Differences between a person’s name across passports, identity documents and Chinese records can create significant administrative problems. A Chinese bank, court, company registry, property authority or government department may be unable to assume that two differently written names belong to the same individual.

A same person declaration—sometimes called a declaration of identity, one and the same person declaration or affidavit of name discrepancy—provides formal evidence that the different names refer to one person. When signed outside China, the declaration will normally need to be notarised and may also require an apostille or another form of legalisation.

When is a same person declaration required?

A declaration may be requested where a person’s name appears differently because of:

• A change of name following marriage or divorce;
• Reversal of the given name and family name;
• Use of a former or maiden name;
• Transliteration between Chinese characters and the Latin alphabet;
• Different English spellings of a Chinese name;
• Adoption of an English name;
• Inclusion or omission of a middle name;
• Spacing or punctuation differences;
• A typographical error in an older document; or
• Use of different passports or nationalities.

For example, an Australian passport might identify a person as “Wei Zhang”, while Chinese records identify that person as “Zhang Wei” or “张伟”. A declaration may be used to connect these identities, but it does not automatically amend either record.

The receiving authority in China should be asked what form of evidence it requires. Some authorities accept a notarised declaration supported by certified identity documents. Others may require a formal name-change certificate, marriage certificate, household registration record or Chinese notarial certificate.

Confirm the receiving authority’s requirements

Before preparing the declaration, obtain written instructions from the organisation in China. Relevant questions include:

• Does it have a prescribed declaration or affidavit form?
• Must the declaration be written in Chinese?
• Does it require an apostille?
• Which identity documents must be attached?
• Must the attachments also be notarised and apostilled?
• Is a certified Chinese translation required?
• How recently must the declaration have been signed?
• Will an electronic apostille or electronic notarisation be accepted?
• Must the original document be submitted?

The Chinese authority’s requirements are important because an apostille verifies the origin of a public document, but it does not require the receiving organisation to accept the document’s contents.

Information to include in the declaration

The document should contain enough information to distinguish the declarant from another person with a similar name. It should ordinarily include:

1. The declarant’s current full legal name;
2. Date and place of birth;
3. Nationality;
4. Current residential address;
5. Passport number, issuing country and expiry date;
6. Each alternative name, spelling or Chinese-character version;
7. The document on which each version appears;
8. An express statement that all the listed names identify the same person;
9. A short explanation for the discrepancy;
10. The purpose for which the declaration will be used in China; and
11. A statement that the declaration is true and made for presentation to the relevant Chinese authority.

Passport numbers and identity-document numbers should be checked carefully. A mistake in the declaration can require the document to be signed, notarised and apostilled again.

Suggested declaration wording

The precise wording should be adapted to the transaction and the requirements of the receiving authority. A simple declaration might state:

I, Wei Zhang, born on 10 January 1980 in Shanghai, China, currently residing at [address], am the holder of Australian passport number [number].

I solemnly and sincerely declare that “Wei Zhang”, “Zhang Wei” and “张伟”, as those names appear respectively in my Australian passport, former Chinese passport and Chinese property records, identify one and the same person, namely me.

The differences arise from the reversal of my family and given names and the transliteration of my Chinese name into the Latin alphabet.

I make this declaration for submission to [name of authority or organisation] in the People’s Republic of China in connection with [describe the transaction].

I declare that the information contained in this document is true and correct and understand that it will be relied upon for official purposes.

The declaration should not claim that a document contains an error unless that can be established. If the reason for the difference is uncertain, neutral wording such as “the names appear in different formats” may be safer.

Supporting documents

A declaration is stronger when supported by documents showing a continuous connection between the names. Depending on the circumstances, these might include:

• Current and expired passports;
• Chinese identity card;
• Household registration or hukou records;
• Birth certificate;
• Marriage or divorce certificate;
• Formal change-of-name certificate;
• Citizenship certificate;
• Driver licence;
• Residence permit;
• Company or property records; and
• Previous declarations or Chinese notarial certificates.

The attachments should be organised logically and labelled—for example, “Annexure A: Current Australian passport” and “Annexure B: Former Chinese passport”.

Where practical, use documents that show the same photograph, date of birth, place of birth or identity number. These common details help demonstrate that the differently named records relate to the same person.

Signing before a notary public

A privately prepared declaration is generally not automatically a public document. To use it internationally, the declarant will commonly sign it before a notary public in the country where the declaration is made.

The declarant should ordinarily attend with:

• The unsigned declaration;
• Original passport;
• Original supporting documents;
• Instructions from the Chinese receiving authority; and
• Any required Chinese translation.

The notary verifies the declarant’s identity, witnesses the signature and completes a notarial certificate. The notary may also certify copies of the supporting documents and bind them to the declaration.

The document should not be signed beforehand unless the notary has expressly agreed to a different procedure. A notary may also ask questions to confirm that the declarant understands the document and is signing voluntarily.

Obtaining an apostille

The Apostille Convention entered into force for mainland China on 7 November 2023. Consequently, public documents originating in most other Convention countries can generally be used in mainland China with an apostille instead of the former chain of authentication and Chinese consular legalisation. The change is confirmed by the Hague Conference on Private International Law.

An apostille does not certify that the factual statements in the declaration are correct. It authenticates the origin of the notarial act, including the notary’s signature, seal and official capacity.

The apostille is issued by the competent authority in the country where the notarisation occurred. In Australia, for example, apostilles are issued by the Department of Foreign Affairs and Trade. DFAT can apostille copies notarised by an Australian notary public, as explained in its official document-legalisation guidance.

The declaration should not generally be taken to China first and apostilled there. It must be apostilled by the competent authority of its country of origin.

Not every country has an operative Apostille Convention relationship with China. Some countries have objected to China’s accession, and documents from non-Convention countries may still require authentication and Chinese consular legalisation. The current relationship should be checked using the HCCH status table and the relevant Chinese embassy’s guidance.

Translation into Chinese

Many receiving authorities require a Chinese translation of the declaration and its notarial or apostille certificates. The authority should confirm whether it will accept a translation prepared abroad or requires translation by a designated agency in China.

Names, dates, passport numbers and Chinese characters must be reproduced consistently. The translator should not independently “correct” the different names because explaining those differences is the purpose of the declaration.

Where a translation is completed before notarisation, the notary may be asked to witness or certify the translator’s declaration. Alternatively, the notarised and apostilled document can be translated after it arrives in China.

Final checks before submission

Before sending the declaration, confirm that:

• Every version of the name is reproduced exactly;
• The current passport details are correct;
• The explanation is consistent with the supporting documents;
• The intended Chinese authority is correctly identified;
• All required annexures are attached;
• The notarial certificate is complete;
• The apostille or legalisation has been obtained;
• The required Chinese translation is included; and
• The recipient will accept the original, certified copy or electronic version being supplied.

A carefully drafted same person declaration creates a documented connection between inconsistent identity records. The best results are achieved by obtaining the Chinese authority’s requirements first, then coordinating the drafting, notarisation, apostille and translation as a single process.

This article provides general information and does not constitute Chinese or foreign legal advice. Requirements vary between Chinese courts, banks, registries, notarial offices and government authorities and should be confirmed before the declaration is executed.