People's Republic Of China Civil Law

Original Language Title: 中华人民共和国公证法

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People's Republic of China, the 39th President of the People's Republic of China Law on notary by the People's Republic of China of deputies of the 17th meeting of the Standing Committee, adopted on August 28, 2005, are hereby promulgated and take effect on March 1, 2006. People's Republic of China President Hu Jintao August 28, 2005 People's Republic of China civil law (August 28, 2005 Deputies adopted at the 17th meeting of the Standing Committee) contents chapter I General provisions chapter II chapter III notary notary fourth chapter program fifth civil force sixth chapter legal liability of notarization seventh chapter by-laws chapter I General provisions article to regulate notarial activity, guarantee agencies and notaries to perform their duties, prevention of disputes, protection of natural persons, legal persons or other
The legitimate rights and interests of the Organization, this law is enacted.
Second notary is a notary according to natural person, legal person or any other organization that applies, in accordance with the statutory procedures of civil juristic acts, legal facts and proof of the authenticity and validity of the instrument to be active.
Article III of the notarial legalization, shall comply with the law and adhere to the principles of objectivity and impartiality. Fourth article country China Notary Association, provinces, autonomous regions and municipalities to establish local notary Association. China Notary Association and the local notary Association is corporate social groups.
China Notary Association statutes enacted by the Congress, reported to the Department of judicial administration under the State Council for the record.
Notary Association Notary industry self-regulatory organizations, according to the articles of association activities, notaries, notary practising activities monitored.
Article judicial administrative departments in accordance with the provisions of this law on notary, notaries and Notary Association of supervision and guidance.
Sixth chapter notary notary is legally established, not-for-profit, bear civil liability independently exercise notarial functions and certifying body. Seventh notary in accordance with the principles of overall planning, rational distribution, you can in the County, is not divided into districts, districts, municipalities or municipal district set up; in the districts of cities and municipalities may establish one or more notaries.
Notarial Office not in layer upon layer of administrative division was established.
Established by article eighth notary, shall satisfy the following conditions: (a) has its own name, (ii) have a fixed place; (c) at least two notaries; (d) the funds necessary to conduct notary business.
Article Nineth notary, the local administration of justice the province, autonomous region, municipality directly after the approval of the judicial administration Department in accordance with the prescribed procedures, notarial practicing certificate issued.
Article tenth head of the notary shall have at least three years experience of practicing notary elected, approved by the local administration of Justice Department and judicial administration departments of the provinces, autonomous regions and municipalities. 11th article according to natural, and corporate or other organization of application, notary institutions handle following notary matters: (a) contract; (ii) inherited; (three) delegate, and statement, and gift, and will; (four) property segmentation; (five) tender bid, and auction; (six) marriage status, and relatives relationship, and adoption relationship; (seven) was born, and survival, and death, and identity, and experience, and degree, and degree, and positions, and titles, and has no illegal crime records; (eight) company articles; (nine) preservation evidence; (10) instruments Shang of signature, and seal
, Date, copy of copy of the instrument, consistent with the original (11) natural persons, legal persons or other organizations to voluntarily apply for other civil matters.
Matters stipulated by laws and administrative regulations should be notarized, relating to natural persons, legal persons or other organizations shall apply to the notarial legalization.
12th article according to natural, and corporate or other organization of application, notary institutions can handle following Affairs: (a) legal, and administrative regulations provides by notary institutions registration of Affairs; (ii) mention save; (three) custody will, and heritage or other and notary matters about of property, and items, and instruments; (four) generation wrote and notary matters about of Legal Affairs instruments; (five) provides notary legal advisory. 13th article notary institutions shall not has following behavior: (a) for not real, and not legal of matters issued public certificate; (ii) damage, and tampered with notary instruments or notary archives; (three) to denigrated other notary institutions, and notary member or paid rebate, and Commission, not due means race Range Rover notary business; (four) leaked in practice industry activities in the knows of national secret, and commercial secret or personal privacy; (five) violation provides of charges standard charged notary fee; (six) legal, and regulations, and
Other acts prohibited by judicial administration Department under the State Council.
14th the notarial business, financial, asset management system should be established, to supervise the practice of notaries, established practice the fault responsibility investigation system.
15th notary shall participate in the notarial practice liability insurance.
16th chapter notary notary in accordance with the conditions provided for in this law, in the presence of notary notary business practitioners. Article 17th notary notary business needs to be determined.
The provinces, autonomous regions, or municipalities directly under the administration of justice sector should be set according to notary and notarial needs notary is equipped with approved programme, Department of judicial administration under the State Council for the record.
