What is the legalization of documents?
Legalization of documents and other papers is necessary when using a document issued by one country in another foreign country. The legalization of documents certifies the authenticity and correctness of the document so that it can be used before public and private administrations in a foreign country. In addition to the legalization of the document, a written translation into the official language of the country, before which the document will be used, is required.
Depending on the issuing country, the processes of legalization of documents are divided into three main groups.
Legalization of documents issued by a Member State of the Hague Convention (Apostille)
The most common scenario is when the document is issued by a country that is a party to the Convention Abolishing the Requirement of Legalization for Foreign Public Documents (The Hague Convention). In this case, the issuing country certifies the authenticity of the document by affixing an apostille.
What is an Apostille?
An Apostille is a stemple type certificate that certifies the authenticity of the signature of the person signing the document; the capacity in which the person has 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 placed on the document itself or on an additional sheet thereof, as an integral part. It is often drawn up in the official language of the country and in English, and only the title should always be present in French (Apostille (Convention de La Haye du 5 octobre 1961).
Pursuant to the Hague Convention, each Member State designates the authorities which, in accordance with their official duties, are empowered to affix an apostille. Each of the said authorities shall keep a register of the issued apostilles, indicating the serial number and date of its placement; the name of the person, who signed the public act and the capacity in which he has acted.
Apostille certification 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 in order to be certified with an apostille depends on the type of the document and the issuing authority. Several most common types of documents can be distinguished by the authorities affixing an apostille.
Legalization of documents (apostille certification) by Regional Administrations
The legalization of documents (apostille certification) by the Regional Administrations is most common in the case of a birth certificate and a civil marriage certificate, which should be issued as a "duplicate" with a rectangular stamp, certifying the signatures and stamps affixed on the document. Other common documents for legalization of this type are a certificate of marital status, spouse and children; a certificate of permanent address; a certificate of current address; a certificate of marriage by a Bulgarian citizen abroad; a certificate of identity of a person with different names, etc., which should be issued as an "original" with a rectangular stamp, certifying the signatures and stamps affixed.
Legalization (certification) with apostille by Regional Administrations can be checked at: http://apostille.gov.bg/
Legalization of documents (apostille certification) from the Ministry of Justice
The legalization of documents (certification with apostille) by the Ministry of Justice is placed on documents issued by courts and such certified by a notary.
In case of documents issued by courts, the most commonly used before a foreign country are a certificate of criminal record and decisions. The requirement for the issuance of a criminal record certificate for a foreign country is to indicate for which country it should serve and to have the signatures of a judge and a court clerk, which is the material difference from a criminal record certificate issued for use in Bulgaria. In the event of a court decision issued as a "copy", the stamp "True to the original" shall be affixed, the date of entry into force shall be indicated and the signatures of the judge and the secretary/clerk shall be affixed. In case the signature of the judge is not wet, the names of the secretary/clerk should be written.
Upon legalization of documents (certificate with apostille), which are certified by a notary, the requirements for issuance are in original with certification by the notary, certifying the signatures (e.g. power of attorney and declaration); as well as a copy by a notary certifying that a copy of the original has been taken (e.g. contract, articles of incorporation, protocol).
Legalization (certification) with apostille by the Ministry of Justice can be checked at: https://apostil.mjs.bg
Legalization of documents (apostille certification) by the National Center for Information and Documentation (NACID)
The legalization of documents (certification with apostille) by NACID is carried out on all educational documents issued by Bulgarian educational institutions.
The National Center for Information and Documentation (NACID) is the only body in the Republic of Bulgaria that provides the legalization service (apostille certification) entirely online, according to the Pilot Program for Electronic Apostille (e-App) of the Hague Conference on Private International Law and the National Association of Notaries of the United States dated 10.03.2006.
