service process Hague Service convention in China

Below please find our brief descriptions on service under Hague Service Convention in China:

(1)          According to the Hague Service Convention and the relevant PRC laws and regulations, the service of the Documents upon Yantai shall follow the procedures below:

(i)                Within five (5) days upon receipt of the Documents by the Department of Judicial Assistance and Foreign Affairs of the PRC Ministry of Justice (“MOJ”), MOJ shall forward them to the PRC Supreme People’s Court (“Supreme Court”).

(ii)               The Supreme Court shall forward the Documents to the competent higher people’s court  within 5 days upon receipt, which shall then forward the Documents to the competent intermediate people’s court, i.e., within 3 days upon receipt.

(iii)            

The intermediate court

shall finish the process of service within 10 days upon receipt of the Documents. Upon completion of the service, the Intermediate

 Court

shall deliver a proof of service to 

Higher Court

, which will forward the same to the Supreme Court, and then the Supreme Court to MOJ.

(iv)             MOJ shall complete a certificate based on the proof of service and send it to the applicant of the service according to the Hague Service Convention, stating that the Documents have been served and specifying the method, place and date of service and the person to whom the Documents are delivered. If the Documents fail to be served, the certificate shall set out the reasons for the failure.