Civil Trial Guidance and Reference - (Issue No. 25)

Author: Huang Songyou
Publisher:
Publish Date: 2006-05-01
Features: 【New Judicial Interpretation】Arrangement on Mutual Recognition and Enforcement of Civil and Commercial Judgments between the Mainland and the Macao Special Administrative Region (Adopted by the 1378th Meeting of the Supreme People's Court's Judicial Committee on February 13, 2006, No. [2006] 2 of Judicial Interpretations) According to Article 93 of the Basic Law of the Macao Special Administrative Region of the People's Republic of China, the Supreme People's Court and the Macao Special Administrative Region, through consultation, have reached the following arrangement regarding the mutual recognition and enforcement of civil and commercial judgments between the Mainland and the Macao Special Administrative Region:
Article 1 The mutual recognition and enforcement of judgments in civil and commercial cases (including labor disputes in the Mainland and labor civil cases in the Macao Special Administrative Region) between the Mainland and the Macao Special Administrative Region shall be governed by this Arrangement. This Arrangement also applies to judgments and orders on civil damages in criminal cases. This Arrangement does not apply to administrative cases.
Article 2 The term "judgment" referred to in this Arrangement includes, in the Mainland: judgments, orders, decisions, mediation agreements, and payment orders; and in the Macao Special Administrative Region: judgments, orders, decrees confirming settlements, and decisions or decrees of judges. The term "requested party" refers to the party in the Mainland or the Macao Special Administrative Region that accepts the application for recognition and enforcement of the judgment.
Article 3 A party may apply to the court with jurisdiction in the other party's region for the recognition and enforcement of a final judgment with a payment obligation. For judgments without a payment obligation or those that do not require enforcement but need judicial recognition, a party may apply for recognition separately to the other party's court or use the judgment as evidence in litigation proceedings in the other party's court.
Article 4 The Intermediate People's Courts in the Mainland with jurisdiction to accept applications for recognition and enforcement of judgments are those where the respondent resides, has a habitual residence, or has property. If two or more Intermediate People's Courts have jurisdiction, the applicant shall choose to submit the application to one of them. In the Macao Special Administrative Region, the Intermediate People's Court has jurisdiction to accept applications for recognition of judgments, while the Primary People's Court has jurisdiction for enforcement.
Article 5 If the respondent has assets available for execution in both the Mainland and the Macao Special Administrative Region, the applicant may submit an execution application to a court in one region. At the same time, the applicant may also apply to the court in the other region.