中国公证法英文版Word格式文档下载.docx

1、（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 Peoples Republic of China on August 28, 2005. It is hereby promulgated and shall come into force as of March 1, 2006.President of the People

2、s Republic of China Hu JintaoAugust 28, 2005（Adopted at the 17th Session of the Standing Committee of the Tenth National Peoples Congress on August 28, 2005）ContentsChapter I General ProvisionsChapter II Notarial OfficesChapter III NotariesChapter IV Notarization ProceduresChapter V The Effect of No

3、tarizationChapter VI Legal LiabilitiesChapter VII Supplementary ProvisionsChapter General ProvisionsArticle 1 This Law 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, pr

4、eventing disputes and protecting the lawful rights and interests of the natural persons, legal persons or other organizations.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 lega

5、l act, a document or a fact of legal significance according to the statutory procedures.Article 3 A notarial office shall 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 natio

6、nal notary association and each province, autonomous region or municipality directly under the Central Government shall 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 Ass

7、ociation shall be formulated by the general assembly of the representatives of its members and shall be reported to the judicial administrative department of the State Council for archival purposes.The notary associations are self-disciplinary organizations of the notarization industry. They shall c

8、arry out activities in accordance with the charter and shall supervise the practice of the notarial offices and notaries.Article 5 The judicial administrative department shall, under the law, supervise and offer guidance to the notarial offices, notaries and notary associations.Article 6 A notarial

9、office is a lawfully established non-profit-making certification institution that independently 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

10、in a county, undistricted city, districted city, municipality directly under the Central Government 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 establishe

11、d on different levels according to administrative hierarchy.Article 8 A to-be-established 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

12、a notarial office 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. After the judicial administrative department of the provinc

13、e, autonomous region or municipality directly under the Central Government grants approval 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 select

14、ed or elected 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 dire

15、ctly under the Central Government for archival purposes.Article 11 Upon request of a natural 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）Distr

16、ibution of property;（5）Bidding and tendering, auction;（6）Marriage status, kindred relationship, 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

17、of association;（9）Preservation of evidence;（10）Signature, seal and date as indicated in a document, duplicate or photocopy of a document conforming with the original document;（11）Other matters that a natural person, legal person or any other organization voluntarily requests for notarization.As to a

18、ny matter that shall be notarized under any law or administrative regulation, the relevant 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, th

19、e notarial office may handle the following affairs:（1）The affairs that shall be registered 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）Ma

20、king legal documents relating to the notarization matter instead of others;（5）Providing 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 arc

21、hive file;（3）canvass notarial business by bespattering other notarial offices or notaries, 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 fee

22、s by violating the prescribed standards; or（6）commit any other act as prohibited by any 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, sha

23、ll supervise the practices of its notaries and shall set up a responsibility system for wrong practices.Article 15 The notarial institution shall buy notarial practice responsibility insurance.Article 16 A notary shall be a notarial practitioner who meets the conditions as prescribed by this Law and

24、 is working in a notarial office.Article 17 The number of notaries 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 establish

25、ment of notarial offices and the needs of notarial business, the plan 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 Peopl

26、es Republic of China;（2）Being 25- 65 years old;（3）Being impartial and upright, observing the law and disciplines, being of good moral character;（4）Having passed the national judicial examination;（5）Having acted as an intern in a notarial office for 2 or more years, or having 3 or more years of exper

27、ience of another legal profession and having acted as an intern 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

28、 lawyer, has a university diploma or above and has full 10 years 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 unde

29、r any of the following circumstances:（1）Having no civil capacity 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 Wh

30、ere a person intends to act as a notary, he shall meet the conditions 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 th

31、e province, autonomous region or municipality directly under the 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