China – Authorising someone to act on your behalf (委托书)

Documents intended for Hong Kong SAR or Macau SAR must be stamped with an apostille from the Department of Foreign Affairs and Trade and do not follow the same process as documents intended for China (mainland).

送往中国香港、澳门特区使用的各类文书如已在澳大利亚外交贸易部或其驻各州、领地办事处办理了Apostille(附加证明书),可直接使用,无需再进行认证。

Power of Attorney (委托书) in China

Flag of ChinaIf you live in Australia, but have business or property dealings in China, unless you are planning to travel to China to do things yourself, you may need to think about appointing someone in China to act on your behalf. Appointing someone to act on your behalf requires you to sign some sort of authority or a legal document known as a power of attorney (委托书).

如果您生活在澳大利亚,但在中国有业务或财产交易,除非您计划亲自前往中国进行事务,否则您可能需要考虑在中国任命某人代表您行事。任命代表要求您签署某种权限或法律文件,即委托书。

The power of attorney confirms to other people in China that the person that you have appointed, being your attorney/trustee (受托人) has the power to act on your behalf. Sometimes a simple authorisation letter can be enough depending on where you are using it or what you are using it for. If you want to make sure that there are no problems with your appointment or authority, then you should use a power of attorney. If you are not sure, you should ask a lawyer in China or your attorney for advice.

委托书向中国的其他人确认,您任命的受托人有权代表您行事。根据您使用它的地点或用途,有时简单的授权书就足够了。如果您希望确保任命或权限没有问题,您应使用委托书。如果您不确定,应询问中国的律师或受托人。

Templates for a power of attorney (委托书) in China

Copies of the template power of attorney for China can be found on the website of the Consulate General of the People’s Republic of China (中华人民共和国驻悉尼总领事馆).

中华人民共和国驻悉尼总领事馆网站上可以找到中国模板委托书的副本。
http://sydney.chineseconsulate.org/chn/gdtp/P020100726720494806824.pdf

Or you can download our modified version (which we have edited to allow for enough space to properly sign and stamp at the bottom of the page).

或者,您可以下载我们修改过的版本(我们已经编辑过,以便在页面底部有足够的空间进行正确的签名和盖章)。

These templates for the power of attorney are intended for a general purpose and are only provided for your information as an example of what our clients commonly use. We do not guarantee that these documents are either relevant or suitable to your specific situation and we encourage you to ask a lawyer in China or your attorney for advice.

这些授权书模板旨在作为一般用途,仅供您作为我们的客户通常使用的文件的示例提供信息。我们不保证这些文件与您的特定情况相关或适用,并鼓励您询问中国的律师或受托人的意见。

Authentication of documents going to China

Before a power of attorney (委托书) can be valid in China, it must be:

  1. Signed in front of a notary public (公证律师)
  2. Authenticated by the Department of Foreign Affairs and Trade (DFAT) 澳大利亚外交贸易部, and then
  3. Authenticated by the Chinese Embassy or consulate in your state (ie, 中华人民共和国驻悉尼总领事馆 for Sydney)

If you do not follow this three-stage process, your power of attorney (or any other authorisation letter) will not be accepted in China as being legally valid and may not be recognised in the way that you want it to be recognised. Unfortunately, it may also mean that you will incur additional costs and suffer unnecessary delays.

如果您不遵循这一三阶段流程,您的委托书(或任何其他授权书)将不被中国视为合法有效,并可能无法按照您希望的方式得到认可。不幸的是,这也可能意味着您将面临额外的费用和不必要的延迟。

Although many clients arrange for their own authentication with DFAT and the Chinese Embassy or consulate, we can also assist you by providing you with this service to avoid the hassles and the hardship of doing it yourself. We will lodge and collect the notarised power of attorney from DFAT, and in special circumstances, we can also assist clients with lodging with and collecting from the Chinese Consulate in Sydney on your behalf (however, due to the cost we generally only provide this service to a select few clients). Be aware that the whole process can take up to 4 weeks to complete.

尽管许多客户安排自己与DFAT和中国大使馆或领事馆进行认证,但我们也可以通过为您提供此服务来帮助您避免自己办理的麻烦和困难。我们将从DFAT提交和收集公证过的委托书,并在特殊情况下,还可以协助客户代表您向悉尼中国领事馆提交和收集文件(但由于成本的原因,我们通常只向少数客户提供此服务)。请注意,整个过程可能需要4周才能完成。

For more information about authenticating your document with the Chinese Embassy or consulate, visit the information form found on the website of the Consulate General of the People’s Republic of China. 有关在中国大使馆或领事馆认证您的文件的更多信息,请访问中华人民共和国驻悉尼总领事馆网站上的信息表格。
http://sydney.chineseconsulate.org/eng/gdtp/P020090901512056954884.pdf

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Ern Phang, Notary Public
Ern Phang
Notary Public

This website is maintained by Phang Legal, a boutique law firm in Parramatta and a leading provider of quality notary public services to satisfied clients across Sydney.

Ern Phang is a director of Phang Legal and a notary public (since 2005). Ern regularly writes about his experiences as a notary public and the issues faced by his clients in sending documents to other countries.

All information on this website is for general purposes only and correct at the time of publication. Only rely on information and advice that is specific to your situation and current at the time you wish to rely on it.