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| Category | JUDICIAL ADMINISTRATION | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1982-04-13 | Effective Date | 1982-04-13 |
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Interim Regulations of the People's Republic of China Concerning Notarization |
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Article 1 These Regulations are formulated to strengthen and perfect the
state notarial system, to uphold the socialist legal system, to prevent
disputes and to reduce the number of lawsuit cases.
Article 2 Notarization means that the state notarial department, upon
application of any party concerned, gives testimonial, according to law, to the
authenticity and legality of legal actions, legal documents and legal facts,
so as to safeguard public properties, and to safeguard citizens' status, and
property rights as well as their lawful interests.
Article 3 The notary office is the state notarial department. The notary Article 4 The notary office shall handle the following items of business: (1) to give a testimonial to contracts (legal deeds), powers of attorney, (2) to give a testimonial to right of inheritance; (3) to give a testimonial to donation of property and to partition of (4) to give a testimonial to the relationship of adoption; (5) to give a testimonial to family relationship; (6) to give a testimonial to identity (status), record of education, and (7) to give a testimonial to a person's birth, marital status, existence (8) to give a testimonial to the authenticity of signatures and seals on (9) to give a testimonial to the conformity of duplicates, abridged (10) to give a testimonial to the effect of compulsory execution of (11) to be responsible for the preservation of evidence; (12) to be responsible for the safekeeping of wills or other documents; (13) to draft, on behalf of the party concerned, a document of application (14) to handle other notarial affairs in accordance with the application of the party concerned and international
practice. Article 5 The notary office shall be set up in municipalities directly Article 6 The notary office shall be under the leadership of the judicial The subordinative relationship does not exist between notary offices. Articel 7 The notary office shall have positions of notary and assistant The positions of director and deputy director shall be assumed by notaries. Directors, deputy directors, notaries, and assistant notaries shall be Article 8 Any citizen who has the right to elect and stands for elections (1) graduates of law specialty of institutions of higher learning who have (2) those who have served in a people's court or a people's procuratorate (3) those who have engaged in judicial work in the judicial administrative (4) those who have served as assistant notaries for 2 years or more. Article 9 Graduates from law schools at the secondary and higher levels Article 10 Notarial affairs shall be under the jurisdiction of the notary Article 11 Notarial affairs concerning transfer of properties shall be Article 12 In the event that a number of persons concerned, who apply for Article 13 In the event that jurisdictional disputes arise among various Article 14 The Ministry of Justice and the judicial departments of various Article 15 The embassy or consulate of China in a foreign country may Article 16 In applying for notarization, a party concerned shall go to the In the event that state organs, public organizations, enterprises and Article 17 Notaries shall not handle notarial affairs which they The parties concerned shall have the right to apply for the withdrawal of Article 18 The notaries must examine the status of the parties concerned Article 19 In the event that the notary office holds that the evidence Article 20 Notaries shall prepare notarial documents in accordance with Article 21 After notarial documents have been processed, an additional Article 22 The notary office shall collect service charges for handling Articel 23 The notarial affairs, as handled by the notary office, shall be Article 24 If one party concerned refuses to act in accordance with the Article 25 The notary office shall refuse to give a testimonial to false In the event that the party concerned is not satisfied with the rejection Article 26 The notary office, or the judicial administrative department at Article 27 In the event that notarial documents, processed in accordance Article 28 These Regulations shall apply to foreign citizens residing in Article 29 The right to interpret these Regulations shall reside in the Article 30 These Regulations shall go into effect as of the date of
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office should, through its notarial activities, educate citizens in abiding by
the law and upholding the socialist legal system.
Chapter II Scope of Business of Notary Office
wills;
property;
personal experience;
and death;
documents;
versions, translations, and photo-offset copies to the original;
documents concerning the claim for repayments of debt and articles in the event
that such documents are considered to be unequivocal;
for a notarial deed;
Chapter III Organization and Leadership of Notary Office
under the Central Government, counties (or autonomous counties, and the same
below), and municipalities. With the approval of the judicial administrative
authorities of the province, autonomous region and municipality directly under
the Central Government, a municipal district may also set up the notary office.
administrative authorities.
notary. When necessary, it may have positions of director and deputy director.
The director and deputy director shall direct the work of the notary office,
and must also execute the duties of notaries.
appointed and removed respectively by the relevant people's government of the
municipality directly under the Central Government, of the county, or of the
municipality in accordance with the relevant provisions of the administration
of cadres.
and who meet one of the following qualifications may be appointed as a notary:
passed the probation, and have engaged in judicial work, teaching of law, or
research in law for 1 year or more;
as judges or procurators;
department for 2 years or more, or who have worked in other state departments,
public organizations, or enterprises and institutions for 5 years or more, and
have the knowledge in law comparable to that of graduates from secondary law
schools;
who have passed the probation, and government functionaries with the equivalent
record of education, may be appointed as assistant notaries.
