Home   Knowledge  China  Foreign Investment in China  General Information  Identity Declaration Notarization Guide 

KNOWLEDGE

SHARE

Identity Declaration Notarization Guide

【Font:L M S

Identity Declaration Notarization Guide

  1. Core Issue

    In accordance with the Nationality Law of the People's Republic of China, China does not recognize dual nationality. Where a natural person voluntarily acquires a foreign nationality, their Chinese nationality shall be automatically forfeited, and their household registration and resident identity card shall be legally cancelled.

    Property rights and interests previously registered under the Chinese citizen identity (Chinese name + resident ID number), including real estate, bank accounts, social insurance, housing provident funds, equity, vehicles and other assets, will not be automatically linked to the foreign passport identity upon household registration cancellation.

    In practice, domestic administrative authorities, financial institutions and judicial authorities have no authority, dedicated system or statutory obligation to verify the identity consistency between an overseas passport and a cancelled Chinese identity. Old identity cards, household registration cancellation certificates and verbal explanations have no legal probative effect, which inevitably leads to practical obstacles such as blocked real estate transactions, failure to update bank account information, restrictions on cross-border capital remittance, inability to withdraw social insurance and housing provident funds, and stagnated inheritance and judicial proceedings.

    The only legal remedy to resolve the above issues is to complete the notarization and cross-border authentication of a One-and-the-Same Person Declaration, so as to establish a legal connection between the old and new identities.

  2. Legal Positioning and Core Functions of the One-and-the-Same Person Declaration

    A One-and-the-Same Person Declaration is a legal document issued by an expatriate individual, notarized by an overseas notarial institution and completed with statutory cross-border authentication procedures. It serves as a legally recognized instrument to confirm identity unity and is fully admissible by domestic authorities.

    (1)
    Identity Confirmation Effect

    It legally certifies that the former Chinese citizen (Chinese name, ID number, household registration information) and the current foreign national (foreign name, passport number, nationality) refer to the same natural person, bridging the legal subject identity gap.

    (2)
    Institutional Admission Basis

    Real estate registration centers, banks, social security bureaus, housing provident fund management centers, domestic notarial offices, people’s courts and other authorities exclusively accept notarized and authenticated One-and-the-Same Person Declarations as mandatory supporting documents for identity modification, asset disposal and rights and interests’ settlement.

    (3)
    Compliance Foundation for Cross-border Documents

    Documents notarized overseas are only valid for use within Chinese territory after completing China’s recognized cross-border authentication procedures; unauthenticated documents will be uniformly rejected by domestic authorities.

  3. High-Frequency Scenarios Mandating the Declaration

    A One-and-the-Same Person Declaration is required for all matters involving the disposal of assets, qualifications and rights and interests registered under the previous Chinese identity, mainly categorized into four types:

    (1)
    Real Estate Matters

    Property sale, gift, inheritance, title transfer, mortgage creation/release, property information modification, demolition compensation collection, etc.

    (2)
    Finance & Capital Matters

    Bank account unfreezing, personal information update, domestic capital remittance overseas, securities/fund account modification, wealth management and loan processing, deposit inheritance, etc.

    (3)
    Social Insurance & Housing Provident Fund Matters

    Account cancellation and withdrawal, account transfer, benefit application and collection, information verification and modification, etc.

    (4)
    Legal & Qualification-Related Matters

    Subject confirmation in domestic civil litigation, estate inheritance, marriage registration matters, driver’s license/professional qualification certificate renewal, equity alteration, vehicle title transfer, etc.

  4. Cross-Border Authentication Rules & Application Procedures (Two Statutory Options)

    China is a contracting state to the Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents. Authentication procedures are determined based on whether the applicant’s resident country is a member state of the Hague Convention:

    (1)
    Hague Convention Member States (the United States, Canada, the United Kingdom, Australia, New Zealand, Japan, South Korea, most EU countries, etc.)

    Applicable procedure: Apostille Authentication (streamlined and time-efficient)
    Draft a standard One-and-the-Same Person Declaration with complete key identity information and signed by the applicant in person
    Notarization by a local notary public or notarial institution
    Apostille certification issued by the designated local competent authority (e.g., Secretary of State)
    Chinese translation and certified translation by a qualified domestic translation institution with official seal

    (2)
    Non-Hague Convention Member States (Vietnam, Thailand, Myanmar, some African countries, etc.)

    Applicable procedure: Consular Triple Authentication (complete mandatory procedures)
    Notarization by a local notarial institution
    Authentication by the foreign country’s Ministry of Foreign Affairs or authorized authority
    Consular authentication by the Chinese Embassy or Consulate in the host country
    Chinese translation and certified translation by a qualified domestic translation institution with official seal

  5. Document Checklist & Key Application Notes

    (1)
    Mandatory Documents

    Valid current foreign passport, previous Chinese identity card (if available), household registration cancellation certificate (if available), signed One-and-the-Same Person Declaration, and auxiliary asset title certificates for information verification.

    (2)
    Accuracy Requirements

    All information including Chinese name, ID number, foreign name, passport number, nationality and cancellation date must be fully consistent without any alteration or correction; otherwise, the documents shall be deemed invalid.

    (3)
    Processing Cycle Suggestions

    Reserve 1 to 2 months in advance for apostille applications; reserve more than 2 months for consular authentication applications to accommodate mailing, authentication and translation lead times.

  6. Validity & Practical Guidelines for Passport Renewal

    A One-and-the-Same Person Declaration has no fixed expiry date and remains valid long-term if the identity linkage fact remains unchanged.

    For renewed passports, applicants may present a combined set of documents: new passport + old passport + original One-and-the-Same Person Declaration.

    Certain institutions may require an updated declaration for new passports. The optimal solution is to complete a new declaration upon passport renewal for long-term universal validity.

  7. Conclusion

    Acquisition of foreign nationality does not impair the legitimate property rights and interests of individuals within China; however, legal procedures must be completed to unify old and new identities.

    The notarization and authentication of a One-and-the-Same Person Declaration is the core statutory document to connect dual identities and unfreeze domestic assets and related rights and interests, serving as a prerequisite and mandatory legal formality. Standardized advance application can effectively prevent entry obstacles to China, service suspension and legal disputes, ensuring the smooth exercise of personal legitimate rights and interests.

Disclaimer

All information in this article is only for the purpose of information sharing, instead of professional suggestion. Kaizen will not assume any responsibility for loss or damage.

If you wish to obtain more information or assistance, please visit the official website of Kaizen CPA Limited at www.kaizencpa.com or contact us through the following and talk to our professionals:

Email: info@kaizencpa.com
Tel: +852 2341 1444
Mobile : +852 5616 4140, +86 152 1943 4614
WhatsApp/ Line/ WeChat: +852 5616 4140
Skype: kaizencpa

Language

繁體中文

简体中文

日本語

close