I. Conditions for Enforcement Application
1.The legal document serving as the basis for enforcement must be legally effective, and any conditions attached to the obligations under the document must be fulfilled or the performance period must have expired.
Note: Legally effective documents eligible for enforcement include:
(1) Civil and administrative judgments, rulings, mediation agreements, civil sanction decisions, payment orders, and property-related portions of criminal-civil judgments, rulings, or mediation agreements;
(2) Administrative penalty or administrative processing decisions enforceable by the People's Court;
(3) Arbitral awards and mediation agreements issued by Chinese arbitration institutions, as well as property or evidence preservation rulings made by the People's Court under the Arbitration Law of the People's Republic of China;
(4) Creditor documents with enforceable effect notarized by a notary office;
(5) Judgments, rulings issued by foreign court and recognized by the People's Court, and foreign arbitral awards issued by foreign arbitration institutions and recognized by the People's Court;
(6) Other legal documents enforceable by the People's Court as prescribed by law.
Such documents must specify clear obligations (e.g., payment or specific actions) and identify the enforcement subject and respondent.
2.The applicant must be the rights holder specified in the legally effective document or their successor, transferee;
3.The rights and obligations in the document must be clearly defined;
4.The document must contain specific and definite enforceable content (e.g., payment or specific actions);
5.The obligations under the document remain unfulfilled or partially unfulfilled;
6.The application falls under the jurisdiction of the People's Court receiving the application.
II. Time Limit for Enforcement Application
The applicant must file the enforcement application within the statutory period: Two years from the expiration date of the performance period specified in the legal document; for installment obligation, from the expiration date of the final installment; if no performance period is specified, from the date the document becomes legally effective.
III. Jurisdiction for Enforcement Cases
Enforcement applications must be submitted to the competent People's Court under the following rules:
1.For judgments or rulings issued by the People's Court: the court that rendered the first-instance judgment;
2.For recognized foreign judgments, rulings or arbitral awards: the court that issued the recognition ruling;
3.For domestic arbitral awards: the Intermediate People's Court at the respondent's domicile or location of the property; for notarized creditor documents: the People's Court at the respondent's domicile or location of the property, following jurisdictional rules for litigation cases;
4.For domestic arbitration-related property preservation (or evidence preservation) applications: the Primary People's Court at the respondent's domicile or location of the preserved property or evidence;
5.For foreign-related arbitration property preservation (or evidence preservation) applications: the Intermediate People's Court at the respondent's domicile or location of the preserved property or evidence.
IV. Documents Required for Enforcement Application
1.Enforcement Application which shall include basic details of both parties, grounds of enforcement application, claims, enforcement subject, service addresses, contact information, and property status of the respondent known to the applicant for enforcement. Oral applications are permitted if writing is impractical, but a written record signed by the applicant is required.
Foreign applicants must submit Chinese-language application. If there is a legal assistance treaty mutually concluded or jointly participated in by the country in which the parties are located and China, it shall be handled in accordance with the special provisions of the treaty.
2.Legally effective document of the enforceable document.
3.Identity Proof of applicant and respondent:
- For citizens: ID card or equivalent;
- For legal persons or other organizations: Copy of business license, materials proving the identity of the legal representative or principal and ID proof of the legal representative or principal.
4. If the application for enforcement is made by an agent, a power of attorney shall also be submitted (in the case of a proxy, a power of attorney signed or sealed by the principal shall be submitted to the People's Court, stating the matters to be entrusted and the authority of the agent. Where an agent is entrusted to waive or change civil rights, or to carry out an enforcement settlement, or to collect enforcement money, there shall be a special authorization from the principal).
Foreigners, stateless persons, foreign legal persons must comply with the Civil Procedure Law of the People's Republic of China for agent authorization.
5. If the successor or the transferee of the right applies for enforcement, the document proving the inheritance or rights transfer shall also be submitted.
6. Other required documents as specified by the People's Court.
V. Special Instructions for Applicants
During enforcement proceedings, the applicant must actively cooperate with the People's Court by providing timely information on the respondent's property status, property clues of the respondent, and debt repayment capacity or whereabouts of the respondent. Failure to assist may result in the risk of non-enforcement.
If the applicant has learned about the property clues of the respondent, but indeed has difficulties in ascertaining the respondent's property status independently, the applicant has the right to apply for court investigation. However, the applicant shall submit a written application and state the reasons.
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