; the capacity in which the person acted; and the authenticity of the seal or stamp affixed to the document. The apostille is drawn up in the official language of the state and is affixed to the document itself or on an attached continuation as an integral part. It is often drawn up in the official language of the state and in English, with only the title always also appearing in French (Apostille (Convention de La Haye du 5 octobre 1961).
In accordance with the Hague Convention, each member state designates the authorities which, in accordance with their official duties, are authorized to affix an apostille. Each of the designated authorities keeps a register of the issued apostilles, indicating the serial number and date of affixing; the name of the person who signed the public act, and the capacity in which that person acted.
Certification with an apostille of documents issued in Bulgaria
In the Republic of Bulgaria, the authorities affixing an apostille are the Regional Administrations, the Ministry of Justice, the National Center for Information and Documentation and the Ministry of Foreign Affairs.
The requirements for issuing a Bulgarian document so that it can be certified with an apostille depend on the type of document and the issuing authority. Several of the most common types of documents by the authorities affixing apostille can be distinguished.
Certification with an apostille of documents from Regional Administrations
Legalization of documents (certification with apostille) by the Regional Administrations is most commonly encountered for a birth certificate and a civil marriage certificate, which should be issued as a "duplicate" with a rectangular stamp certifying the signatures and seals on the document. Other commonly legalized documents of this type are a certificate of family status, spouse and children; certificate of permanent address; certificate of current address; certificate of marriage entered into by a Bulgarian citizen abroad; certificate of identity of a person with different names, etc., are issued as an "original" with a rectangular stamp certifying the signatures and seals.
The legalization (certification) with an apostille by Regional Administrations can be checked at: http://apostille.gov.bg/
Certification with an apostille of documents from the Ministry of Justice
Legalization of documents (certification with apostille) by the Ministry of Justice is affixed to documents issued by courts and those certified by a notary.
For documents issued by courts, the ones most often used before a foreign country are criminal record certificates and judgments. The requirement for issuing a criminal record certificate for a foreign country is that the country for which it is to serve must be specified and that signatures of the judge and court clerk must be affixed, which is the essential difference from a criminal record certificate issued for use in Bulgaria. For a court judgment issued as a "copy", there must be a stamp "True to the original", the date of entry into force must be indicated, and the signatures of the judge and secretary/clerk must be affixed. In case the judge's signature is not original, the name of the secretary/clerk must be written out.
For legalization of documents (apostille certification) certified by a notary, the requirements for issuance are in original with notarization certifying the signatures affixed (e. g. power of attorney and declaration); as well as as a copy certified by a notary, in which the certification attests that a copy has been made from the original (e. g. contract, incorporation deed, protocol).
The legalization (certification) with an apostille by the Ministry of Justice can be checked at: https://apostil.mjs.bg
Certification with an apostille of documents from the National Center for Information and Documentation (NAICD)
Legalization of documents (certification with apostille) by NAICD is performed on all educational documents issued by Bulgarian educational institutions.
The National Center for Information and Documentation (NAICD) is the only authority in the Republic of Bulgaria that provides the legalization service (certification with apostille) entirely online, in accordance with the Pilot Program for electronic apostille (e-APP) of the Hague Conference on Private International Law and the National Association of Secretaries of State of the United States from 10.03.2006.
The electronic apostille (e-apostille / e-apostille) has the same value and particulars, complying with the requirements of the Hague Convention abolishing the requirement of legalisation for foreign public documents, as the paper apostille. The only difference between the paper and electronic apostille is in the seals and signatures affixed; in the electronic one they are an electronic signature and seal, and in the paper one they are affixed manually, but in both cases the legal weight is the same. As for the validity of electronic apostilles, it remains the same as with paper ones, i. e. it is indefinite.
