1、中国公证法英文版Notarization Law of the Peoples Republic of ChinaPromulgation date: 08-28-2005Effective date: 03-01-2005Order of the President(No. 39)The Notarization Law of the Peoples Republic of China was adopted at the 17th meeting of the Standing Committee of the National Peoples Congress of the People
2、s Republic of China on August 28, 2005. It is hereby promulgated and shall come into force as of March 1, 2006.President of the Peoples Republic of China Hu JintaoAugust 28, 2005Notarization Law of the Peoples Republic of China(Adopted at the 17th Session of the Standing Committee of the Tenth Natio
3、nal Peoples Congress on August 28, 2005)ContentsChapter I General ProvisionsChapter II Notarial OfficesChapter III NotariesChapter IV Notarization ProceduresChapter V The Effect of NotarizationChapter VI Legal LiabilitiesChapter VII Supplementary ProvisionsChapter General ProvisionsArticle 1 This La
4、w has been enacted for the purposes of regulating notarization activities, ensuring that the notarization institutions and notaries perform their duties in accordance with the law, preventing disputes and protecting the lawful rights and interests of the natural persons, legal persons or other organ
5、izations.Article 2 Notarization means an act performed by a notarial institution, upon the application of a party concerned, such as certifying the authenticity and legality of a legal act, a document or a fact of legal significance according to the statutory procedures.Article 3 A notarial office s
6、hall comply with the law and shall stick to the principle of objectiveness and impartiality when performing notarial acts.Article 4 China Notary Association shall be set up as a national notary association and each province, autonomous region or municipality directly under the Central Government sha
7、ll establish a local notary association. China Notary Association and local notary associations shall be social organizations with legal person status. The charter of China Notary Association shall be formulated by the general assembly of the representatives of its members and shall be reported to t
8、he judicial administrative department of the State Council for archival purposes.The notary associations are self-disciplinary organizations of the notarization industry. They shall carry out activities in accordance with the charter and shall supervise the practice of the notarial offices and notar
9、ies.Article 5 The judicial administrative department shall, under the law, supervise and offer guidance to the notarial offices, notaries and notary associations.Chapter II Notarial OfficesArticle 6 A notarial office is a lawfully established non-profit-making certification institution that independ
10、ently exercises the notarial functions and bear corresponding civil liabilities.Article 7 A notarial office may, in compliance with the principle of overall planning and reasonable distribution, be established in a county, undistricted city, districted city, municipality directly under the Central G
11、overnment or district directly under a city. One or more notarial office(s) may be established in a districted city or municipality directly under the Central Government. The notarial offices are not established on different levels according to administrative hierarchy.Article 8 A to-be-established
12、notarial institution shall meet the following conditions:(1)Having its own name;(2)Having a fixed office;(3)Having 2 or more notaries; and(4)Having the fund necessary to carry out notarial work.Article 9 Where a notarial office is to be established, it shall be reported by the local judicial adminis
13、trative department to the judicial administrative department of the province, autonomous region or municipality directly under the Central Government. After the judicial administrative department of the province, autonomous region or municipality directly under the Central Government grants approval
14、 according to the prescribed procedures, the local judicial administrative department shall issue a practicing certificate of notarial office.Article 10 The person-in-charge of a notarial office shall be selected or elected from the notaries who have 3 or more years of practicing experience, shall b
15、e subject to the examination and approval of the local judicial administrative department, and shall be reported to the judicial administrative department of the province, autonomous region or municipality directly under the Central Government for archival purposes.Article 11 Upon request of a natur
16、al person, legal person or any other organization, the notarial office shall performing notarial acts for the following matters:(1) Contract;(2)Inheritance;(3)Authorization, declaration, bestowal, will;(4)Distribution of property;(5)Bidding and tendering, auction;(6)Marriage status, kindred relation
17、ship, adoption relationship;(7)Birth, existence, death, identity, experience, education background, degree, job title, professional technical title, having or not having illegal and criminal record;(8)Articles of association;(9)Preservation of evidence;(10)Signature, seal and date as indicated in a
18、document, duplicate or photocopy of a document conforming with the original document; and(11)Other matters that a natural person, legal person or any other organization voluntarily requests for notarization.As to any matter that shall be notarized under any law or administrative regulation, the rele
19、vant natural person, legal person or any other organization shall file a request with the notarial office for notarization.Article 12 Upon the request of a natural person, legal person or any other organization, the notarial office may handle the following affairs:(1)The affairs that shall be regist
20、ered by a notarial office under any law or administrative regulation;(2)Preservation of evidence;(3)Preservation of will, heritage or other property, articles and documents relating to the notarization affair;(4)Making legal documents relating to the notarization matter instead of others;(5)Providin
21、g legal consultation services relating to notarization.Article 13 No notarial office may:(1)issue a notarial certificate for an untrue or illegal matter;(2)destroy or fraudulently alter any notarial document or archive file;(3)canvass notarial business by bespattering other notarial offices or notar
22、ies, or by paying kickbacks or commissions, or by any other unfair competition methods;(4)divulge any state secret, commercial secrete or personal privacy it has access to in its practice;(5)charge notarization fees by violating the prescribed standards; or(6)commit any other act as prohibited by an
23、y law or regulation, or provisions of the judicial administrative department of the State Council.Article 14 A notarial office shall work out rules for the management its business, financial affairs and assets, shall supervise the practices of its notaries and shall set up a responsibility system fo
24、r wrong practices.Article 15 The notarial institution shall buy notarial practice responsibility insurance.Chapter III NotariesArticle 16 A notary shall be a notarial practitioner who meets the conditions as prescribed by this Law and is working in a notarial office.Article 17 The number of notaries
25、 shall be determined according to the needs of notarial business. The judicial administrative department of a province, autonomous region or municipality directly under the Central Government shall determine, in light of the establishment of notarial offices and the needs of notarial business, the p
26、lan on the arrangement of notaries and shall submit it to the judicial administrative department of the State Council for archival purposes.Article 18 A notary shall meet the following conditions:(1)Having the nationality of the Peoples Republic of China;(2)Being 25- 65 years old;(3)Being impartial
27、and upright, observing the law and disciplines, being of good moral character;(4)Having passed the national judicial examination; and(5)Having acted as an intern in a notarial office for 2 or more years, or having 3 or more years of experience of another legal profession and having acted as an inter
28、n in a notarial office for 1 year or more, and having passed the evaluation.Article 19 Where a person who was engaged in teaching and research of law and has a senior professional technical title, where a person who was a civil servant or lawyer, has a university diploma or above and has full 10 yea
29、rs of experience in adjudication, procuratorial work, legal affairs or legal service, if he has left his post and has passed the evaluation, he may take up the job of a notary.Article 20 A person shall not take up the job of a notary under any of the following circumstances:(1)Having no civil capaci
30、ty or limited civil capacity;(2)Having been subject to any criminal punishment due to an intentional crime or duty-related crime;(3)Having been dismissed from a government organ;(4)His practicing certificate has been revoked.Article 21 Where a person intends to act as a notary, he shall meet the con
31、ditions for a notary, shall file an application and shall be recommended by a notarial office. The local judicial administrative department shall submit the application to judicial administrative department of the peoples government of the province, autonomous region or municipality directly under t
32、he Central Government for examination and approval. If the judicial administrative department of the peoples government of the province, autonomous region or municipality directly under the Central Government approves the application, it shall request the judicial administrative department of the State Council for appointment and shall issue the applicant a practicing certificate of notary
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