Notary Law of the People’s Republic of China
[2008-12-23 16:56:24]
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Article 3 An notary office shall abide by law and insist on the principles of objectiveness and fairness while handling any notarization. Article 4 China Notaries’ Associations shall be established in the state, and local Notaries’ Associations shall be set up in the provinces, autonomous regions and municipalities directly under the Central Government. Both China Notaries’ Association and local Notaries’ Associations are social corporation legal persons. The rules of China Notaries’ Association shall be drawn up by the members’ conference and reported to the judicial administrative department of the State Council for record. Notaries’ Association is a self-discipline organization in notarization, carries out activities according to its rules, and supervises the notarial activities of notary offices and notaries. Article 5 The judicial administrative department shall make supervision and give guidance to notary offices, notaries and notary associations in accordance with this law. Chapter II Notary Office Article <?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" /> 6 A notary office is a testimonial organ that is established in accordance with law without the purpose of seeking profit, perform notarization function independently according to law and undertake civil liability. Article 7 An notary office may, according to the principle of overall planning and rational arrangements, be established in a county, a city without district, a city with districts, municipalities directly under the Central government and a district directly under a city. In a city with district, or a municipality directly under the Central government, one or some notary offices may be established. Notary office shall not be established level by level according to the district division. Article 8 Establishing a notary office shall satisfy following requirements: (1) Has its own name; (2) Has permanent place; (3) Has more than two notaries; (4) Has necessary funds for developing notarial business. Article 9 Where a notary office is established, a business certificate of the notary office shall be issued after the local judicial administrative department reports it to the judicial department of the People’s Government of the province, autonomous regions and municipalities directly under the Central government and get the approval according to the procedures. Article 10 A person in charge of a notary office shall be elected among the notaries who have more than three years notary experience, approved by local judicial administrative department and reported for record to the judicial administrative department of the People’s Government of provinces, autonomous regions and municipalities directly under the Central government. Article 11 Upon the application of a natural person, legal person or other organization, notary office shall handle following notarial issues: (1) Contract; (2) Inheritance; (3) Powers of attorney, statement, donation, will; (4) Partition of property; (5) Tenders, auction; (6) Marital status, relationship of relatives, adoptive relationship; (7) Birth, existence, death, identity, experience, record of education, degree, position, professional title, whether have criminal record or not; (8) Company’s rules; (9) Saving evidence; (10) Signature, seal and date on a document, duplicate of a document, photo-offset copy according with the original one; and (11) Other issues that any natural person, legal person or other organization applies for being handled on their own will. As for the issues that should be given notarization as stipulated in the administrative regulations, the natural person, legal person or other organization concerned shall apply for notarization to notary office. Article 12 According to the application of a natural person, legal person or other organization, a notary office may handle following affairs: (1) Affairs that shall be registered in a notary office as prescribed in law and administrative regulations; (2) Drawing; (3) Taking care of will, inheritance or other property, articles and documents relating to notarial affairs; (4) Write for others lawful document relating to notarial affairs; and (5) Provide legal consultation for notarial affairs. Article 13 A notary office shall not act as follows: (1) Provide notarial document for untrue, illegal affairs; (2) Damage, tamper with notarial documents or files; (3) Compete for notarial business by vilify other notarial office, notaries or pay kickback or commission and other unfair competitive means; (4) Let out national secret, business secret or privacy known in notarial activities; (5) Do not collect notarial charges according to the stipulated standard; and (6) Other activities prohibited by law, regulations and provisions of the judicial administrative department of the State Council. Article 14 A notary office shall establish administrative rules for business, finance, property and etc., supervise the notaries’ business activities, and set up the system of looking out faulty liability in notary business. Article 15 A notary office shall take part in liability insurance for notarial business. Chapter III Notary Article 16 A notary is a staff who qualify the requirements of the provisions of this law and engaged in notarial business in a notary office. Article 17 The number of notary shall be determined according to the needs of notarial business. The judicial administrative departments of the People’s government of all provinces, autonomous regions and municipalities directly under the Central Government shall, according to the status of a notary office and the needs of notarial business, approve notary disposing plan and report to the judicial administrative department of the State Council for record. Article 18 A notary shall qualify following requirements: (1) Hold the nationality of the People’s Republic of China; (2) Older than 25 years old and younger than 65 years old; (3) Fair and honest, observe law and discipline, conduct well, and; (4) Have passed national judicial examination; (5) Have practiced in a notary office for more than two years or have more than three years experience in other legal callings and have practiced in a notary office for more than one year and passed the examination. Article 19 Following persons may hold the post of a notary: engaged in lawful teaching and research, have senior professional tiles or a public servant, attorney who has education record higher than university and engaged in trial, procuratorial, legality and legal services for more than ten years. Whoever has left the original post may, after passing the examination, hold the post of notary. Article 20 Whoever has one of following circumstances shall not be a notary: (1) Have no or restricted civil disposing capacity; (2) Have been given criminal sanction due to intentional offence or post negligent offence; (3) Have been discharged from public employment; or (4) Business certificate have been revoked. Article 21 To be a notary, the person concerned shall make an application through a person who has meet the requirements of a notary, recommended by a notary office and reported to the judicial administrative department of the State Council for appointment after local judicial administrative department report it to the judicial administrative department of the People’s government of provinces, autonomous regions or municipalities directly under the Central government for examination and approval. The business certificate shall be issued by the judicial administrative department of the People’s Government of Provinces, autonomous regions and municipalities directly under the Central Government. Article 22 A notary shall observe laws and discipline, adhere professional ethics, perform notarial duties in accordance with law and keep business secrete; A notary has the right to obtain payment for his works, enjoy insurance and welfare treatment, has the right to ask for being relieved of his duties, rebuking or charging, shall not be dismissed from office or given any punishment except for any legal issues through legal procedures. Article 23 A notary shall not have following behaviours: (1) Work in more than two notary offices at the same time; (2) Follow other calling with payment; (3) Handle notarization for oneself and one’s relatives or handle the notarization having interested relationship with oneself or one’s relatives; (4) Provide notarial document without approval; (5) Provide notarial document for untrue or illegal issues; (6) Occupy, embezzle notarial charges or occupy, steal goods specially used for notary; (7) Damage, falsify notarial document or files; (8) Let out national secrete, business secrete or privacy known in notarial business; and (9) Other behaviours prohibited by law, regulations or rules of the judicial administrative department of the State Council. Article 24 A notary shall, in case of one of following circumstances, be dismissed from his office by local judicial administrative department reporting to the judicial administrative department of the provinces, autonomous regions and municipalities directly under the Central government and asking the judicial administrative department of the State Council for the dismissal: (1) Lose the nationality of the People’s Republic of China; (2) At the age of 65 or more or can not continue in office due to health problems; (3) Voluntarily ask for being relieved of his duty in a notary office; or (4) Whose notarial business certificate has been revoked. Chapter IV Notary Procedures Article 25 A natural person, legal person or other organization may apply for handling notarizations to the notary office in the location where they are, the location where they often live, the location of their conduct or the area where the fact takes place. The application for handling the notarization relating to real-estate shall be submitted to the notary office in the location of the real-estate. The application for handling the notarization on entrust, statement, donation and will relating to real-estate may be applicable to the provisions of above paragraph. Article 26 A natural person, legal person or other organization may entrust others to handle the notarization except for the notarization relating to will, existence, adoption relationship and etc. that should be handled by oneself. Article 27 Whoever applies for any notarization shall tell the notary office corresponding information of the issue applied for notarization strictly according to the fact, provide true, legal and ample evidence. The notary office may, if the evidence is not ample, ask for adding materials. A notary office shall, at the receipt of the application for notarization, inform the litigant the legal meaning of applying for notarization and the legal consequence that may occur and record the informed content for files. Article 28 While handling a notarization, a notary office shall, according to the rules for different notary affairs, examine separately following issues: (1) Identity of the person concerned, his/her qualifications for applying for the notarization and corresponding rights; (2) Whether the content of the provided document is complete, whether the meaning is clear, and whether the signature or seal is complete; (3) Whether the evidence provided is true, legal and ample; and (4) Whether the issues applied for notarization is true and legal. Article 29 To the issues applied for notarization or the evident materials provided by the litigant that need to be verified or has any doubt according to the rules for certificate issuing, a notary office shall make verification, or entrust a notary office in other area to make verification for it. Relative organizations or individuals shall assist the verification in accordance with law. Article 30 A notary office shall, after the examination, if it thinks the evidence provided for the application is true, legal, ample, and the issue applied for notarization is true and legal, issue a notarial document to the litigant within 15 working days as of the day of accepting the application. But, the time needed for any force majeure, adding materials or verifying any issue shall not be counted in the allotted time. Article 31 A notary office shall not handle notarization in case of one of following circumstances: (1) A person who has no civil disposing capacity or has restricted civil disposing capacity applies for handling notarization without a guardian; (2) A litigant has no interested relationship with the issue applied for notarization; (3) The issue applied for notarization is subject to the issue relating to specialized technical appraisal, evaluation; (4) There are some disputes among the litigants on the application for notarization; (5) The litigant fabricates, cover up the truth, or provide false evidence; (6) The evidence provided by the litigant is not ample or the litigant refuses to add evident materials; (7) The issue applied for notarization is untrue and illegal; (8) The issue applied for notarization runs counter to social public morality; or (9) The litigant refuses to pay notarial charge according to rules. Article 32 The notarial document shall be made according to the pattern as stipulated by the judicial administrative department of the State Council, signed or affixed a seal by a notary and affixed the official seal of the notary office. The notarial document shall come into effect on the issuing day. In a notarial document the characters generally used in the state shall be used. In a national autonomous region, the version in national character that is generally used in the local area may, according to the request of the litigant, be made and used. Article 33 As for the notarial document that needs to be used abroad and the country that will use it asks for making notarization first, it shall be notarized by the notary office authorized by the Ministry of Foreign Affairs of the PRC and the embassy (consulate) of