Service of Process from the PRC in a Foreign Country


 
Where a court of the PRC requests a court of a foreign country with which the PRC has established diplomatic relations to serve process on a person located within the territory of that foreign country, the following procedures and requirements shall be followed:
 
1. The process to be served shall be reviewed by the high people's court of the province, autonomous region, or municipality directly under the Central Government where the court issuing the process is located.
2. After the review, the process shall be forwarded by the Department of Consular Affairs of the Ministry of Foreign Affairs.
3. The request for service of process shall clearly and accurately state the name, sex, age, nationality, detailed address, and other necessary information of the recipient in that foreign country.
4. The requesting court shall submit the basic information of the case to the Department of Consular Affairs for easy forwarding.
5. A written request for service shall be attached.
6. The accurate name of the requested court of that foreign country shall be indicated. If the name of the requested court is unknown, the request for service shall be submitted to the court of the highest level of the geographic jurisdiction where the recipient is located.
7. The process to be served and the request for service of the process shall be accompanied by a version translated into the official language of that foreign country or other language agreed upon by the PRC and that foreign country.
8. If that foreign country imposes special requirements for the request for service and the service to be served, including but not limited to the requirements for notarization, authentication, etc., the Department of Consular Affairs of the Ministry of Foreign Affairs shall notify the requesting court of such special requirements.
 
Direct Service
With the permission of that foreign country, PRC courts may request the embassy or a consulate of the PRC in that foreign country for direct service of process on PRC citizens located within the territory of that foreign country.
In the case of direct service, translated version is not required.
 
 

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Robert Zhang

An international lawyer registered in Shanghai, China. Master's degreePublish…

Steve Li

An international lawyer registered in Shanghai, China. Master's degreePublish…

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