Jiaxing Issues Guide for Property Registration by Foreigners

The city of Jiaxing in Zhejiang Province has issued a new document titled "Answers to Questions on Real Estate Registration for Residents of Hong Kong, Macao, Taiwan, and Foreign Nationals".

The guidelines clarify key questions regarding identification requirements, power of attorney documents, notarization procedures, and name registration in property certificates. Below is a summary of the main points:

1. What identification documents are required?

(1)Residents of the Hong Kong and Macao Special Administrative Regions (SARs):

Must provide either a Permanent Resident Identity Card of Hong Kong or Macao, a passport, a Mainland Travel Permit for Hong Kong and Macao Residents, or a Residence Permit for Hong Kong and Macao Residents.

(2)Residents of Taiwan:

Must provide a Mainland Travel Permit for Taiwan Residents or a Residence Permit for Taiwan Residents.

(3)Foreign nationals:

Must provide a Foreign Permanent Resident ID Card or a passport issued by their country of nationality.

2. What if the applicant cannot appear in person?

If an applicant is unable to complete the registration in person, they may authorize an agent to act on their behalf. The power of attorney must be notarized or authenticated in accordance with applicable legal standards.

3. What are the notarization and certification requirements for documents issued in Hong Kong, Macao, Taiwan, or abroad?

(1)Documents issued abroad:

① Must be authenticated by a Chinese embassy or consulate in the issuing country, or by a diplomatic institution authorized by the Ministry of Foreign Affairs.

② Alternatively, if the issuing country is a member of the Hague Apostille Convention (Convention Abolishing the Requirement of Legalisation for Foreign Public Documents), an apostille certificate may be accepted—unless China has declared the convention inapplicable to that country.

(2)Documents notarized in Hong Kong SAR:

Must be issued by a "China-Appointed Attesting Officer (Hong Kong)" commissioned by the Ministry of Justice and forwarded with a seal by China Legal Service (Hong Kong) Ltd.

(3)Documents notarized in Macao SAR:

May be processed in one of two ways:

①Issued by a "China-Appointed Attesting Officer (Macao)" and verified by China Legal Service (Macao) Ltd.

②Directly processed by China Legal Service (Macao) Ltd.

(4)Documents issued by notary institutions in Taiwan:

Must be forwarded through the China Notary Association or a provincial-level notary association within the Chinese mainland.

4. Can foreign-language names be used on real estate ownership certificates?

No. Real estate ownership certificates must list the name of the rights holder in Chinese characters. According to the Real Estate Registration Procedures, the following rules apply:

(1)Names must match the Chinese characters as stated on the official identity documents.

(2)If the name on the identity document is in a foreign language, a Chinese transliteration must be used. The original foreign-language name can be recorded in the remarks section of the application form.

In addition:

(1)Any application documents in a foreign language must be translated into Chinese. The applicant must sign the translated version and is responsible for its accuracy.

(2)Under Article 222 of the Civil Code of the People's Republic of China, applicants who submit false materials and cause harm to others shall be held liable for compensation.

Source: OT-Team(G)