Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
28 October 2010 [shall come
into force from 24 November 2010];
1 November 2018 [shall come into force from 28 November
2018];
21 March 2019 [shall come into force from 28 March
2019].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
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The Saeima1 has adopted and
the President has proclaimed the following Law:
Document
Legalisation Law
Chapter I
General Provisions
Section 1. The purpose of this Law is to ensure
effective international circulation of public documents and
simultaneously - verification of their authenticity.
Section 2. The following terms are used in this
Law:
1) certificate (apostille) - corresponds to the
interpretation of the relevant term used in the Hague Convention
of 5 October 1961 Abolishing the Requirement of Legalisation for
Foreign Public Documents;
2) public document - corresponds to the interpretation
of the relevant term used in the Hague Convention of 5 October
1961 Abolishing the Requirement of Legalisation for Foreign
Public Documents;
3) legalisation - the process of ensuring the
authenticity of public documents.
Section 3. (1) The legalisation of public documents
shall be performed in accordance with this Law, if international
agreements ratified by the Saeima or legal acts of the
European Union do not specify otherwise.
(2) This Law shall not be applied if a public document has
been issued in a European Union Member State, a European Economic
Area State, the United Kingdom of Great Britain and Northern
Ireland (except for its overseas territories) or the Swiss
Confederation. If the institution, which accepts such public
document, is having doubts regarding its authenticity, the
institution shall communicate in writing with the foreign
institution, which issued the public document or is responsible
for authenticity of the public document, if international
agreements ratified by the Saeima or legal acts of the
European Union do not specify otherwise.
(3) The Cabinet shall determine the central authorities of
Latvia, allocation of their functions and procedures by which
these authorities shall perform the activities referred to in
Regulation (EU) 2016/1191 of the European Parliament and of the
Council of 6 July 2016 on promoting the free movement of citizens
by simplifying the requirements for presenting certain public
documents in the European Union and amending Regulation (EU) No
1024/2012 in accordance with this Regulation and shall cooperate
with Latvian and foreign State and local government
institutions.
[28 October 2010; 1 November 2018;
21 March 2019 / See Paragraph 4 of Transitional Provisions]
Section 4. (1) A public document issued in Latvia which
is intended to be used in a foreign state that is a participating
state of the Hague Convention of 5 October 1961 Abolishing the
Requirement of Legalisation for Foreign Documents shall be
electronically legalised by sworn notaries. The abovementioned
document shall be accepted in electronic or paper form.
(2) A public document issued in a foreign state which is
intended to be used in Latvia and a public document issued in
Latvia which is intended to be used in a foreign state that is
not a participating state of the Hague Convention of 5 October
1961 Abolishing the Requirement of Legalisation for Foreign
Documents shall be legalised by authorised officials of the
diplomatic and consular service. The abovementioned document
shall be accepted only in paper form.
[1 November 2018 / The new wording of the Section shall
come into force on 1 July 2019. See Paragraph 3 of
Transitional Provisions]
Section 5. (1) A State duty for performance of notarial
activities shall be paid for the legalisation of a public
document issued in Latvia to which the procedures for
legalisation determined in the Hague Convention of 5 October 1961
Abolishing the Requirement of Legalisation for Foreign Documents
are applicable.
(2) A State duty for the legalisation of a public document
shall be paid for the legalisation of such a public document to
which the procedures for legalisation determined in the Hague
Convention of 5 October 1961 Abolishing the Requirement of
Legalisation for Foreign Documents are not applicable. The amount
of the State duty, the payment procedures, and also exemptions
from the State duty shall be determined by the Cabinet.
[1 November 2018 / The new wording of the Section shall
come into force on 1 July 2019. See Paragraph 3 of
Transitional Provisions]
Chapter
II
Legalisation of a Public Document Issued in Latvia
[1 November 2018 / The new
wording of the title of the Chapter shall come into force on 1
July 2019. See Paragraph 3 of Transitional
Provisions]
Section 6. For the legalisation of a public document
issued in Latvia a person shall complete a submission form and
submit the document to be legalised. The Cabinet shall approve
the sample submission form and prescribe the procedures by which
legalisation shall be performed or the decision to refuse
legalisation shall be taken.
