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	CIRCULAR OF THE SUPREME PEOPLE'S COURT, THE MINISTRY OF FOREIGN AFFAIRS, AND THE MINISTRY OF JUSTICE ON THE MEASURES FOR COLLECTION AND PAYMENT OF FEES FOR THE SERVICE OF LEGAL DOCUMENTS AND THE INVESTIGATION EVIDENCE THROUGH DIPLOMATIC CHANNEL BY THE COURTS OF CHINA AND OF FOREIGN COUNTRIES

	(No.4 [1990] of the Supreme People's Court, the Ministry of Foreign Affairs, and the Ministry of Justice promulgated on January 9, 1990 and implemented as of the same day)


SUBJECT : FEES FOR THE SERVICE OF LEGAL DOCUMENTS AND THE INVESTIGATION EVIDENCE
ISSUING DEPARTMENT : THE SUPREME PEOPLE'S COURT, MINISTRY OF FOREIGN AFFAIRS, MINISTRY OF JUSTICE OF THE PEOPLE'S REPUBLIC OF CHINA
ISSUE DATE : 01/09/1990
IMPLEMENT DATE : 01/09/1990
LENGTH : 807 words
TEXT :

Article 6 of the "Circular on Several Issues Concerning the Service of Legal Documents and the Investigation and Evidence Collection Through Diplomatic Channel by the Courts of China and of Foreign Countries" (No.47 [1986]) promulgated by the Supreme People's Court, the Ministry of Foreign Affairs, and the Ministry of Justice on August 14, 1986, provides the principles for the collection and payment of fees for the service of legal documents through diplomatic channel by the courts of China and of foreign counties. In the past three years, difficulties have been found from the situation that embassies and consulates, the Ministry of Foreign Affairs, and the people's courts have to convert RMB into foreign currencies or vice versa and transfer the amounts for every case for which fees are collected. In order to improve the work and to adapt to the development of situations, the following circular is hereby made concerning the measures for the collection and payment of fees needed in the service of legal documents and the investigation and evidence collection for civil and commercial cases through diplomatic channel by the courts of China and of foreign countries:

I. The measures for payment of the fees needed for the service of legal documents and investigation and evidence collection entrusted to foreign courts through diplomatic channel by the courts of China are as follows:

(1) With respect to a sum of RMB 100 Yuan or less, the entrusted embassy of China shall make the payment, and write off that sum under the title of "other expenses" of the embassy;

(2) With respect to a sum ranging from RMB 100 Yuan to 1,000 Yuan, the entrusted embassy shall advance that payment, and collect from the Finance Department of the Ministry of Foreign Affairs in a lump sum in the fourth quarter of each year;

(3) With respect to a sum ranging from RMB 1,000 Yuan to 3,000 Yuan, the entrusting court shall indicate in the letter of entrustment to the Consulate Department of the Ministry of Foreign Affairs that it agrees to pay the fee, and the Consulate Department of the Ministry of Foreign Affairs shall notify the entrusted embassy to handle the case provided that the sum is within the foreign exchange limit of the Ministry of Foreign Affairs of that year. The entrusted embassy shall, after advancing the foreign exchange, collect the fees from the Finance Department of the Ministry of Foreign Affairs case by case, and the Finance Department shall notify the entrusting court to pay RMB by transfer of accounts (RMB account number of the Ministry of Foreign Affairs: No.930005-38, Dongsinan Office, Beijing Municipal Branch, Industrial and Commercial Bank of China);

(4) With respect to a sum of more than RMB 3,000 Yuan, the entrusting court shall indicate in the letter of entrustment that it agrees to pay the fee, and the case shall be jointly studied and handled by the Consulate Department of the Ministry of Foreign Affairs and the Bureau of Foreign Affairs of the Supreme People's Court.

II. With respect to the fees payable for the service of legal documents and investigation and evidence collection entrusted by foreign courts through diplomatic channel to the courts of China, the entrusted courts of China shall report the information about the service or investigation and evidence collection, together with the proposed amount of fees, to the Consulate Department of the Ministry of Foreign Affairs, and the Consulate Department shall collect the fees from the embassies in China of the home countries of the entrusting courts pursuant to the principle of reciprocity. The concrete handling measures are as follows:

(1) With respect to a sum of RMB 1,000 Yuan or less, the Consulate Department of the Ministry of Foreign Affairs shall directly hand over that sum to the Finance Department of the Ministry of Foreign Affairs after collection;

(2) With respect to a sum ranging from RMB 1,000 Yuan to 3,000 Yuan, the Consulate Department of the Ministry of Foreign Affairs shall, after collecting that sum from the embassy in China of the home country of the entrusting court, handover the money to the Finance Department of the Ministry of Foreign Affairs, which shall pay RMB to the entrusted court of China by remittance or transfer of accounts;

(3) With respect to a sum of RMB 3,000 Yuan or more, the Consulate Department of the Ministry of Foreign Affairs shall collect that sum from the embassy in China of the home country of the entrusting court before transferring the money to the entrusted court of China.

In addition, the courts of China shall comply with the relevant provisions of the state with respect to the fees collected from the parties concerned for the service of legal documents or investigation and evidence collection.

The present Circular shall come into force as of the day of issuance.