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Notary Law of the People's Republic of China

Release time: 2019-05-10 10:01 source: Nanning Justice Bureau

The "Notarization Law of the People's Republic of China" was adopted by the Seventeenth Meeting of the Standing Committee of the Tenth National People's Congress of the People's Republic of China on August 28, 2005. It is hereby promulgated and will come into force on March 1, 2006.

The 2015 Decision of the Standing Committee of the National People's Congress on Amending the Notarization Law of the People's Republic of China, namely, Order No. 25 of the President of the People's Republic of China, has been adopted by the 14th Standing Committee of the 12th National People's Congress of the People's Republic of China. The meeting was adopted on April 24, 2015, and will be implemented from the date of announcement. (According to the Third Amendment to the Decision of the Eighth Law including the Law of the People's Republic of China on the Twenty-ninth Session of the Standing Committee of the Twelfth National People's Congress on September 1, 2017)

Chapter I General Provisions

Article 1 This Law is formulated to regulate notarization activities, guarantee notarization agencies and notaries to perform their duties in accordance with law, prevent disputes, and protect the legitimate rights and interests of natural persons, legal persons or other organizations.

Article 2 Notarization is the activity of a notary public to prove the authenticity and legitimacy of civil legal acts, facts of legal significance, and documents in accordance with legal procedures on the application of a natural person, legal person, or other organization.

Article 3 For notarization, notary agencies shall abide by the law and adhere to the principles of objectivity and fairness.

Article 4: China notary associations are established nationwide, and local notarization associations are established in provinces, autonomous regions and municipalities. China Notary Association and local notary associations are social group legal persons. The articles of association of the Chinese Notarization Association are formulated by the member congress and reported to the judicial administration department of the State Council for the record.

The Notary Association is a self-regulatory organization of the notary industry. It carries out activities in accordance with the charter and supervises the practice activities of notary agencies and notaries.

Article 5 The judicial administrative department shall supervise and guide notary agencies, notaries and associations in accordance with the provisions of this Law.

Chapter II Notary Office

Article 6 A notary institution is a certification institution established in accordance with the law, not for profit purposes, independently performing notarial functions according to law, and bearing civil liability.

Article 7 Notarization agencies may be established in counties, cities without districts, cities with districts, municipalities, or municipal districts in accordance with the principles of overall planning and rational layout; one or more notarization institutions may be established in districts or municipalities . Notarial offices are not established in layers according to administrative divisions.

Article 8 The establishment of a notary office shall meet the following requirements:

(1) have their own name;

(2) there are fixed places;

(3) having two or more notaries;

(4) It has the necessary funds for carrying out the notary business.

Article 9 The establishment of a notarial office shall be issued by the judicial administrative department of the locality to the judicial administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government in accordance with prescribed procedures, and then issue a practice certificate for the notary office.

Article 10 The person in charge of a notary office shall be selected from among notaries who have more than three years of practice experience, and shall be approved by the judicial administrative department of the locality and reported to the judicial administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government for the record.

Article 11 Upon the application of a natural person, legal person or other organization, a notary office shall handle the following notarization matters:

(1) contract;

(2) inheritance;

(3) entrustment, declaration, gift, and will;

(4) division of property;

(5) bidding, auctioning;

(6) Marital status, kinship, adoption relationship;

(7) birth, survival, death, identity, experience, education, degree, position, title, and record of illegal and criminal activities;

(8) the articles of association of the company;

(9) preservation of evidence;

(10) The signature, seal, date on the document, and the copy and photocopy of the document are consistent with the original;

(11) Other notarized matters voluntarily applied for by natural persons, legal persons or other organizations.

For matters that should be notarized as required by laws and administrative regulations, relevant natural persons, legal persons or other organizations shall apply to a notary office for notarization.

Article 12 On the application of a natural person, legal person or other organization, a notary office may handle the following affairs:

(1) matters required by laws and administrative regulations to be registered by a notary office;

(2) Deposits;

(3) custody of wills, inheritances or other property, articles and documents related to notarization matters;

(4) writing legal affairs documents related to notarization matters;

(5) Provide notarized legal advice.