Section 7. It is prohibited to legalise the following
public documents issued in Latvia:
1) documents that do not conform to the requirements for
drawing up of documents laid down in laws and regulations;
2) documents the certification of which is technically
impossible due to the actions of the submitter (for example, the
document submitter has laminated the document himself or
herself);
3) electronic documents that do not conform to the
requirements for drawing up and circulation of electronic
documents laid down in laws and regulations;
4) the derivatives and translations of personal identification
documents.
[1 November 2018 / Clause 4 shall come into force on 1 July
2019. See Paragraph 3 of Transitional Provisions]
Section 8. If a public document issued in Latvia is
intended to be used in a foreign state that is a participating
state of the Hague Convention of 5 October 1961 Abolishing the
Requirement of Legalisation for Foreign Documents, it shall be
legalised with a certificate (apostille) according to this
convention.
Section 9. If a public document issued in Latvia is
intended to be used in a foreign state that is not a
participating state of the Hague Convention of 5 October 1961
Abolishing the Requirement of Legalisation for Foreign Documents,
it shall be legalised by certifying the authenticity of the
signature, the status of the person that has signed the document
and - if necessary - the authenticity of the seal or stamp
imprinted on the document.
Chapter
III
Legalisation of a Public Document Issued in a Foreign State
[1 November 2018 / The new
wording of the title of the Chapter shall come into force on 1
July 2019. See Paragraph 3 of Transitional
Provisions]
Section 10. (1) For a public document issued in a
foreign state to have legal force in Latvia, it shall be
legalised.
(2) In implementing State public administration, State
administration, judicial and legislative institutions, other
institutions and persons may accept only a legalised public
document issued in a foreign state.
(3) In order to legalise a derivative or translation made in
Latvia of a public document issued in a foreign state, such a
public document issued in a foreign state must be legalised in
its issuing country.
[1 November 2018 / Amendments to Section shall come into
force on 1 July 2019. See Paragraph 3 of Transitional
Provisions]
Section 11. If a public document has been issued in a
foreign state that is a participating state of the Hague
Convention of 5 October 1961 Abolishing the Requirement of
Legalisation for Foreign Documents, the document shall require a
certificate (apostille) according to this convention.
Section 12. If a public document has been issued in a
foreign state that is not a participating state of the Hague
Convention of 5 October 1961 Abolishing the Requirement of
Legalisation for Foreign Documents, it shall be legalised by the
procedures determined by the Cabinet.
Transitional
Provisions
[1 November
2018]
1. The Cabinet shall, within four months following the coming
into force of this Law, issue the regulations referred to in
Sections 5, 6, and 12 of this Law.
[1 November 2018]
2. Amendments to this Law regarding the supplementation of
Section 3 with Paragraph three shall come into force on 16
February 2019.
[1 November 2018]
3. Amendments regarding the expression of the titles of
Sections 4 and 5, Chapters II and III of this Law in new wording,
supplementation of Section 7 with Clause 4, and also amendments
to Section 10, Paragraph one of this Law regarding the
replacement of the words "the force of a public document" with
the words "legal force" and regarding the supplementation of the
Section with Paragraph three shall come into force on 1 July
2019.
[1 November 2018]
4. Amendment to Section 3, Paragraph two of this Law shall be
applicable from the day when the United Kingdom of Great Britain
and Northern Ireland has withdrawn from the European Union
pursuant to Article 50 of the Treaty on the Functioning of the
European Union.
[21 March 2019]
This Law has been adopted by the Saeima on 22 March
2007.
President V. Vīķe-Freiberga
Rīga, 4 April 2007
1 The Parliament of the Republic of
Latvia
Translation © 2019 Valsts valodas centrs (State
Language Centre)
