A Same Person Statement, also commonly referred to as an Affidavit of One and the Same Person or Declaration of Identity, is a written declaration used to confirm that two or more different names, identity documents, or identity records relate to the same individual.
This type of document is particularly important in cross-border matters where a person’s nationality, name, passport, or other identification information has changed over time.
1. When Is a Same Person Statement Needed?
One of the most common situations involves a former Chinese citizen who later acquires foreign nationality.
For example, a person may previously have been identified in China by:
a Chinese name;
a Chinese Resident Identity Card;
a Chinese passport; and
a Chinese household registration record.
After becoming a foreign citizen, the same person may hold a foreign passport under a different spelling or even a different legal name.
When that person later needs to deal with assets, accounts, legal proceedings, or other matters in China, the Chinese authority or institution may need evidence establishing the connection between the former Chinese identity and the current foreign identity.
A Same Person Statement may therefore be required in matters involving:
sale or transfer of real estate in China;
inheritance and estate administration;
bank accounts and financial assets;
securities and insurance;
company shares or corporate registrations;
litigation or arbitration;
pension, social security or provident fund matters; and
other transactions where historical records were created under a previous identity.
It may also be useful where a person has changed his or her name because of marriage, divorce, naturalization or another legal name change, or where different passports contain different spellings of the same name.
2. What Does the Statement Normally Contain?
A properly prepared Same Person Statement will normally identify both the former and current identities of the declarant.
For example, it may state:
I, [Current Name], holder of [Country] Passport No. [XXXX], hereby declare that I was formerly known as [Former Chinese Name], holder of Chinese Resident Identity Card No. [XXXX] and/or former Chinese Passport No. [XXXX].
I hereby confirm that [Current Name] and [Former Chinese Name] refer to one and the same person, namely myself.
Depending on the circumstances, the statement may also include the declarant’s date and place of birth, date of naturalization, former nationality, current nationality, previous passport number, current passport number and details of any formal name change.
Copies of the relevant identity documents are usually attached or provided as supporting evidence.
3. How Can a Same Person Statement Be Used in China?
Simply signing a statement overseas will usually not be sufficient for formal use in China. The document generally needs to go through the appropriate notarization and cross-border document certification procedure in the country where it is executed.
Since 7 November 2023, the Apostille Convention has been in force for China. Public documents issued in another contracting state that are intended for use in mainland China generally no longer require Chinese consular legalization. Instead, an Apostille issued by the competent authority of the country of origin is generally sufficient for the cross-border authentication procedure.
Accordingly, a common procedure is:
Prepare the Same Person Statement and supporting identity documents.
Sign the statement before a local notary public or other competent authority, where required.
Obtain an Apostille from the competent authority in the country where the document is executed.
Prepare a Chinese translation if required by the Chinese receiving authority.
Submit the statement, Apostille and supporting identity documents to the relevant authority or institution in China.
For documents originating from a country to which the Apostille Convention does not apply in relation to China, the traditional consular legalization procedure may still be required.
4. Does an Apostille Prove That the Two Identities Are the Same?
Not exactly.
An Apostille mainly certifies the authenticity of the signature, the capacity of the person signing the public document and, where applicable, the seal or stamp appearing on the document. It does not certify that the factual contents of the Same Person Statement are true. The Chinese Ministry of Foreign Affairs expressly explains that an Apostille authenticates the relevant signature or seal rather than the substantive truth or legality of the document.
For this reason, Chinese authorities may still request supporting documents such as:
old and new passports;
former Chinese identity cards;
naturalization certificates;
certificates of loss or change of nationality;
legal name-change certificates;
household registration records; or
other documents connecting the two identities.
5. Will a Same Person Statement Always Be Accepted in China?
Not necessarily.
The precise requirements depend on the institution receiving the document. A Chinese court, notary office, bank, real estate registration authority or other government agency may have different requirements regarding the wording of the statement, supporting documents, translations and document formalities.
Chinese diplomatic authorities have also noted that obtaining an Apostille does not by itself guarantee that the document will be accepted by the receiving authority in China. Applicants are therefore advised to confirm the required form, content, validity period and translation requirements with the Chinese institution that will actually use the document.
Practical Example
Mr. Zhang was originally a Chinese citizen. Years ago, he purchased an apartment in China using his Chinese name, Chinese ID card and Chinese passport.
He later became a U.S. citizen and now holds a U.S. passport under the name John Zhang.
When he wants to sell the apartment in China, the property records still identify the owner using his former Chinese identity. The registration authority may therefore require evidence showing that John Zhang, the U.S. passport holder, and Zhang XX, the person identified in the original Chinese property records, are one and the same person.
In such a case, a properly drafted and authenticated Same Person Statement, together with the relevant old and new identity documents, can provide an important link between the two identities.
Conclusion
A Same Person Statement may appear simple, but it often plays a crucial role in cross-border legal and property matters.
Its purpose is essentially to answer one question:
“How can I prove that the person identified in my old Chinese records and the person identified in my current foreign passport are the same person?”
For anyone who has changed nationality, changed names or used different identity documents over time, it is advisable to confirm the requirements of the relevant Chinese authority before preparing and authenticating the document, as the wording and supporting evidence required may differ from case to case.
By David Gao, an international lawyer based in Beijing, China.
With 20+ year's practice, David Gao is highly proficient in Chinese company law and contract law, possesses extensive experience, and has been selected for the Ministry of Justice’s national talent pool of foreign-related lawyers in China.
For more information, please contact:
Email: gaohexin@163.com
Tel: 86-13611158067
