Under the Hague Service Convention, this is how the service of judicial documents issued by the foreign judicial authority works in China.
This post was first published in CJO GLOBAL, which is committed to providing consulting services in China-related cross-border trade risk management and debt collection. We will explain how debt collection works in China below.
The procedure of service is as follows:
A foreign Forwarding Party sends a request to the Ministry of Justice of China (MOJ), and the request should be in the Hague Forms of the Hague Service Convention—> the MOJ of China forwards the papers to the Supreme People’s Court of China (SPC) after a preliminary review of the request and judicial documents attached—> the SPC of China reviews the request and, distributes them to a local court through provincial high courts and intermediate courts, —>the local court arranges the service, then sends back the proof of service to the MOJ of China along the same route, backwards—> the MOJ of China issues a formal certificate and sends it back to the foreign Forwarding Party.
Source: Ministry of Justice of the People’s Republic of China, the Most Frequently Asked Questions and Answers (posted on HCCH), available at https://www.hcch.net/en/states/authorities/details3/?aid=243.
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Contributors: Meng Yu 余萌