18th article served as notary Member, should has following conditions: (a) has People's Republic of China nationality; (ii) age 25 age above 65 age following; (three) fair decent, law-abiding, conduct good; (four) through national judicial exam; (five) in notary institutions internship two years above or has three years above other legal career experience and in notary institutions internship one years above, by assessment qualified.
19th engaged in teaching, research, personnel with senior professional titles, or those with Bachelor, trial, prosecution, legal work, law for at least ten years of civil servants, lawyers, have walked off the job, after examination, can act as a notary.
20th under any of the following circumstances shall not act as a notary: (a) legal incapacity or restricted legal capacity, (ii) subjected to criminal punishment for an intentional crime or negligence of duty crime and (iii) have been dismissed, and (d) the practising certificate has been revoked.
Article 21st as a notary, which shall be subject to conditions of notary officer applications, recommended by the notary, the local administration of Justice Department of provinces, autonomous regions, or municipalities directly under the administration of justice departments for examination and approval and submitted to the Department of judicial administration under the State Council appointed and managed by provinces, autonomous regions, or municipalities directly under the administration of justice issues the notary practising certificates.
22nd notary shall observe and abide by professional ethics, to perform their notarial duties, keep practicing a secret.
Notaries are entitled to remuneration, to enjoy insurance and welfare benefits; right to resign, complaints or charges; not because of statutory and non-statutory procedures, not to be dismissed or punished.   23rd article notary Member shall not has following behavior: (a) while in two a above notary institutions practice industry; (ii) engaged in has paid of other career; (three) for I and the near relatives handle notary or handle and I and the near relatives has interest relationship of notary; (four) privately issued public certificate; (five) for not real, and not legal of matters issued public certificate; (six) occupation, and misappropriated notary fee or occupation, and theft notary dedicated items; (seven) damage, and tampered with notary instruments or notary archives;
(H) leak in practice knows State secrets, business secrets or personal privacy; (IX) laws, regulations and other acts prohibited by judicial administration Department under the State Council.
24th article notary Member has following case one of of, by location of judicial administrative sector reported province, and autonomous regions, and municipalities Government judicial administrative sector drew attention to the State judicial administrative sector be removal: (a) lost People's Republic of China nationality of; (ii) years full 65 age or for health reasons cannot continues to perform positions of; (three) voluntary resigned from notary member positions of; (four) was revoked notary Member practice industry certificate of.
Fourth chapter notarization procedures article 25th of natural persons, legal persons or other organizations to apply for legalization, can contribute to the domicile, habitual residence, acts or facts of notarial institutions.
Apply for real notary shall be presented to the notary of the real property is located; apply for real Attorney, statement, notarization of the gifts, wills, prescribed in the preceding paragraph may be applied.
26th may entrust natural persons, legal persons or other organizations for notarization, but wills, survival, the adoption shall be by myself except for legalization.
27th applied for legalization of the party must be indicated to the notary application related to notarial matters, provide a real, legitimate, full material; the evidence provided is not sufficient, notary may require supplements.
Notarization of notarial Office accepted applications, shall inform the party applying for notarization of legal significance and possible legal consequences and will inform the content of records.
28th article notary institutions handle notary, should according to different notary matters of do card rules, respectively review following matters: (a) party of identity, and application handle the items notary of qualification and corresponding of right; (ii) provides of instruments content whether complete, meaning whether clear, signature, and seal whether complete; (three) provides of proved material whether real, and legal, and full; (four) application notary of matters whether real, and legal.
Article 29th notary notarized on the application and the evidence provided by the parties, in accordance with the relevant rules of accreditation needs to verify or have doubts, verification should be carried out, or entrust foreign notary institutions to verify, units or individuals shall give assistance. Article 30th notary upon examination, considers the application provides evidence of real, legitimate, full, apply for notarial matters of real, legitimate, shall accept applications within 15 working days from the date of notarization certificates issued to a client.
However, due to force majeure, the supplementary documentation or need to verify the information, not included in the period of time required. 31st under any of the following circumstances, notarization of notarial offices shall not handle: (a) without civil capacity or a person with limited civil capacity does not have a guardian agent to apply for legalization;

(Ii) party and application notary of matters no interest relationship of; (three) application notary of matters is professional technology identification, and assessment matters of; (four) party Zhijian on application notary of matters has dispute of; (five) party fictional, and hide facts, or provides false proved material of; (six) party provides of proved material not full or refused to added proved material of; (seven) application notary of matters not real, and not legal of; (eight) application notary of matters against social morality of;
(I) the party refuses to pay a notary fee pursuant to the provisions of. Article 32nd notarial certificate shall be made in accordance with judicial administration Department under the State Council, signed or stamped by notary signature and stamp Notary Seal.
Notarial certificate take effect from the date of issue.