The most common educational documents for pre-school, school and vocational education and training that can be submitted through the electronic apostille program are:
- Secondary education diploma, issued AFTER 01.01.2007;
- Annex to the secondary education diploma, issued AFTER 01.01.2007;
- Certificate of primary education, issued AFTER 01.06.2009;
- Certificate of professional qualification, issued AFTER 01.06.2008;
- Annex to the certificate of professional qualification, issued AFTER 01.06.2008;
- Certificate of completion of the first high school stage of secondary education, issued AFTER 01.06.2020;
- Annex to the certificate of completion of the first high school stage of secondary education, issued AFTER 01.06.2020;
- Certificate of completion of the high school stage, issued AFTER 01.01.2007;
- Annex to the certificate of completion of the high school stage, issued AFTER 01.01.2007;
- Certificate of professional qualification, issued by a Vocational Training Center AFTER 01.08.2016;
- Certificate of vocational training, issued by a Vocational Training Center AFTER 01.08.2016;
- Certificate of qualification issued by a Vocational Training Center AFTER 01.08.2016.
And the educational documents from higher education institutions and scientific organizations that can be submitted through the electronic apostille program are:
- Diploma for completed higher education educational-qualification degree, issued AFTER 01.01.2012;
- Annex to the higher education diploma, issued AFTER 01.01.2012;
- Diploma for educational and scientific degree "Doctor", issued AFTER 01.01.2018;
- Annex to a diploma for educational and scientific degree, issued AFTER 01.01.2018;
- Diploma for scientific degree "Doctor of Sciences", issued AFTER 01.01.2018;
- Certificate of recognized higher education acquired in foreign higher education institutions, issued AFTER 01.01.2010;
- Certificate of recognition of an educational and scientific/scientific degree acquired in a foreign higher education institution/scientific organization, issued AFTER 17.07.2018.
For educational documents issued before 01.01.2007, the issuance of an electronic apostille is also possible, but the original document must be provided for reference.
The legalization (certification) with an apostille by NAICD can be checked at: https://apostille.bg
Certification with an apostille of documents from the Ministry of Foreign Affairs
Legalization of documents (certification with apostille) by the Ministry of Foreign Affairs is affixed to documents issued by the Registry Agency (e. g. Certificate of current status of a company), the National Social Security Institute (e. g. Certificate of monthly pension amount), the National Revenue Agency (e. g. Certificate of the existence or absence of obligations), the General Directorate "National Police" (e. g. Certificate of possession of an identity document). Documents issued by these institutions and subject to legalization (certification with apostille) must be issued on the institution's form, must indicate the country before which the document will be used, and must have a signature and stamp affixed.
The legalization (certification) with an apostille by the Ministry of Foreign Affairs can be checked at: https://apostille.mfa.bg
In addition to the legalization of the document (certification with apostille) of a document issued by a Bulgarian authority, it must also be translated into the official language of the country in which it will be used and the translation must be certified by the Ministry of Foreign Affairs.
Use of documents in Bulgaria issued by a foreign state member of the Hague Convention
For a document issued by a foreign state member of the Hague Convention, the document must be legalized (certified with apostille) in the state issuing it. To be used in Bulgaria, it is also necessary to make a written translation into Bulgarian and have it certified before a notary by a sworn translator. Thus issued, the document may be used in Bulgaria.
Legalization of documents (certification with apostille) is not required if the document is issued by a state that has bilateral treaties which exempt documents from legalization and certification, with the state in which the document will be used. The document still needs to be issued according to the requirements for use in a foreign country, in accordance with the legislation of the issuing state, as well as translated into the official language of the state. Some of the states with which the Republic of Bulgaria has bilateral relations are Macedonia, Austria, France, etc.
For documents issued by a state that is not a member of the Hague Convention and has no bilateral legal assistance treaties with the state in which the document is to be used, it is necessary to legalize the document by having it certified by the Ministry of Foreign Affairs of the issuing state and certified by the embassy of the state in which the document is to serve. The document thus issued is translated into the official language of the state and the translation must be certified.