Chapter IV Jurisdiction
office at the locality where the applicant has his/her residence registration,
or where legal actions or legal facts have occurred.
under the jurisdiction of the notary office at the locality where the applicant
has his/her residence registration, or where principal properties are located.
the handling of the same notarial affair, have their residence registration at
different localities that do not come under the jurisdiction of one and the
same notary office, or the properties are scattered in several areas that come
under the jurisdiction of different notary offices, these persons concerned
may, through consultation, make their applications to any of those notary
offices. In the event that the persons concerned fail to reach an agreement,
the different notary offices concerned shall coordinate in jurisdiction out of
consideration for the convenience of the persons concerned.
notary offices, their common superior - the judicial administrative authorities
at a higher level shall designate the jurisdiction.
provinces, autonomous regions, and municipalities directly under the Central
Government shall have the authority to assign a certain notary office to handle
a particular notarial affair.
handle notarial affairs at the request of a Chinese citizen residing in the
foreign country where there is Chinese embassy or consulate.
Chapter V Procedures for the Handling of Notarial Affairs
notary office personally to make an application in writing or verbally. If the
application affair is entrusted to an agent, certifying documents of the power
of attorney shall be presented. However, the application affair shall not be
entrusted to an agent if the party concerned applies to the notary office for a
testimonial concerning a power of attorney, a statement, adoption of children,
a will, or signatures and seals; if the party concerned has true difficulty in
making the application, the notary may go to the locality where the party
concerned resides, to handle the notarial affairs.
institutions apply for notarization, they shall send their representatives to
the notary office. The representatives shall present their certifying documents
of the power of representation.
themselves or their spouses, or which the near relatives of themselves or their
spouses apply for; in addition, they shall not handle notarial affairs that
they themselves or their spouses have interests in.
any of the notaries.
and their ability to exercise rights and to perform obligations; and must
examine the authenticity and legality of the facts, documents and other
relevant documents, with regard to all of which the persons concerned are
applying for a testimonial.
provided by the persons concerned is not complete or is doubtful, it has the
right to notify the persons concerned that they make necessary additions to
complete the evidence, or it may consult the departments or individuals
concerned and ask them to provide certifying documents and materials. The
departments and individuals concerned shall have the obligation to render
assistance.
the format prescribed or approved by the Ministry of Justice.
copy of the documents shall be kept on file. In accordance with the needs of
the persons concerned, duplicates may be prepared, which shall be issued to the
persons concerned together with the original documents.
notarial affairs. The measures for collecting notarial service charges shall be
formulated by the Ministry of Justice separately.
kept confidential by the notaries.
stipulations of the document concerning creditor's rights which has been
rendered compulsory by the notary office in accordance with the stipulations of the stipulations of Item 10, Article 4, the other
party concerned may
apply to a basic people's court which has jurisdiction for execution.
or illegal statements and documents. When the notary office refuses to accept
an application of the party concerned for notarization, it shall explain,
verbally or in writing, to the party concerned the reason why his/her
application is rejected, and explain also the procedure for making an appeal if
the applicant is not satisfied with the rejection.
made by the notary office, or thinks that the notary has handled the notarial
affair improperly, he/she may make an appeal to the municipal or county
judicial administrative department at the locality where the notary office is
located or to the judicial administrative department at a higher level, and the
department that accepts the appeal shall make a decision.
the same level, or the judicial administrative department at a higher level,
shall rescind a notarial document which has already been issued, if they
discover that there are improper points or mistakes in it.
with the application made by the party concerned, are to be sent to a foreign
country for use, these notarial documents, apart from being processed in
accordance with the procedures as prescribed in this chapter, shall be sent to
the Ministry of Foreign Affairs, or to the foreign affairs office of the
province, autonomous region, or municipality directly under the Central
Government, and also to the said foreign country's embassy or consulate in
China for confirmation. However, the aforesaid stipulations shall not apply to
such cases where a foreign country in which the notarial documents are to be
used prescribes otherwise in its relevant provisions, or where an agreement has
been signed between China and the said foreign country on exempting the
aforesaid confirmation of notarial documents.
Chapter VI Supplementary Provisions
China.
Ministry of Justice,
promulgation.?
URL: http://www.asianlii.org/cn/legis/cen/laws/ircn453