relevant country in the PRC. Article 34 A litigant shall pay notarial charges according to rules. To the litigant who meets the requirements of legal assistant, a notary office shall reduce or remit notary charges according to rules. Article 35 A notary office shall categorize and file the notarial documents, and keep them. For the important notarial files of the issue that should be notarized as stipulated by law and administrative regulations, if the period for keeping them in the notary office comes to an end, the files shall be transferred to local archives according to rules. Chapter V Notary Efficacy Article 36 Civil legal behaviour, the facts and documents with legal meanings that have been notarized shall be regarded as the base of affirming the facts except for those having opposite evidence that may overthrow this notarization. Article 37 To the document of obligation that is notarized, regard the payment as the content and clarify the promise of the debtor who would like to accept complementary implementation, if the debtor does not keep his promise or does not perform it properly, the creditor may apply for the implementation to the People’s Court that has jurisdiction. If there is any mistake in the document of obligation as prescribed in above paragraph, the People’s Court will pass the judgment of no implementation and deliver the judgment to both litigants and the notary office. Article 38 If the issue has no legal validity without notarization as stipulated by law and administrative regulations, it shall be handled according to the provisions thereof. Article 39 A litigant or a interested person of a notary issue may, if thinking there is any mistake in the notarial document, ask for re-examination to the notary office that provided the notary document. If the content of a notarial document is illegal or does not accord with the facts, the notary office shall cancel the notarial document and make an announcement about it, and the notarial document shall lose efficacy from the very beginning. If there is any other mistake in the notarial document, the notary office shall make correction. Article 40 The litigant or interested person of the notarial issue may, if having any dispute on the content of notarial document, brings a suit on the dispute to the People’s Court. Chapter VI Legal Liability Article 41 A notary office and its notaries that have one of following behaviours shall be given a warning by the judicial administrative department of the People’s Government of provinces, autonomous regions or cities with districts. If the case is serious, the notary office shall be imposed a fine of more than 10 thousand yuan and less than 50 thousand yuan, and a notary shall be imposed a fine of more than 1 thousand yuan and less than 5 thousand yuan and may be given a punishment of not being allowed to do the business for more than three months and less than six months. Whoever has illegal income, the illegal income shall be confiscated. (1) Compete for notarial business by vilify other notarial office, notaries or pay kickback or commission and by other unfair competitive means; (2) Collect notarial charges against the standard stipulated in the rules; (3) Work in more than two notary offices at the same time; (4) Follow other callings with payment; (5) Handle notarization for oneself or one’s relatives or handle notarization that has interested relationship with oneself and one’s relatives; or (6) Other behaviours that shall be punished in accordance with law and administrative regulations. Article 42 If any notary office and its notaries have one of following behaviours, the notary office shall be given a warning by the judicial administrative department of the People’s Government of provinces, autonomous regions or cities with districts and imposed a fine of more than 20 thousand yuan and less than 100 thousand yuan, and may be given a punishment of not being allowed to do the business for more than one month and less than three months. Its notary shall be given a warning and imposed a fine of more than 2 thousand yuan and less than 10 thousand yuan, and may be given a punishment of not allowed to do the business for more than three months and less than 12 months. Whoever has any illegal income, the illegal income shall be confiscated. If the case is serious, the notary certificate of a notary shall be revoked by the judicial administrative department of the People’s Government of provinces, autonomous regions and municipalities directly under the Central Government. Whoever commits a crime shall be ascertained criminal responsibilities. (1) Provide notarial document without approval; (2) Provide notarial document for untrue or illegal issues; (3) Occupy, embezzle notarial charges or occupy, steal the goods specially used for notary; (4) Damage, falsify notarial document or files; (5) Let out national secrete, business secrete or privacy known in notarial business; and (6) Other behaviours that shall be given punishment according to the provisions of law and administrative regulations. Whoever has been given administrative punishment due to intentional offence or post negligent offence, whose business certificate for a notary shall be revoked. Article 43 If any notary office and its notaries caused any losses to a litigant, interested person of the notarial issue due to any mistakes, the notary office shall undertake corresponding compensation responsibilities. The notary office may, after the compensation, recover the losses from the notary who has intentional offence or serious mistake. If a litigant, an interested person of a notarial issue has any dispute with a notary office on the compensation, a civil suit may be brought to the People’s Court. Article 44 A litigant and other individual or organization who has one of following behaviours and causes losses to others shall undertake civil responsibilities according to law. Whoever violates security administration shall be given punishment relating to security administration. Whoever commits a crime shall be ascertained criminal responsibilities: (1) Obtain by cheating a notarial document by providing false evidence; (2) Conduct cheating activities by making use of false evidence; (3) Fake, forge or buy and sell the faked or forged notarial document, the seal of a notary office. Chapter VII Supplementary Provisions Article 45 Any embassy (consulate) of the People’s Republic of China abroad may, according to the provisions of this law or the provisions of any international treaty the People’s Republic of China has concluded or taken part in, handle the notarization. Article 46 The standard for collecting the notarial charges shall be drawn up by the financial department of the State Council and competent administration for price together with the judicial administrative department of the State Council. Article 47 This law shall come into effect as of March 1, 2006 |
Source: 陕西省商务厅
Keywords:China Foreign Trade; import
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