中国公证法（英文版）

Notarization Law of the People's Republic of China Promulgation date: 08-28-2005 Effective date: 03-01-2005 Order of the President （No. 39）

The Notarization Law of the People's Republic of China was adopted at the 17th meeting of the Standing Committee of the National People's Congress of the People's 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's Republic of China Hu Jintao August 28, 2005

Notarization Law of the People's Republic of China

（Adopted at the 17th Session of the Standing Committee of the Tenth National People's Congress on August 28, 2005） Contents

Chapter I General Provisions Chapter II Notarial Offices Chapter III Notaries

Chapter IV Notarization Procedures Chapter V The Effect of Notarization Chapter VI Legal Liabilities

Chapter VII Supplementary Provisions Chapter General Provisions

Article 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, preventing 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 legal 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 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 local notary associations shall

1

be social organizations with legal person status. The charter of China Notary Association 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 carry 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. Chapter II Notarial Offices

Article 6 A notarial 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 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 established 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 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 province, 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 selected 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 directly 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;

2

（3）Authorization, declaration, bestowal, will; （4）Distribution 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 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; and

（11）Other matters that a natural person, legal person or any other organization voluntarily requests for notarization.

As to any 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, the 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）Making 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 archive 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 fees by violating the prescribed standards; or

3

（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, shall 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. Chapter III Notaries

Article 16 A notary shall be a notarial practitioner who meets the conditions as prescribed by this Law and 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 establishment 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 People's 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; and

（5）Having acted as an intern in a notarial office for 2 or more years, or having 3 or more years of experience 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 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 under 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.

4

Article 21 Where 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 people's government of the province, autonomous region or municipality directly under the Central Government for examination and approval. If the judicial administrative department of the people's 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.

Article 22 A notary shall observe the disciplines and the law, strictly abide by the professional ethics, perform his notarial duties, keep confidential the secrets he has access to in his practice.

A notary shall be entitled to obtain remunerations, enjoy insurance and welfare treatments. He has the right to resign from his job, to file a complaint or bring a charge. He shall not be dismissed from his post or be punished unless there is a statutory reason or unless the statutory procedures have been completed. Article 23 No notary may:

（1）concurrently act as a notary in 2 or more notarial offices; （2）assuming other paid job（s）;

（3）perform any notarial act requested by his close relative or perform any notarial act in which he and his close relative has an interest; （4）illegally issue any notarial certificate;

（5）issue a notarial certificate for any untrue or unlawful affair;

（6）embezzle or misappropriate the notarization fees or encroaching upon or steal any articles for the exclusive use of notarization;

（7）destroy or fraudulently alter any notarial document or archive file;

（8）divulge any state secret, commercial secret or personal privacy he has access to in his practices; or

（9）commit any other act as prohibited by any law or regulation, or provisions of the judicial administrative department of the State Council.

Article 24 Where a notary is under any of the following circumstances, the local judicial administrative department shall report him to the judicial administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government and shall propose the judicial administrative department of the State Council to dismiss him from the job of a notary:

（1）He has lost the nationality of the People's Republic of China;

（2）He is 65 years old or he is unable to perform his duties continuously for health reason;

5