Article 13 The notary shall not commit the following acts:

(1) issuing a notary certificate for untrue and illegal matters;

(2) destroying or tampering with a notarized document or a notarized file;

(3) soliciting notarial business by improper means such as slandering other notary agencies, notaries or paying rebates or commissions;

(4) leaking state secrets, business secrets, or personal privacy known to them during their practice activities;

(5) Notarization fees collected in violation of the prescribed charging standards;

(6) Other acts prohibited by laws, regulations, and the judicial administrative department of the State Council.

Article 14 A notary institution shall establish a management system for business, finance, assets, etc., supervise the practice of notaries, and establish a system for investigating liability for professional faults.

Article 15 Notarization agencies shall participate in notarization practice liability insurance.

Chapter III Notary

Article 16 A notary is a practitioner who meets the conditions stipulated in this Law and engages in notary business in a notary office.

Article 17 The number of notaries shall be determined according to the needs of notary business. The judicial administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall, in accordance with the establishment of notary agencies and the needs of notary business, approve the plan for the allocation of notaries and report to the judicial administrative department of the State Council for the record.

Article 18 As a notary public, the following conditions shall be met:

(1) Having the nationality of the People's Republic of China;

(2) Above the age of 25 years and below the age of 65 years;

(3) Fair and decent, abide by disciplines and laws, and conduct well;

(4) Obtaining legal professional qualifications through the national uniform legal professional qualification examination;

(5) Internship in a notary office for more than two years or other legal professional experience for more than three years, and internship in a notary office for more than one year, passing the assessment.

Article 19 Personnel with senior professional titles or civil servants and lawyers with a senior professional title or undergraduate degree or above who have engaged in trials, prosecutions, legal work, and legal services for ten years have left their original jobs and passed the assessment. Yes, you can serve as a notary.

Article 20 No one shall be a notary in any of the following circumstances:

(1) having no capacity for civil conduct or limited capacity for civil conduct;

(2) Having received criminal punishment for an intentional crime or a crime of duty;

(3) being dismissed from public office;

(4) The practice certificate of a notary or lawyer has been revoked.

Article 21 As a notary public, an application shall be made by a person who meets the requirements of a notary public. Upon the recommendation of a notary agency, the judicial administrative department of the locality shall report to the judicial administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government for examination and approval before reporting to the judicial administrative department of the State Council Appointed by the department, and the judicial administration department of the people's government of the province, autonomous region, or municipality directly under the Central Government issues a notary's practice certificate.

Article 22 A notary shall abide by discipline and law, abide by professional ethics, perform notarization duties in accordance with law, and keep secrets of practice.

Notaries have the right to receive labor remuneration, enjoy insurance and welfare benefits; have the right to file resignations, appeals or complaints; not be removed or punished for statutory reasons and procedures.

Article 23 Notaries shall not:

(1) practicing in two or more notary institutions at the same time;

(2) engaging in other professions with remuneration;

(3) Applying for notarization for himself and his close relatives or notarization of interests with himself and his close relatives;

(4) issuing a notary certificate in private;

(5) issuing notarization certificates for untrue and illegal matters;

(6) Embezzlement or misappropriation of notarization fees or embezzlement or theft of special articles for notarization;

(7) destroying or tampering with a notarized document or a notarized file;

(8) leaking state secrets, business secrets, or personal privacy known to them during their practice activities;

(9) Other acts prohibited by laws, regulations and the judicial administrative department of the State Council.

Article 24 If a notary has any of the following circumstances, the judicial administrative department of the locality shall report to the judicial administrative department of the people ’s government of the province, autonomous region, or municipality directly under the jurisdiction of the judicial administrative department of the State Council for removal:

(1) Loss of nationality of the People's Republic of China;

(2) Those who have reached the age of sixty-five or are unable to continue performing their duties due to health reasons;

(3) Resigning voluntarily as a notary;

(4) The practice certificate of the notary has been revoked.

Chapter IV Notarization Procedure

Article 25 An application for notarization by a natural person, legal person, or other organization may be made to the notary office at the place of residence, habitual residence, place of conduct, or place of fact.

The application for notarization involving immovable property shall be submitted to the notarial office where the immovable property is located; for the application for notarization of entrustment, declaration, gift, and will involving immovable property, the provisions of the preceding paragraph may apply.

