Service of Process on Nationals of Foreign Countries Residing in the PRC

    Our China International Arbitration Lawyers are membered by professional international lawyers registered and practicing in Shanghai, China. Our lawyers have represented hundreds of clients in international legal services and published tens of legal works.

If a foreign country has established diplomatic relations with the PRC, a court of that country may serve legal processes on a national of that country residing in the PRC as follows:


1. Direct service. The embassy or a consulate of that country stationed in the PRC may directly serve processes on their own nationals residing in the territory of the PRC; provided, however, that service of process shall not damage the sovereignty and security of the PRC, and no compulsory measures may be taken; or


2. Through diplomatic channels. A court of a foreign country may request service of process on a national of that country residing in the territory of the PRC through diplomatic channels. 


Route of Serivce

A process from a foreign country shall be submitted by the embassy of that country in the PRC to the Department of Consular Affairs of the Ministry of Foreign Affairs, the People's Republic of China, then forwarded to the high people's court of competent jurisdiction to designate an intermediate people's court of competent jurisdiction for service.

Upon signature by the recipient, the attached receipt shall be returned by the intermediate people's court to the high people's court, and forwarded to the Department of Consular Affairs, then to the embassy of that country. 

Where no receipt is attached, the intermediate people's court shall issue a certificate of service to the high people's court, and forwarded to the Department of Consular Affairs, then to the embassy of that country. 


Request for Service

A request for service shall be used for the service of any process. 

The request for service and the process to be served shall be accompanied by a version translated into the Chinese language. 


Reciprocity

The principle of reciprocity shall be followed when serving a process to be served on an individual or a legal entity of the PRC or a person of a third country or without nationality residing in the territory of the PRC through diplomatic channels at the request of a court of county that has established diplomatic relations with the PRC, except for countries that have entered into applicable agreements with the PRC.

Where a foreign country rejects the request of a court of the PRC for service of process through diplomatic channels or imposes special restrictions thereon, the PRC may take corresponding measures where appropriate.


Rejection

Where the content of a process is detrimental to the sovereignty or security of the PRC, the request for service of the process shall be rejected.

Where the recipient is entitled to diplomatic privileges and immunities, the request for service shall be rejected in principle.

Where the service of a process is not within the scope of authority of any court of the PRC or a process cannot be served due to unknown address or other reasons, the high people's court receiving the request for service shall issue a statement of response or indicate the reasons for failure of service, and the Department of Consular Affairs shall explain the reasons and return the request for service and the process to the embassy of that country.

Practising lawyers

Robert Zhang

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

Steve Li

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