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For the purpose of regulating the service of judicial documents of foreign-related civil or commercial cases, these Provisions are formulated in accordance with the provisions of the Civil Procedure Law of the People's Republic of China (hereinafter referred to Civil Procedure Law) and on the basis of trial practices. Article 1. Where the people's court, in trying foreign-related civil or commercial cases, serves judicial documents to the addressee that has no domicile within the territory of the People's Republic of China, these Provisions shall be applicable. Article 2. The term "judicial documents" mentioned in these Provisions refers to the duplicates of the bills of complaint, duplicates of appeals, duplicates of counterclaims, duplicates of pleadings, authorizations, summons, judgments, conciliation documents, rules in writing, orders of payment, written decisions, notices, certificates, receipts of service and other judicial documents. Article 3. Where the addressee is a natural person, legal representative or major person-in-charge of an enterprise or any other organization within the territory of the People's Republic of China, the people's court may serve the judicial documents upon the natural person or the legal representative or major person-in-charge. Article 4. Except that the addressee expressly indicates in the authorization that its law agent has no right to receive judicial documents on its behalf, where the law agent the addressee entrusts is the law agent who is entitled to receive judicial documents on the addressee's behalf prescribed in Item 4 of Article 247 of the Civil Procedure Law, the people's court may serve judicial documents upon the law agent. Article 5. When serving judicial documents to the addressee, the people's court may serve upon the representative agency established by the addressee within the territory of the People's Republic of China. Where the addressee has any branch office or business agent within the territory of the People's Republic of China, upon the authorization of the addressee, the people's court may serve judicial documents upon the branch office or the business agent. Article 6. In case of service of judicial documents to the addressee without domicile within the territory of the People's Republic of China, if any judicial assistance agreement has been concluded between the home country of the addressee and the People's Republic of China, the people's court may serve in the ways specified in the judicial assistance agreement. If the home country of the addressee is a member country of the Convention on the Service Abroad of Judicial and Extra-judicial Documents in Civil and Commercial Matters, the people's court may serve in the ways specified in the Convention. Where the home country of the addressee has concluded any judicial assistance agreement with the People's Republic of China, and at the same time is a member country of the Convention on the Service Abroad of Judicial and Extra-judicial Documents in Civil and Commercial Matters, the people's court may handle in accordance with the provisions of the judicial assistance agreement. Article 7. Where the judicial documents are served in accordance with any judicial assistance agreement, or the Convention on the Service Abroad of Judicial and Extra-judicial Documents in Civil and Commercial Matters, or through diplomatic channels, if no certificate on the receipt of service is received upon the expiration of six months since the date when the competent department of China forwards the judicial documents to the competent department of the home country of the addressee, and it can't be deemed as the service has been successful according to various circumstances, and it shall be deemed as that the documents shall not be served in this way. Article 8. Where the home country of the addressee permits service by post, the people's court may serve through post. In the case of service by post, the receipt of service shall be attached. Where the addressee does not sign on the receipt of the service but sign on the receipt of the mail, it shall be deemed as the judicial documents have been served, and the date of receipt signed by the addressee shall be regarded as the date of service. Where no certificate on the receipt of service is received upon the expiration of six months since the date of post, and it can't be deemed as the service has been completed according to various circumstances, it shall be deemed as that the documents shall not be served by post. Article 9. Where the people's court serves judicial documents in the way of public announcement prescribed in Item 7 of Article 247 of the Civil Procedure Law, the content of the announcement shall be published at the press that is publicly circulated both home and abroad. Article 10. In addition to the above-mentioned ways of service prescribed in the present Provisions, the people's court may serve upon the addressee by fax, e-mail, and other appropriate ways in which the receipt may be confirmed. Article 11. In addition to the way of public announcement, the people's court may simultaneously adopt many ways to serve, while the date of service shall be determined according to the first way in which the service is realized. Article 12. Where the people's court serves judicial documents upon the addressee's legal representative, major person-in-charge, legal agent, representative agency or branch office, business agent that is entitled to receive service and is within the territory of the People's Republic of China, the way of service by leaving it at the addressee's place may be applicable. Article 13. Where the addressee does not perform the procedure of signing in the judicial documents served by the people's court, in any of the following circumstances, the service shall be deemed as successful: (1) The addressee has mentioned the content of the judicial content in written form to the people's court; (2) The addressee has performed according to the content of the served judicial documents; or (3) Other circumstances under which the service shall be deemed as successful. Article 14. Where if it is necessary to forward the judicial documents served by the people's court through the superior people's court, the application form for forward shall be attached. The superior people's court shall, upon the receipt of the judicial documents which has to be forwarded by the lower-class people's court, forward the documents within 7 workdays. Where the superior people's court holds that the judicial documents which has to be forwarded by the lower-class people's court do not comply with relevant provisions and need to be redressed, it shall send them back to the people's court that files the application for forward within 7 workdays. Article 15. Where it is necessary to provide the translated versions of the judicial documents served by the people's court, the people's court that accepts the case shall entrust the translation institutions that are within the territory of the People's Republic of China to translate. The translation shall not be affixed with the seal of the people's court, but shall be signed by or affixed with the seal of the translation institution or translator to prove the consistency between the translated text and the original text. Article 16. These Provisions shall come into force as of the date of promulgation. |
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