(Effective Date 1982.04.13–Ineffective Date )
PART I GENERAL RULES Article 1. These Regulations are formulated in order to perfect our state notarization system, protect the socialist legal system, prevent Article 2. Notarization means that the state notarial organization, upon the application of a party concerned, certifies according to law the Article 3. A notary’s office is a state notarial organization. A notary’s office shall teach citizens to abide by the law and protect the
PART II THE BUSINESS OF A NOTARY’S OFFICE Article 4. The business of a notary’s office is as follows: (1) To certify contracts (or agreements), commissions and testaments; (2) To certify rights of inheritance; (3) To certify the presentation or separation of property; (4) To certify adoptive relations; (5) To certify family relations; (6) To certify status, record of formal learning or career; (7) To certify birth, marriage, existence or death; (8) To prove the signatures and/or seals on documents to be true; (9) To prove the copies, abbreviated versions, translations or photostat copies of documents to tally with the originals; (10) To certify the effect of enforcement on the documents used for demanding payment of debts or for claiming compensations if they (11) To preserve evidence; (12) To take custody of testaments or other documents; (13) To draw up the applications for netarization for the parties concerned; (14) To handle other notarial affairs upon the applications of the parties concerned in accordance with international practice.
PART III THE ORGANIZATION AND LEADERSHIP OF A NOTARY’S OFFICE Article 5. A notary’s office shall be set up in a municipality directly under the Central Government, a county (or an autonomous county, the Article 6. A notary’s office shall be under the control of the judicial administration authorities. There are no subordinate relations between notaries’ offices. Article 7. A notary’s office shall be provided with notaries and assistant notaries. It shall be provided with a director or vice-director(s) The posts of the director or vice-director(s) shall be held by notaries. The director and/or vice-director(s) shall exercise control The director, vice-director(s),notaries and assistant notaries shall be appointed or dismissed respectively in accordance with the Article 8. A citizen who has the right to vote and to stand for election shall be appointed notary if he or she possesses any of the following (1) Graduation from the law speciality of an institution of higher learning, having passed probation and been engaged in a judicial (2) Service as a judge or a procurator in a people’s court or in a people’s procuratorate; (3) Judicial vocational work in judicial administration authorities for more than two years, or work in another state organization, (4) The post_title of assistant notary for more than two years. Article 9. A graduate from a higher law instiution or a secondary law school who has passed probation, or a state worker who has the same educational
PART IV JURISDICTION Article 10. Notarial affairs shall be under the jurisdiction of the notary’s office at the location of the applicant’s household register or Article 11. The notarial affairs relating to the transfer of property shall be under the jurisdiction of the notary’s office at the location Article 12. If the household registers of a number of applicants for the handling of the same notarial affair are not located within the area Article 13. If jurisdiction disputes occur between the notaries’ offices, their common higher judicial administration authorities shall specify Article 14. The Ministry of Justice and the judicial administration authorities of each province, autonomous region and municipality directly Article 15. Our embassies and consulates accredited abroad shall handle notarial affairs at the request of our citizens in the countries where
PART V THE PROCEDURE OF NOTARIZATION Article 16. In the application for notarization, the party concerned shall personally go to the notary’s office and make a written or verbal The state organizations, bodies, enterprises and institutions shall dispatch their representatives to the notaries’ offices in making Article 17. A notary shall be prohibited from handling the notarial affairs applied for by himself or herself or his or her spouse or his or A party concerned shall be enpost_titled to apply for the sidestepping of notaries. Article 18. A notary shall examine the status of a party concerned and his or her capacities in the exercise of rights and the fulfilment of Article 19. When a notary’s office considers the evidence supplied by the party concerned to be incomplete or doubtful, it shall be enpost_titled Article 20. A notary shall make notarial deeds in the forms as stipulated or approved by the Ministry of Justice. Article 21. A copy of a notarial deed shall be kept on file after its completion. A number of copies shall be made and issued to the party Article 22. A notary’s office shall collect fees for handling notarial affairs. The procedures for the collection of notarial fees shall be Article 23. All the notarial affairs handled by the notary’s office shall be kept confidential. Article 24. Either party concerned shall be enpost_titled to apply to the people’s court which has jurisdiction for the enforcement of the credit Article 25. A notary’s office shall refuse to notarize untrue and illegal facts and documents. When the notary’s office refuses the party’s If a party concerned disagrees with the reason of the refusal of a notary’s office or considers a notary to have handled his or her Article 26. A notarial deed issued shall be cancelled if it is found to be improper or wrong by the notary’s office or the judicial administration Article 27. If a notarial deed applied for by a party concerned is intended to be used abroad, it shall also be submitted to the Ministry of
PART VI SUPPLEMENTARY PROVISIONS Article 28. These Regulations shall be applicable to the foreign citizens who live in China. Article 29. The Ministry of Justice shall be responsible for the interpretation of these Regulations. Article 30. These Regulations shall come into force on the date of promulgation.
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