Legalization of documents is a procedure that is carried out on public documents issued in the Republic of Serbia for their use abroad, before the authorities of another country.
Therefore, when a certain public document issued by a competent authority in the Republic of Serbia needs to be used or submitted to a certain authority abroad, it is generally necessary to carry out the procedure of legalization of such a document. Of course, there are cases when this legalization procedure is facilitated and greatly shortened, as well as cases when it is not necessary to legalize documents at all, as explained below.
Our law firm provides full spectrum of services for domestic and foreign clients in legalization of documents, either if it is the procedure of full legalization of documents of obtaining apostille stamp in Serbia.
What is legalization of documents and when do you need it
Legalization of documents is a procedure by which the origin of the document issued by authorities in Serbia is authenticated. The procedure of full legalization of documents or obtaining apostille in Serbia is conducted when you want to use document issued by authorities in Serbia before the authorities in other country.
For example, if you wish to enter employment relationship with employer abroad, you may need to obtain apostille stamp in Serbia or to do full legalization procedure on some documents, depending from the state in which documents are going to be used.
What is apostille or apostille stamp
Apostille is a stamp by which an origin of a public document, i.e. the signature and the stamp put on public document, is authenticated. Legalization of documents only by apostille stamp in Serbia is possible only if such document is going to be used in a country that is a party to a Hague Convention on the Simplified Authentication of Documents.
Therefore, if you are planning to use public document from Serbia in:
- Canada,
- Dominican Republic,
- Finland,
- Germany,
- Japan,
it would be enough only to obtain apostille in Serbia. There is a number of other countries which signed the Hague Convention and consequently, for usage of public documents in those countries it is necessary to obtain apostille stamp in Serbia.
Before initiating the procedure of apostillization in Serbia, it is necessary to check whether the state in which the documents are going to be submitted has signed the Hague Convention.
Which documents can be apostillized
Documents that are frequently apostillized are:
• Certificate of non – criminal record;
• Certificate that no criminal proceedings are being conducted against a certain person;
• Diploma on acquired higher education;
• Testimony;
• Birth certificate;
• Death certificate;
• Marriage certificate.
Of course, those are only some of the documents for which the procedure of obtaining apostille in Serbia is frequently conducted.
Which documents cannot be apostillized
There are also some documents for which the procedure of legalization or procedure of obtaining apostille is not conducted.
Legalization of documents and certificates in the Republic of Serbia is not required if:
- there is a ratified international agreement on the exemption of certain types of public documents from legalization between the Republic of Serbia and the country where the public document will be used;
- there is de facto reciprocity between the Republic of Serbia and the country where the public document is being used, regarding the exemption from legalization of public documents;
- legalization of the document is not possible—such as when the nature of the document itself prevents it, e.g., travel documents or identification cards, as well as public documents related to commercial, international trade, or customs matters;
- the competent authority of the country where the public document will be used does not require legalization.
The Republic of Serbia has signed numerous bilateral agreements with other countries to exempt public documents from the legalization process.
However, in some cases, only specific types of documents are exempted from legalization, which is why it is necessary to verify in each individual case whether such an obligation exists.
Some of the countries with which the Republic of Serbia has concluded agreements include:
- Austria;
- Belgium;
- Italy;
- Croatia;
- Russian Federation;
- Poland;
- UAE;
- Slovakia;
- Czech Republic;
- Greece;
- Bulgaria.
The Ministry of Justice has publicly published a list of countries with which the Republic of Serbia has concluded the aforementioned bilateral agreements, when there is no need for document legalization.
In this regard, when a public document issued by authorities in the Republic of Serbia needs to be used in another country, it is first necessary to verify:
- whether a bilateral agreement on the exemption from legalization obligations exists with that country;
- whether the specific document is covered by that agreement.
Requirements and procedures for the apostille in Serbia
Obtaining apostille on documents in Serbia may be conducted when a foreign client needs to use a public document issued in Serbia for in other country. On the other hand, client residing in Serbia also may use document issued by authorities in Serbia in other country. Both ways, the procedure of obtaining apostille in Serbia is the same.
The certification of the authenticity of public documents issued in the Republic of Serbia with an apostille stamp is performed by the president of the basic court or a judge authorized for this purpose, using their signature and the court’s seal.
To have a document stamped with an apostille seal, the following must be provided:
- the original document to be authenticated, and
- a copy of the document to be authenticated, which will remain in the court for record-keeping purposes.
Additionally, proof of payment of the fee, amounting to 2,090.00 RSD, must be submitted.
Difference between legalization of documents and apostille
Opposed to the procedure of obtaining apostille on documents, a procedure of full legalization is rather a complex and more time – consuming. In case you need to use a public document from Serbia in a state that is not a party to a Hague Convention, then obtaining apostille is not sufficient. In this situation a procedure of full legalization must be performed. This includes authentication by several authorities in Serbia.
Conditions and procedures for legalization of documents in Serbia
As we emphasized, obtaining apostille as well as legalization of documents may be performed for foreigners residing outside Serbia as well as for clients living in Serbia. In both situations, clients must do legalization of documents if they use it in country that is not a party to a Hague Convention.
Full legalization of documents issued in the Republic of Serbia is a process that involves the certification of a public document by multiple competent authorities. This procedure includes the following steps:
- certification by the basic court in the jurisdiction where the public document was issued – this step is carried out by the president of the court or a judge authorized for this purpose, using their signature and the court’s seal;
- certification by the Ministry of Justice of the Republic of Serbia – this step involves further authentication of the certification performed by the president of the court or the authorized judge;
- certification by the Ministry of Foreign Affairs of the Republic of Serbia – this step entails authentication of the seal of the Ministry of Justice and the signature of the authorized official;
- certification by the diplomatic or consular mission of the country where the public document will be used.
Thus, the process of full legalization involves certification by multiple authorities, making it significantly more time-consuming than legalization with an Apostille seal. Additionally, the process of full legalization is more expensive than Apostille certification, as separate fees are required at each authority performing the certification.
FAQ about legalization and apostillizing documents in Serbia
Legalization of documents or obtaining apostille in Serbia is not required only in some specific cases:
– when there is ratified international agreement;
– when there is de facto reciprocity;
– when the nature of the document itself prevents it;
– when competent authority in country in which documents are to be used does not require legalization or obtaining apostille.
If the translation is made in the country where the document originates, it must be legalized in the same manner as the original document. Administrative fee for obtaining apostille on translation is RSD 490,00.
Administrative fee for obtaining apostille in Serbia on original document is RSD 2.090,00.
In countries that are parties to the Hague Convention on the Simplified Authentication of Documents.
In that case, if there is no exemption from legalization of documents, a procedure of full legalization of document must be conducted.
Conclusion on legalization of documents and apostille stamp in Serbia
Legalization of documents and obtaining apostille stamp in Serbia is frequent service we provide to our clients ensuring fast and efficient legalization. Obtaining apostille or legalization of documents is a procedure by which the verification of the signature of the official and stamp on the public document is conducted.
Apostille and legalization of documents must be performed in order to use public documents issued by authorities in Serbia to other state. Our well – versed team provides full scope of legalization services in Serbia ensuring fast and secure service.
This article is for informational purposes only and does not constitute legal advice. If you need additional information regarding the topic in question, please feel free to contact us by email at office@ncrlawyers.com or by phone at +381677049551.
