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What methods can be used to serve litigation documents on parties who do not have a residence within the territory of the People's Republic of China—FAQ 2 and the answer to the Service Procedure of Foreign Civil and Commercial Cases

by the Fourth Intermediate Court ofBeijing

· Procedure,Laws and Regulations,Lawyer

Answer: In foreign-related civil and commercial cases, there are many prescribed delivery methods to ensure the right of foreign parties to participate in litigation. The Court may use the following methods to serve litigation documents on parties who do not have a residence within the territory of the People's Republic of China:

1. To be served in accordance with the methods stipulated in international treaties concluded or jointly participated in by the recipient's country and the People's Republic of China;

2. Delivery through diplomatic channels;

3. For the recipient of service who has the nationality of the People's Republic of China, the embassy or consulate of the People's Republic of China stationed in the country where the recipient is located may be entrusted to serve on their behalf;

4. To serve on the litigation agent authorized by the recipient who has the right to accept service on their behalf;

5. To the representative office established by the recipient within the territory of the People's Republic of China or the branch or business agent authorized to receive service;

6. If the law of the country where the recipient is located allows for postal service, it can be delivered by mail. If the delivery receipt is not returned after three months from the date of mailing, but it is sufficient to determine that it has been delivered according to various circumstances, the date of expiration of the period shall be deemed as delivery;

7. Delivery can be confirmed by fax, email, or other means that confirm the recipient's receipt;

8. If the above-mentioned method cannot be used for delivery, the service shall be announced and deemed to have been delivered after three months from the date of the announcement.

 

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