Article 26 A natural person, legal person, or other organization may entrust others to apply for notarization, except that the will, survival, and adoption relationship should be notarized by the person.

Article 27 The parties applying for notarization shall truthfully explain to the notarial office the relevant circumstances of the matters applying for notarization, and provide true, legal, and sufficient certification materials; if the provided certification materials are insufficient, the notarial office may request supplements.

After the notary office accepts the application for notarization, it shall inform the parties of the legal significance and possible legal consequences of the application for notarization, and archive the contents of the notification.

Article 28 When notarization is conducted by a notary office, the following matters shall be examined separately in accordance with the rules for different notarization matters:

(1) the identity of the parties, their qualifications for applying for such notarization, and their corresponding rights;

(2) Whether the content of the documents provided is complete, whether the meaning is clear, and whether the signature and seal are complete;

(3) Whether the certification materials provided are true, legal, and sufficient;

(4) Whether the matters applying for notarization are true and legal.

Article 29. Notarization agencies shall verify the matters applying for notarization and the certification materials provided by the parties in accordance with the relevant rules for the issuance of certificates, or shall entrust verification by other notary agencies. The relevant units or individuals shall, in accordance with the law, conduct verifications. To assist.

Article 30 After examination, the notary office considers that the certification materials provided by the application are true, legal, and sufficient, and the matters applying for notarization are true and legal, and it shall issue a notarization to the parties within 15 working days from the date of accepting the application for notarization. However, due to force majeure, supplementary certification materials, or the need to verify the situation, the time required is not counted within the time limit.

Article 31 In any of the following circumstances, the notary office shall not handle notarization:

(1) a person without or with limited capacity for civil conduct has no guardian to apply for notarization on his behalf;

(2) the parties have no interest in the matter applying for notarization;

(3) The matter applying for notarization is a matter of professional technical appraisal and evaluation;

(4) where the parties have disputes over the application for notarization;

(5) The parties make up, conceal facts, or provide false certification materials;

(6) The certification materials provided by the parties are insufficient or refuse to supplement the certification materials;

(7) The matters applying for notarization are untrue and illegal;

(8) The matters for which the application for notarization is contrary to social morality;

(9) The parties refuse to pay notarization fees in accordance with the regulations.

Article 32 A notarization certificate shall be made in accordance with the format prescribed by the judicial administrative department of the State Council, signed by a notary or stamped with a signature seal and stamped by a notary office. The notarization takes effect from the date of issue.

The notarization certificate shall be written in the national language; in the ethnic autonomous areas, according to the requirements of the parties, texts in the local national language may be produced.

Article 33 If a notarial certificate needs to be used abroad, and the country of use requires certification, it shall be certified by the Ministry of Foreign Affairs of the People's Republic of China or an agency authorized by the Ministry of Foreign Affairs and the embassy (consulate) of the relevant country in the People's Republic of China.

Article 34 The parties shall pay notarization fees in accordance with the regulations.

For parties that meet the conditions for legal aid, the notary office shall reduce or exempt notarization fees in accordance with the regulations.

Article 35 The notarial office shall classify and file the notarized documents and keep them on file. Important notarized files such as matters that should be notarized as required by laws and administrative regulations shall be transferred to the local archives for safekeeping in accordance with the provisions when the period of preservation of the notarized archives is maintained in a notary office.

Chapter V Notarization Effect

Article 36 Notarized civil legal acts, facts and documents of legal significance shall be the basis for determining the facts, except where there is evidence to the contrary that is sufficient to overturn the notarization.

Article 37 In the case of a notarized debt instrument with payment as the content and stating that the debtor is willing to accept a compulsory enforcement commitment, if the debtor fails to perform or performs inappropriately, the creditor may apply to the people's court with jurisdiction in accordance with the law for enforcement.

If there is indeed an error in the creditor's rights document stipulated in the preceding paragraph, the people's court shall rule that it shall not be executed and send the written order to both parties and the notary.

Article 38 Where laws and administrative regulations provide that matters that have not been notarized have no legal effect, such provisions shall be followed.