Notarial certificate shall use the national common language; in the autonomous areas, according to the client's requirements, you can make a local ethnic characters of text.
Article 33rd notarial certificate need to be used in foreign countries, States require certification, must pass through the People's Republic of China authorized by the Ministry of Foreign Affairs or the Ministry of foreign affairs agencies and the relevant countries in People's Republic of China (Consulate) certification.
34th parties shall in accordance with the provisions of article payment of notary fees.
To satisfy the conditions of the party, notarization of waiver fees notarial offices shall, in accordance with regulations. 35th notary shall classify the notarial document filing and archives.
Legal and administrative regulations should be notarized in notarial matters important to the notarial archives kept at the local archives shall be transferred pursuant to the provisions for safe keeping.
Notarization of the fifth chapter effectiveness clause 36th civil juristic, legally significant facts and documents, as the basis for ascertaining the facts, but there is evidence to the contrary, except of the notary is sufficient to overturn.
37th notarized in order to pay for the content and specify the debtor is willing to accept debt instruments to enforce the promise, the obligor fails to perform or carry out inappropriate, the creditor may apply to the court having jurisdiction according to law for enforcement.
Debt instruments provided for in the preceding paragraph is definitely incorrect, people's Court were not implemented, and the written decision to the parties and the notary.
Article 38th of law and administrative regulations without notarial matters does not have the force of law, in accordance with its provisions. Article 39th, notary notary certificate of interested persons in respect of matters considered wrong, may appeal to the certificate of the notary notary review.
Illegal or inconsistent with the fact that the contents of the notarial, notaries shall revoke the certificate and make an announcement, the notarial certificate invalid from the beginning; there are other errors in the notarial and notarial offices shall correct.
40th party matters, notary notary certificate of interested parties on the content dispute, civil action in respect of the dispute to the people's Court. Sixth chapter legal responsibility 41st article notary institutions and notary Member has following behavior one of of, by province, and autonomous regions, and municipalities or set district of City Government judicial administrative sector give warning; plot serious of, on notary institutions at 10,000 yuan above 50,000 yuan following fine, on notary member at 1000 Yuan above 5,000 yuan following fine, and can give three months above six months following stop practice industry of punishment; has illegal proceeds of, confiscated illegal proceeds: (a) to denigrated other notary institutions, and notary member or paid rebate, and
Commission, not due means race Range Rover notary business of; (ii) violation provides of charges standard charged notary fee of; (three) while in two a above notary institutions practice industry of; (four) engaged in has paid of other career of; (five) for I and the near relatives handle notary or handle and I and the near relatives has interest relationship of notary of; (six) in accordance with legal, and administrative regulations of provides, should give punishment of other behavior. 42nd article notary institutions and notary Member has following behavior one of of, by province, and autonomous regions, and municipalities or set district of City Government judicial administrative sector on notary institutions give warning, and at 20,000 yuan above 100,000 yuan following fine, and can give one months above three months following closed reorganization of punishment; on notary Member give warning, and at 2000 Yuan above 10,000 yuan following fine, and can give three months above 12 months following stop practice industry of punishment; has illegal proceeds of, confiscated illegal proceeds; plot serious of, By province, and autonomous regions, and municipalities Government judicial administrative sector revoked notary Member practice industry certificate; constitute crime of, law held criminal: (a) privately issued notary book of; (ii) for not real, and not legal of matters issued notary book of; (three) occupation, and misappropriated notary fee or occupation, and theft notary dedicated items of; (four) damage, and tampered with notary instruments or notary archives of; (five) leaked in practice industry activities in the knows of national secret, and commercial secret or personal privacy of; (six) in accordance with legal, and
Provisions of administrative regulations and other acts shall be penalized.
Criminal punishment for an intentional crime or negligence of duty crimes, notary practising certificate shall be revoked.
43rd notary and notary at fault parties, civil matters the interested party losses, consequential damages liability of notaries; notarial compensation may have recourse against the intentional misconduct or gross negligence of the notary.
The interested parties, civil matters and notarial compensation dispute, may bring a civil action.
44th article party and other personal or organization has following behavior one of, to others caused loss of, law bear civil responsibility; violation security management of, law give security management punishment; constitute crime of, law held criminal: (a) provides false proved material, cheat notary book of; (ii) using false notary book engaged in fraud activities of; (three) forged, and variable made or sale forged, and variable made of notary book, and notary institutions seal of.
The seventh chapter by-laws article 45th People's Republic of China embassies (consulates) may, in accordance with the provisions of or People's Republic of China concluded or acceded to an international treaty provisions for notarization.
Article 46th notarization fees fees shall be formulated by the financial sector, competent authorities and the judicial administration Department under the State Council.  47th article of the law shall enter into force on March 1, 2006.

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