In order to protect your litigation rights, reduce your litigation costs, facilitate you to carry out the relevant litigation procedures more smoothly, we have prepared for you the following instructions or　foreign civil litigation procedures to help you to accurately understand the relevant provisions of foreign civil litigation procedures. Please read carefully.

1. What is Foreign Civil Litigation?

Foreign civil litigation refers to civil litigation where a party or both parties are foreign nationals, foreign legal persons or other organizations, stateless persons, a party or both parties habitual residence is located outside the territory of the People’s Republic of China, the litigation matters are located outside the territory of the People’s Republic of China, or the legal fact of production, modification and　elimination of legal relationship occurs outside the territory of the People’s Republic of China.

The trial of Hong Kong, Macao and Taiwan civil litigation is conducted in accordance with　foreign civil litigation procedure.

2. Identity Documents the Parties Shall Provide 　　

2.1 If the plaintiff is a foreign national, stateless individual, individual, enterprise or organization in Hong Kong, Macao and Taiwan, the proof of basic information in terms of qualification shall be submitted.　Certification, authentication or other supporting documents are required for in accordance with the law.

If the plaintiff is a legal person or other organization from a foreign country or Hong Kong, Macao and Taiwan, the plaintiff shall also submit an agreement of litigation from the shareholders, the board of directors, partners, or persons in charge, and carry out the relevant certification and authentication procedures.

2.2 If a natural person who participates in a litigation comes from foreign country or Hong Kong, Macao and Taiwan, the person shall submit proof of identity such as a passport to the People’s Court.

The proof of identity submitted by a foreign legal person or other organization who participates in litigation shall be certified by the notary office of their own country, and authenticated by the Embassies and Consulates of the People’s Republic of China, or certified through the procedures stipulated in the relevant treaties concluded between the People’s Republic of China and their country.

3. Evidence Material that Requires Attention 　　

In order to make the litigation more effective, if the written material submitted by the parties to the People’s Court is in a foreign language, the Chinese translation shall also be submitted at the same time, and certification, authentication or other supporting documents are required for in accordance with the law.

4. Please Pay Attention to Submit your Reply within the Time Limit

A defendant who has no domicile in the territory of the People's Republic of China shall submit, within 30 days from the date of receipt of a copy of the indictment, a written reply stating the opinions　on the plaintiff's claim, the facts and reasons.

5.The Court Can Provide Translation 　　

When the People’s Court hears foreign-related civil cases, it shall use the language and text of the People’s Republic of China. The parties can require translations, and the costs shall be borne by both　parties.

6. Requirements for Foreign Civil Litigation Agents

6.1 Foreign nationals, stateless persons, foreign legal persons or other organizations who file an action in Court, and require entrusting a lawyer to prosecute, must entrust lawyers of the People's Republic of China.　The provision may be correspondingly revised if new provisions or measures be made in the process of building Free Trade Zone of Hainan.

6.2 Foreign parties in foreign civil and commercial litigation may entrust their own litigation representative or their lawyers as litigation representative in the capacity of non-lawyers. Foreign Embassies and Consulates in China, subject to the authorization of their own citizens, may act as litigation representative in their own name, but do not enjoy diplomatic or consular privileges and immunities in the proceedings.

6.3 In cases where foreign nationals ,stateless persons, foreign legal persons and other organizations who have no residence in the territory of the People’s Republic of China entrust lawyers or other persons of the People’s Republic of China to prosecute, the Power of Attorney sent or delivered from the territory outside the People's Republic of China shall be certified by the notary office of their own country and authenticated by the Embassies and Consulates of the People’s Republic of China, or certified through the procedures stipulated in the relevant treaties concluded between the People's Republic of China and their country.

6.4 Power of Attorney signed by foreign nationals and stateless persons in front of a staff member of a people’s court is not required for certification, authentication or other certification procedures. But, foreign nationals and stateless persons shall show proof of identity and the entry permit when signing the Power of Attorney. The staff of the People’s Court shall indicate this in the Power of Attorney.

Power of Attorney signed by foreign nationals and stateless persons in China are not required for certification, authentication or other certification procedures after the notary office certifies the identity of the foreign national and stateless person and verify that the Power of Attorney is signed in our country. 　　

6.5 Power of Attorney Signed by foreign legal persons or legal representatives or persons in charge of other organizations in front of a staff member of a people's court is not required for certification, authentication or other certification procedures. Except foreign legal persons, legal representatives or persons in charge of other organizations, shall show proof of identity and the entry permit when signing the Power of Attorney, and shall also submit proof documents issued by the legal persons or other organizations that are certificated, authenticated or certificated through other procedures to prove that the right to sign the Power of Attorney. The staff personnel of the People's Court shall indicate such situations in the Power of Attorney. 　　

6.6 Power of Attorney signed in China by foreign legal persons, or legal representatives in charge of other organizations, is not required for certification, authentication or other certification procedures if the Power of Attorney is verified by the notary office as signed in China, or if the legal representatives or persons in charge submit proof documents issued by the legal persons other organizations to prove their right to sign the Power of Attorney. 　　

6.7 Hong Kong, Macao and Taiwan civil litigation agents shall adhere to the provisions of foreign civil litigation agents. Hong Kong and Macao residents who have obtained the qualification to practice law in Mainland China are not allowed to act as agents in the capacity of lawyers in Mainland China except for civil action outside the Announcement on the Scope of Hong Kong or Macao-Related Civil Case Permitting the Representation of Hong Kong or Macao Residents Holding the Mainland's Legal Profession Qualification and the Mainland's Lawyers Practicing License in the People’s Courts of the Mainland (Ministry of Justice Notice No. 136)

7. Please Note that the Litigation should be Filed within the Time Limit

If a party, who has no residence in the territory of the People’s Republic of　China, refuses to accept the judgment and decision of the first instance, the party shall submit a petition and appeal to the People's Court at the next higher level within 30 days commencing from the day the judgment and decision is　served.