Notary certification requirements for foreign official documents to be used in the Chinese mainland (1)
Authors | Attorney Yang Yang, Deng Peiyun
In foreign-related matters, foreign entities often inquire about the relevant laws and regulations governing the notarization and authentication of overseas documents for use in mainland China when submitting such documents. For ease of understanding, this series of articles will compile and share the relevant laws and regulations regarding the authentication and legalization of foreign public documents, including which documents require authentication and legalization, how to obtain Hague Apostille certification, and the procedures for issuing the corresponding certificate.
In foreign-related affairs, foreign entities often consult with the relevant laws and regulations on notarization and certification required for the use of foreign documents in mainland China when providing relevant documents. For the ease of understanding, this series of articles will compile and share the relevant laws and regulations on notarization and certification of foreign public documents, including what documents require notarization and certification, how to obtain Hague certification and its apostilles.
The website of the Chinese Consular Services (http://cs.mfa.gov.cn/gyls/lscs/) defines notarization and authentication as follows:
China Consular Service Website (http://cs.mfa.gov.cn/gyls/lscs/) defines notarization and certification as follows:
One
What is notarization?
Answer: Notarization is the activity whereby a notary institution, upon application by natural persons, legal persons, or other organizations, certifies the authenticity and legality of civil legal acts, legally significant facts, and documents in accordance with statutory procedures.
1. What is notarization?
Answer: Notarization is an act performed by a notary office, upon the application of a natural person, legal person or other organization, to certify the authenticity and legality of a civil juristic act, a fact or a document with legal significance according to legal procedures.
Two
What is consular legalization?
Answer: According to Article 4 of the “Measures on Consular Legalization,” consular legalization refers to the activity whereby a consular legalization authority, upon application by a natural person, legal person, or other organization, certifies the authenticity of the last seal or signature on domestic notarized documents involving foreign elements, other certification documents, or relevant foreign documents.
2. What is consular certification?
Answer: According to Article 4 of the Measures for Consular Certification, consular certification refers to the confirmation by consular certification agencies, upon the application of natural persons, legal persons or other organizations, of the authenticity of the last seal or signature on foreign-related notarial certificates, other certification documents domestically issued domestically or relevant documents issued abroad.
Which documents require notarization and authentication, and what are the relevant laws and regulations?
#01
"Civil Procedure Law of the People's Republic of China (Revised in 2023)"
Article 275 Foreign nationals, stateless persons, foreign enterprises, and organizations that have no domicile within the territory of the People's Republic of China may entrust lawyers of the People's Republic of China or other persons to act as their litigation agents.A power of attorney sent from outside the territory of the People's Republic of China or entrusted for delivery shall be notarized by a notary public in the country where it is located and authenticated by the Chinese embassy or consulate in that country, or shall undergo the certification procedures stipulated in any relevant treaties concluded between the People's Republic of China and that country before it becomes valid.。
Civil Procedure Law of the People's Republic of China (Amended in 2023)
Article 275 Where a foreigner, stateless person or foreign enterprise or organisation without residence in the People's Republic of China entrusts a lawyer or any other person in the People’s Republic of China to participate in proceedings or mails or entrusts submission of the power of attorney from regions outside the People’s Republic of China, the power of attorney shall be effective upon notarisation by a notary organisation in that country and authentication by the embassy or consulate of the People’s Republic of China in that country, or performance of authentication formalities stipulated in the relevant treaty concluded between the People's Republic of China and the country.
#02
"Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China (Revised in 2022)"
Article 521: Foreign nationals participating in litigation shall submit to the People’s Court documents such as a passport, or other documents used to prove their identity.
When a foreign enterprise or organization participates in litigation, the identity documents submitted to the people's court shall be notarized by a notary public in its country of residence and authenticated by the embassy or consulate of the People's Republic of China in that country, or shall undergo the certification procedures stipulated in any relevant treaties concluded between the People's Republic of China and that country.
A person representing a foreign enterprise or organization in litigation shall submit to the people's court proof that they are authorized to act as the representative in the litigation. Such proof shall be notarized by a notary public in the country where the person is located and authenticated by the embassy or consulate of the People's Republic of China in that country, or shall undergo the certification procedures stipulated in any relevant treaty concluded between the People's Republic of China and that country.
The “country of residence” referred to in this provision means the country where a foreign enterprise or organization is incorporated and registered, and may also be a third country in which it has completed business registration procedures.
Interpretation of the Supreme People’s Court on the Application of the Civil Procedure Law of the People’s Republic of China (Amended in 2022)
Article 521 A foreigner shall submit his/her passport and other credentials proving his/her identity to the people’s court to participate in a lawsuit.