The electronic apostille (e-apostille) has the same value and requisites, observing the requirements of the Hague Convention on the Abolition of the Requirement of Legalization of Foreign Public Documents as the paper apostille. The only difference between the paper and the electronic apostille is in the stamps and signatures, as in the case of the electronic they are electronic signature and stamp, and in the case of the paper they are placed manually, but in both variants the burden is the same. Regarding the validity of electronic apostilles, it is preserved again 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 e-apostille program are:
- High school diploma issued AFTER 01.01.2007;
- Supplement to the high school diploma issued AFTER 01.01.2007;
- Certificate of primary education issued AFTER 01.06.2009;
- Certificate of professional qualification issued AFTER 01.06.2008;
- Supplement to the certificate of professional qualification issued AFTER 01.06.2008;
- Certificate of completed first high school stage of secondary education issued AFTER 01.06.2020;
- Supplement to the certificate for completed first high school stage of secondary education, issued AFTER 01.06.2020;
- Certificate of completed high school stage, issued AFTER 01.01.2007;
- Supplement to a certificate of completed high school stage, issued AFTER 01.01.2007;
- Certificate of professional qualification issued by the Vocational Training Center AFTER 01.08.2016.;
- Certificate of vocational training issued by the Vocational Training Center AFTER 01.08.2016;
- Certificate of competency issued by the Center for Vocational Training AFTER 01.08.2016.
And in the case of educational documents from higher educational institutions and scientific organizations, which can be submitted through the electronic apostille program are:
- Diploma for completed higher education qualification degree, issued AFTER 01.01.2012;
- Supplement to diploma of higher education issued AFTER 01.01.2012;
- Diploma for educational and scientific degree "Doctor", issued AFTER 01.01.2018;
- Supplement to the diploma of educational and scientific degree, issued AFTER 01.01.2018.;
- Diploma for scientific degree "Doctor of Science", issued AFTER 01.01.2018;
- Certificate of recognized higher education acquired at a foreign higher education institutions, issued AFTER 01.01.2010;
- Certificate of recognition of educational and scientific/scientific degree acquired at a foreign higher education/scientific organization issued AFTER 17.07.2018.
For educational documents issued before 01.01.2007, it is also possible to issue an electronic apostille, but it is necessary to provide the original of the document for reference.
Legalization (certification) with an apostille from NACID can be checked at: https://apostille.bg
Legalization of documents (apostille certification) by the Ministry of Foreign Affairs
The legalization of documents (certification with apostille) by the Ministry of Foreign Affairs is placed on documents issued by the Registry Agency ( e.g. Certificate of good standing of a company), National Social Security Institute (eg. Certificate of Monthly Pension Amount), National Revenue Agency (e.g. Certificate of the presence or absence of obligations), Directorate General "National Police" (eg. Certificate of Possession of Identity Document). Documents issued by these institutions and subject to legalization (apostille certification) should be issued on the letterhead of the institution, indicate before which country the document will be used and have a signature and seal.
Legalization (certification) with an apostille from the Ministry of Foreign Affairs can be checked at: https://apostille.mfa.bg
In addition to legalization of a document (apostille certification), issued by a Bulgarian authority, it should be translated into the official language of the country in which it will be used and the translation should be certified by the Ministry of Foreign Affairs.
The use of documents in Bulgaria, issued by a foreign Member State of the Hague Convention
In the case of a document, issued by a foreign Member State of the Hague Convention, it must be legalized (certified with an apostille) by the issuing country. In order to be used in Bulgaria, it is also necessary to make a written translation into Bulgarian and to have it certified before a notary by a sworn translator. Thus executed, the document can be used in Bulgaria.
Legalization of documents (Apostille certification) is not required if the document is issued by a country that has bilateral contracts that exempt documents from legalization and authentication, with the country, where the document will be used. It remains necessary that the document be issued according to the requirements for use in a foreign country, according to the legislation of the issuing country, and that it be translated into the official language of the country. Some of the countries with which the Republic of Bulgaria has bilateral relations are Macedonia, Austria, France and others.
For documents issued by a country that is not a Member State of the Hague Convention and does not have bilateral agreement for legal assistance with the destination country, it is necessary to legalize the document by acquiring an attestation by the Ministry of Foreign Affairs of the issuing country and certification by the embassy of the country, in which the document is to serve. Thus executed, the document is translated into the official language of the destination country and the translation should be certified.