A. What formalities shall be
required in case of documents to be used between the
mainland and Hong Kong Special Administrative Region?
1. Notarial certificates,
executed in the mainland, and to be used in Hong Kong
Special Administrative Region, shall be acknowledged by the
Consular Department of the Ministry of Foreign Affairs of
the People's Republic of China.
2. Civil and
commercial documents, which are prepared in Hong Kong and to
be used in the mainland, shall be notarized by solicitors in
Hong Kong appointed by the Ministry of Justice of the
People's Republic of China, and then be acknowledged and
delivered by China Law Service (Hong Kong) Ltd. Co..
3. Notarial certificates, executed by Foreign
Embassies and Consulates in the mainland and Hong Kong to
their citizens, may be used directly, without legalization,
either in the mainland or Hong Kong Special Administrative
Region .
B. What
formalities shall be required in case of documents to be
used between the Mainland and Macao Special Administrative
Region?
1. Civil and
commercial documents may be used directly between the
mainland and Macao Special Administrative Region without
acknowledgment.
2. Notarial certificates,
executed by Foreign Embassies and Consulates in the
mainland,Hangkong and Macao to their citizens, may be used
directly, without legalization, either in the mainland or
Macao Special Administrative Region.
C. How shall Chinese
citizens abroad apply for notarial certificates to be used
in foreign countries?
Notarial certificates,
with which facts occurred in China, shall be, in principle,
applied for notarization to the notary offices in China
which are authorized to provide foreign- related sevices in
China. Relatives or friends of the applicant could
be entrusted by the applicant to apply first for notarial
certificates, and then the legalization of the certificates
to the Consular Department of the Ministry of Foreign
Affairs or the other organs so authorized, and last the
legalization by the Embassies or Consulates of the Foreign
Countries where the notarial certificates will be
used.
D. How shall
divorce judgment or divorce mediation certificate
from foreign court be acknowledged by the People's
Court in China?
Requirements for the
application for acknowledgment of foreign divorce judgment
and divorce mediation certificate are specified in
Regulations Of The Supreme People's Court On The
Acceptance By The People's Court Of Applications For
Acknowledgment Of Divorce Judgments By Foreign Courts, which
are as follows:
1. The People's Court shall
not refuse any application by Chinese citizen for
acknowledgment of a divorce judgment by foreign court with
the reason that the marriage was not contracted in China.
The application for acknowledgment of a divorce judgment by
foreign court in the absence of the Chinese applicant, shall
be accepted by the People's Court with the proof that the
legal subponea has been served.
2.
The People's Court shall accept the application by a foreign
citizen for acknowledgment of a divorce judgment by foreign
court provided that the applicant's divorced spouse is a
Chinese citizen. The People's Court shall not accept the
application by a foreign citizen for acknowledgment of a
divorce judgment by foreign court provided that the
applicant's divorced spouse is a foreign citizen, but shall
inform the applicant to apply directly to
marriage-registering authority for marriage registration.
3. The People's Court shall accept, exam and
judge the application for acknowledgment of the enforcement
of a divorce mediation certificate by foreign court, in
accordance with Regulations On The Procedural Issues
Concerning The Applications By Chinese Citizens For The
Acknowledgment Of Divorce Judgments By Foreign Courts. A
written decision of acknowledgment shall be made by the
People's Court.
E.
Could foreign citizens (including foreigners of Chinese
origin) apply to the Chinese Embassies and Consulates in
foreign countries for notarial certificates?
Only the Chinese citizens,
in principle, may apply for notarial certificates to the
Chinese Embassies and Consulates abroad. Foreigners
(including foreigners of Chinese origin), whose documents
prepared in foreign countries and to be used in China, shall
apply for notarization to the local notary publics. The
notarial certificate shall be legalized first by the
Ministry of Foreign Affairs of the country or its authorized
organ,and then legalized by the Chinese Embassy or Consulate
before it is produced in China.
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