Identity certificates submitted by a foreign enterprise or organization participating in a lawsuit shall be notarized by a notary organ in the country where the enterprise or organization is located and authenticated by the embassy or consulate of the People’s Republic of China in the country, or the enterprise or organization shall go through the identity certification formalities as stipulated in the relevant treaty concluded by and between the People's Republic of China and the country.
The person participating in a lawsuit on behalf of a foreign enterprise or organization shall submit proof evidencing that he/she has the right to serve as the representative of the foreign enterprise or organization to participate in the lawsuit, and such proof shall be notarized by a notary organ in the country where the foreign enterprise or organization is located and authenticated by the embassy or consulate of the People’s Republic of China in the country, or the person shall go through the identity certification formalities as stipulated in the relevant treaty concluded by and between the People’s Republic of China and the country.
The “country where a foreign enterprise or organization is located” as mentioned herein refers to the country where the foreign enterprise or organization is registered for its establishment, or a third country where the business registration formalities are completed.
Stay tuned for our in-depth exploration in "Notarization and Authentication Requirements for Foreign Public Documents Used in Mainland China (II)." At that time, we will carefully compile and share the documents that foreign entities need to notarize and authenticate when filing lawsuits or establishing companies in mainland China, thereby enriching your knowledge base. Follow us to stay up to date with valuable international legal information.
Please look forward to our in-depth exploration in “Notarization and Certification Requirements for Foreign Public Documents to be Used in Mainland China (Part II)”. We will carefully organize and share documents that require notarization and certification for foreign entities filing lawsuits, establishing companies and etc in mainland China, adding bricks and tiles to your knowledge base. Follow us and don’t miss out on every valuable piece of information concerning foreign legal affairs.
Lawyer Introduction
Attorney Yang Yang
Senior Equity Partner at Zhiheng, Dongguan
Arbitrator, Compliance Officer
yoyoyanglawyer@163.com
Bachelor of International Economic Law, Master of International Business Law
Working language:
Chinese (Mandarin, Cantonese), English, Korean, Indonesian
Business Area:
Cross-border investment, international trade, corporate legal counsel, dispute resolution
Social positions:
Member of the Ministry of Justice’s Advanced Training Program for International Lawyers
Leading Talents in Foreign-related Legal Practice in Guangdong Province
Member of the China-ASEAN (Macao) Arbitration Association
Member of the International Trade Law Committee of the Guangdong Lawyers Association
Member of the Belt and Road and Foreign Affairs Committee of the Guangdong Lawyers Association
Executive Director of the Dongguan Municipal Association for Research on the Rule of Law in Foreign-related Affairs
Deputy Director and Secretary-General, Hong Kong, Macao, Taiwan, and Foreign Affairs Committee, Dongguan Lawyers Association, Guangdong Province
Member of the Foreign-Related and Hong Kong, Macao, Taiwan, and Overseas Chinese Legal Affairs Committee of the Dongguan Lawyers Association, Guangdong Province
Research Findings:
“An Analysis of the Path for Rule-of-Law Cooperation in the Guangdong–Hong Kong–Macao Greater Bay Area from the Perspective of Governing the Country According to Law”
"Compliance Risk Prevention and Response for Dongguan Enterprises 'Going Global' in the Context of Globalization"
"Building a Mechanism for Mutual Trust in the Quality of International Medical Supplies Amid the Global Pandemic"
Legal service product:
“Full-Process Legal Services for Foreign-Invested Enterprises’ Investments in China”
“Comprehensive Legal Service Package for Corporate Self-Liquidation”
“Vietnam ‘One-Stop’ Cross-Border Compliance Legal Service Product”
“Indonesia One-Stop Cross-Border Compliance Legal Services Product”
Deng Peiyun
uibedengpy@163.com
Licensed attorney in the State of New York, United States; Doctor of Jurisprudence (J.D.)
Working language:Chinese, English
Business Area:
Private Equity and Venture Capital, Corporate Legal Counsel, Cross-Border Investment, Dispute Resolution
Research Findings:
Disqualification Challenges to Arbitrators at ICSID and Proposed Amendment to ICSID Arbitration Rules Article 9
A Study on Performance Requirement Clauses in International Investment Treaties
Typical Legal Services:
Assisted multiple RMB‑denominated and USD‑denominated private equity funds in investing in companies across sectors such as healthcare, machinery and equipment, and TMT, covering both domestic and overseas structured investments, as well as financial and strategic investments at the early-stage and PE stages.
Assisting clients in equity and asset acquisition transactions;
Assisting large private enterprises with their IPO projects on the Hong Kong and U.S. stock markets;
Serves as the long-term legal counsel to numerous state-owned enterprises, listed companies, and private enterprises.
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Zhiheng · Introduction