Article 39 If a party or an interested party in a notarized matter considers that the notarization is wrong, it may submit a review to the notary office that issued the notarization. If the content of the notarization certificate is illegal or inconsistent with the facts, the notarial office shall revoke the notarization certificate and announce it, and the notarization certificate shall be invalid from the beginning; if there are other errors in the notarization certificate, the notary office shall correct it.

Article 40 If a party or an interested party in a notarized matter has a dispute over the content of a notary, it may file a civil lawsuit in a people's court over the dispute.

Chapter VI Legal Liability

Article 41 If a notary public office and its notary conduct any of the following acts, the judicial administrative department of the people's government of the province, autonomous region, municipality directly under the Central Government, or city divided into districts shall give a warning; If the fine is less than 10,000 yuan, the notary shall be fined not less than 1,000 yuan but not more than 5,000 yuan, and may be punished for suspension of practice for more than three months and less than six months. If there is illegal income, the illegal income shall be confiscated:

(1) Soliciting notarial business by defamating other notarial agencies, notaries or paying improper means such as rebates or commissions;

(2) Charging notarization fees in violation of the prescribed charging standards;

(3) practicing in two or more notary institutions at the same time;

(4) engaging in other professions with remuneration;

(5) applying for notarization for himself or his close relatives or notarization of interests with himself or his close relatives;

(6) Other acts that should be punished in accordance with laws and administrative regulations.

Article 42 If a notary public office and its notary conduct any of the following acts, the judicial administrative department of the people's government of a province, autonomous region, municipality directly under the Central Government, or a city divided into districts shall give a warning to the notary public office and impose a penalty of 20,000 to 100,000. Fines and penalties for suspension of business for more than one month and less than three months; warning to notary public and fines of not less than 2,000 yuan but less than 10,000 yuan; and punishment for suspension of practice for more than three months and less than twelve months Penalties; confiscation of illegal income if there is illegal income; if the circumstances are serious, the judicial administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government revokes the practice certificate of a notary; if a crime is constituted, criminal responsibility shall be investigated according to law:

(1) issuing a notary certificate in private;

(2) issuing a notary certificate for untrue and illegal matters;

(3) Embezzlement or misappropriation of notarization fees or the appropriation or theft of notarized articles;

(4) destroying or tampering with a notarized document or a notarized file;

(5) Disclosure of state secrets, business secrets or personal privacy learned during the practice activities;

(6) Other acts that should be punished in accordance with laws and administrative regulations.

Where a criminal penalty is imposed for intentional crimes or crimes of duty negligence, the notary's practice certificate shall be revoked.

Those who have had their practice certificates revoked shall not serve as defenders or litigation agents, except those who are the guardians or close relatives of the parties to criminal, civil, or administrative litigation.

Article 43 If a notary office and its notary cause losses to the parties or interested parties of the notarized matter due to their fault, the notary office shall bear the corresponding liability for compensation; after the notary office has compensated, it may report to the notary who has intentional or serious fault Recovery.

In the event of a dispute between the parties, the interested parties of the notarized matter, and the notary, a civil lawsuit may be filed in the people's court.

Article 44 If a party or any other individual or organization commits any of the following acts and causes losses to others, it shall bear civil liability in accordance with the law; if it violates the administration of public security, it shall be punished in accordance with the law;

(1) providing false certification materials to defraud a notarial certificate;

(2) engaging in fraudulent activities by using false notaries;

(3) Forging, altering, or buying or selling forged or altered notarized certificates or seals of notary agencies.

Chapter VII Supplementary Provisions

Article 45 The embassies (consulates) of the People's Republic of China may apply for notarization in accordance with the provisions of this Law or the international treaties concluded or acceded to by the People's Republic of China.

Article 46 The standard for notarization fees shall be formulated by the competent price department of the people's government of the province, autonomous region, or municipality directly under the Central Government, together with the judicial administrative department at the same level.

Article 47 This Law shall enter into force on March 1, 2006.

Remarks:

This regulation takes effect on: 2018.01.01, and is still valid as of 2019

Last updated: 2019.01.17


Organizer: Nanning Justice Bureau

Postcode: 530028 E-mail: sifainfo@paketwisatadijogja.com Phone: 0771-3860032

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