Service of Process from a Foreign Country in the PRC

 
Chinese courts and foreign courts often need to request each other to serve processes in international cases of civil and economic disputes. According to the Notice (Wai Fa [1986] No. 47) dated August 14, 1986, issued by the Supreme People's Court, the Ministry of Foreign Affairs, and the Ministry of Justice, processes in international cases may be served as follows:
 
1. Bilateral Agreement
If the PRC and a foreign country have entered into a bilateral agreement, a Chinese court may request a court of that foreign country to serve processes on a recipient located in that foreign country and vice versa in accordance with the bilateral agreement.
 
2. Diplomatic Channels
In the absence of a bilateral agreement between the PRC and a foreign country, processes in international cases of civil and economic disputes shall be served through diplomatic channels according to the principle of reciprocity.
 
Procedures
1. If a foreign country has entered into a bilateral agreement and established diplomatic relations with the PRC, a court of the PRC and a court of such foreign country may request each other to serve processes on individuals or legal entities of the requesting country or a third country or without nationality located in such foreign country or the PRC, as the case may be, through diplomatic channels in accordance with the principle of reciprocity and the following procedures and requirements:
1. A process from a foreign country:
Process from the embassy of that foreign country in the PRC
→ the Department of Consular Affairs (Ministry of Foreign Affairs)
→ the high people's court of competent jurisdiction
→ the intermediate people's court of competent jurisdiction
→ recipient
Receipt signed by the recipient or certificate of service from the intermediate people's court
→the high people's court
→the Department of Consular Affairs
→the embassy of that foreign country
 
Requirements
1. Request for service
The requesting court shall issue a written request for service of process, accompanied by a translated Chinese version, to the requested court.
2. Rejection
A request for service of process will be rejected if the content of the process may damage the sovereignty or security of the PRC.
If the recipient of such a process is a person with diplomatic privileges and immunities, the request for service of the process will also be rejected in principle.
If a process may not be served as the address is cannot be ascertained or for any other reasons or the service of a process does not fall under the authority of a PRC court, a statement of response will be issued by the high people’s court receiving the request for service of the process stating the reasons for failure or rejection to serve the process. In such a case, the Department of Consular Affairs will explain the reasons for such failure or rejection and return the process and the request for service of the process to the embassy of the requesting country.
 
3. Direct Service or Diplomatic Channels
The embassy or a consulate of a foreign country in the PRC is permitted to serve processes on the nationals of that foreign country located in the territory of the PRC. Provided, however, that the processes to be served shall not damage the sovereignty or security of the PRC and no compulsory measures may be taken.
A court of a foreign country may also request service of process on a national of that country located in the territory of the PRC via diplomatic channels. In such a case, the procedures stated under the title “Diplomatic Channels” shall be followed.
 
4. Reciprocity
If a foreign country rejects the request for service of process issued by a court of the PRC through diplomatic channels or imposes special restrictions on the service, the PRC may do the same with such foreign country.