Notarization Law of the People's Republic of China (Amended in 2017)
Notarization Law of the People's Republic of China (Amended in 2017)
Notarization Law of the People's Republic of China (Amended in 2017)
Order of the President of the People's Republic of China No.76
September 1, 2017
(Adopted at the 17th Session of the Standing Committee of the 10th National People's Congress of the People's Republic of China on August 28, 2005; amended for the first time according to the Decision on Revising Five Laws including the Compulsory Education Law of the People's Republic of China at the 14th Session of the Standing Committee of the 12th National People's Congress of the People's Republic of China on April 24, 2015; and amended for the second time in accordance with the Decision of the Standing Committee of the National People's Congress on Amending Eight Laws Including the Judges Law of the People's Republic of China at the 29th Session of the Standing Committee of the 12th National People's Congress on September 1, 2017)
Contents
Chapter I General Provisions
Chapter II Notarial Institutions
Chapter III Notaries
Chapter IV Notarization Procedures
Chapter V Effect of Notarization
Chapter VI Legal Liabilities
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted in order to regulate notarization activities, ensure that notarial institutions and notaries perform their duties in accordance with the law, prevent disputes and protect the legitimate rights and interests of natural persons, legal persons or other organizations.
Article 2 Notarization shall means an act performed by a notarial institution to certify the authenticity and legality of a civil juristic act, a fact or a document of legal significance in accordance with the statutory procedures upon the application of a natural person, legal person or other organization.
Article 3 Notarial institutions shall abide by the law and adhere to the principle of objectiveness and impartiality when performing notary acts.
Article 4 China Notary Association shall be established as a national notary association and each province, autonomous region or municipality directly under the Central Government shall establish a local notary association. China Notary Association and the local notary associations shall be social organizations with legal personality. The constitution of China Notary Association shall be formulated by the general assembly of the representatives of its members and shall be filed with the judicial administrative department of the State Council for record.
The notary associations shall be self-disciplinary organizations of the notarization sector. They shall carry out notary activities according to the constitution and shall carry out supervision over the practice of notarial institutions and notaries.
Article 5 The judicial administrative department shall supervise and guide notarial institutions, notaries and notary associations in accordance with the Law.
Chapter II Notarial Institutions
Article 6 A notarial institution is a non-profit certifying institution that is lawfully established and independently exercises the notary functions and bear corresponding civil liabilities.
Article 7 A notarial institution may be established in a county, a city divided or not divided into districts, municipality directly under the Central Government or district directly under a city in accordance with the principle of overall planning and rational distribution. One or more notarial institution(s) may be established in a districted city or municipality directly under the Central Government. Notarial institutions shall not be established hierarchically according to the levels of administrative divisions.
Article 8 A to-be-established notarial institution shall satisfy the following requirements:
1. Having its own name;
2. Having a fixed place;
3. Having two or more notaries staffs; and
4. Having the funds necessary for carrying out notarization work.
Article 9 Where a notarial institution is to be established, it shall be reported by the local judicial administrative department to the judicial administrative department of the province, autonomous region or municipality directly under the Central Government. Upon the approval granted by the judicial administrative department of the province, autonomous region or municipality directly under the Central Government, the local judicial administrative department shall issue a practicing certificate of notarial institution according to the prescribed procedures.)>
Article 10 The person-in-charge of a notarial institution shall be selected from the notaries who have 3 or more years of practicing experience, shall be 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 records.
Article 11 Upon request of a natural person, legal person or any other organization, a notarial institution shall perform notary acts for the following matters:
1.
......
Order of the President of the People's Republic of China No.76
September 1, 2017
(Adopted at the 17th Session of the Standing Committee of the 10th National People's Congress of the People's Republic of China on August 28, 2005; amended for the first time according to the Decision on Revising Five Laws including the Compulsory Education Law of the People's Republic of China at the 14th Session of the Standing Committee of the 12th National People's Congress of the People's Republic of China on April 24, 2015; and amended for the second time in accordance with the Decision of the Standing Committee of the National People's Congress on Amending Eight Laws Including the Judges Law of the People's Republic of China at the 29th Session of the Standing Committee of the 12th National People's Congress on September 1, 2017)
Contents
Chapter I General Provisions
Chapter II Notarial Institutions
Chapter III Notaries
Chapter IV Notarization Procedures
Chapter V Effect of Notarization
Chapter VI Legal Liabilities
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted in order to regulate notarization activities, ensure that notarial institutions and notaries perform their duties in accordance with the law, prevent disputes and protect the legitimate rights and interests of natural persons, legal persons or other organizations.
Article 2 Notarization shall means an act performed by a notarial institution to certify the authenticity and legality of a civil juristic act, a fact or a document of legal significance in accordance with the statutory procedures upon the application of a natural person, legal person or other organization.
Article 3 Notarial institutions shall abide by the law and adhere to the principle of objectiveness and impartiality when performing notary acts.
Article 4 China Notary Association shall be established as a national notary association and each province, autonomous region or municipality directly under the Central Government shall establish a local notary association. China Notary Association and the local notary associations shall be social organizations with legal personality. The constitution of China Notary Association shall be formulated by the general assembly of the representatives of its members and shall be filed with the judicial administrative department of the State Council for record.
The notary associations shall be self-disciplinary organizations of the notarization sector. They shall carry out notary activities according to the constitution and shall carry out supervision over the practice of notarial institutions and notaries.
Article 5 The judicial administrative department shall supervise and guide notarial institutions, notaries and notary associations in accordance with the Law.
Chapter II Notarial Institutions
Article 6 A notarial institution is a non-profit certifying institution that is lawfully established and independently exercises the notary functions and bear corresponding civil liabilities.
Article 7 A notarial institution may be established in a county, a city divided or not divided into districts, municipality directly under the Central Government or district directly under a city in accordance with the principle of overall planning and rational distribution. One or more notarial institution(s) may be established in a districted city or municipality directly under the Central Government. Notarial institutions shall not be established hierarchically according to the levels of administrative divisions.
Article 8 A to-be-established notarial institution shall satisfy the following requirements:
1. Having its own name;
2. Having a fixed place;
3. Having two or more notaries staffs; and
4. Having the funds necessary for carrying out notarization work.
Article 9 Where a notarial institution is to be established, it shall be reported by the local judicial administrative department to the judicial administrative department of the province, autonomous region or municipality directly under the Central Government. Upon the approval granted by the judicial administrative department of the province, autonomous region or municipality directly under the Central Government, the local judicial administrative department shall issue a practicing certificate of notarial institution according to the prescribed procedures.)>
Article 10 The person-in-charge of a notarial institution shall be selected from the notaries who have 3 or more years of practicing experience, shall be 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 records.
Article 11 Upon request of a natural person, legal person or any other organization, a notarial institution shall perform notary acts for the following matters:
1.
......