Regulations of Shenzhen Special Economic
Zone on Notarization |
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(Originally
adopted at the thirty-third meeting of the second Standing
Committee of Shenzhen Municipal
People' s Congress on June 30,1999,
as revised in accordance with the Decision on Revision of
Regulation
of Shenzhen Economic Zone on Notarization of the
eleventh meeting of the third Standing Committee of Shenzhen
Municipal People' s Congress on October 17,2001.) |
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Chapter
¢ñ
General Provisions |
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Article 1
In order to normalize notarial acts,
to prevent and reduce disputes, and protect the state interests
and lawful rights and interests of citizens, legal persons and
other organizations, these regulations are formulated
in
accordance with the provisions of national laws and regulations
concerned and the actual circumstances
of Shenzhen Special
Economic Zone (hereinafter referred to as "Special Zone" ).
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Article 2
"Notarization" in these regulations
means the acts that the notary office proves the truth and
legality
of legal acts, matters and documents according to law. |
Article 3
"Notary office" means the special certification institution that
uniformly exercises the national
certification rights according to
law. |
Article 4
The notary office shall keep secrets of the parties when dealing
with notarization affairs. |
The notary shall
implement the operation in accordance with the facts, national
laws and practicing
disciplines. |
Article 5
The judicial administrative organ of Shenzhen Municipal People' s
Government (hereinafter referred
to as "municipal judicial
administrative organ" ) takes charge of the notarial work of
Special Zone. |
The judicial
administrative organ of each district takes charge of the notarial
work in the district. |
The notarial
association is a social organization that is registered and
established according to law
and assists the municipal judicial
administrative organ to administrate the notarial trade. |
The municipal
judicial administrative organ guides and supervises the work of
the notarial association. |
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Chapter
¢ò
Notary Agency and Notary |
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Article 6
The notary is the legal professional that specially deals with the
notarial affairs. |
The notary shall
have passed the national examination and obtained the practicing
qualification according
to relevant national provisions. |
Article 7
The notary office is the working place where the notary practices. |
There is no
relation of administrative subordination among notary offices. |
Article 8
The director, whose post shall be notary, assumes overall
responsibility for the work of notary office. |
Article 9
The notary office shall carry out independent accountability. |
The notary office
shall set up career developing fund and compensation fund. |
Article 10
The establishment of the municipal notarial association, and the
election, appointment and removal
of director or permanent
director shall conform to the constitution of notarial
association. |
The notary office
and notary shall join in the municipal notarial association and
pay membership fees
according to the constitution of the municipal
notarial association. |
Article 11
The municipal notarial association shall protect the notary' s
lawful rights and interests, organize
the business training and
communication, and assist the municipal judicial administrative
organ to
implement direction and supervision over the notary' s
operation. |
The notarial
association shall assist the municipal judicial administrative
organ to implement annual
examination, registration and punishment
over the notary. |
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Chapter
¢ó
Jurisdiction of Notarization |
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Article 12
The notarial affairs shall be within the jurisdiction of the
notary office in this city if the party'
s domicile or the place of
judicial facts locates in this city. |
The notarial
affairs may be within the jurisdiction of the notary office in
this city if the party'
s habitual residence locates in this city,
although his domicile is outside. |
Article 13
The civil notarial affairs involving
the personal relation of the party shall be within the
jurisdiction
of the municipal notary office or the notary office
of the district where the party' s domicile locates. |
The notarization
of realty in this city shall be within the jurisdiction of the
municipal notary office
or the notary office of the district where
the realty locates, except that the realty is involved in the
will, certificate of entrustment, letter of donation or letter of
declaration made out of this city. |
Article 14
The notarization of domestic adoption that the domicile of the
adoptive parent locates in the city
shall be within the
jurisdiction of the municipal notary office or the notary office
of the district
where the domicile of adoptive parent locates. |
The notarization
of adoption concerning foreigners shall be within the jurisdiction
of the notary office
designated by the national judicial
administrative organ if the adoptee' s domicile locates in this
city. |
Article 15
The identical notarial affairs shall be dealt with by the same
notary office. |
The party may
selectively apply to one notary office for the notarial affairs if
more than two notary
offices have rights to deal with, and the
notarial affairs shall be dealt with by the notary office that
accepts it first. |
Article 16
The notary offices shall resolve the jurisdictional dispute
through consultation. If the dispute can'
t be resolved through
consultation, their common superior judicial administrative organ
shall designate
the jurisdiction. |
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Charter
¢ô
Notarial Business and Effect of Notarization |
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Article 17
The notary office shall conduct the notarization with the party' s
application. |
Article 18
The following legal acts shall be notarized: |
(1) donation and
inheritance of realty; |
(2) inheritance
and donation of registered valuable securities; |
(3) transfer of property rights and stock right
of an enterprise, unless approved or conformed by the governmental
administrative department of state-owed assets; |
(4) invitation and
submission of bids of key project invested by the government; |
(5) other
conditions that have to be notarized, as prescribed by laws and
regulations. |
Article 19
The notary office may conduct drawing business of currency,
articles or valuable securities for the
parties. |
The party, who
conducted a drawing of currency, articles or valuable securities
that he shall pay in
the notary office, shall be considered to
have performed the obligation. |
Article 20
The notary office may take interim measures of protection of
evidence for the parties. |
Article 21
For the document of creditor' s rights that has been notarized and
accords with the following conditions,
if the debtor doesn' t
perform the duty, the notary office may endow it the effect of
compulsory execution
according to the creditor' s application: |
(1) The contents
of payments are the currency, articles or valuable securities; |
(2) The
relationship of credit and obligation is clear, and the parties
have no doubt on what the document
of creditor' s rights described; |
(3) The debtor
explicitly expresses in the document of creditor' s rights that he
will voluntarily accept
the compulsory execution when he does not
perform the obligation. |
For a document of
creditor' s right endowed the effort of compulsory execution, the
creditor may apply
to the competent court for compulsory execution
according to relevant provisions in civil procedure law. The court
applied to shall enforce the document. |
If the people' s
court finds definite errors in the document of creditor' s rights
endowed the effect
of compulsory execution, it shall make an order
not to allow the execution, and serve the order on both parties as
well as the notary office. |
Article 22
The notarial certificate has the certification effect in law, and
shall be the basis that the people'
s court, arbitral institution
or administrative organ ascertains a fact, unless the relevant
party
submits the adverse proof to overthrow it. |
The notarial
certificate can' t be altered or rescinded unless in accordance
with the legal procedure. |
Article 23
When performing the duty, the notary shall take the practicing
certificate of notary of the People'
s Republic of China printed by
the judicial administrative organ of State Department. |
The notary has a
right to hold the effective certificate to investigate and collect
the evidence from
relevant unit and individual. |
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Chapter
¢õ
Procedure of Notarization |
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Article 24
The citizens, legal persons or other organizations shall apply to
or entrust an agent to apply to the
notary office for a
notarization. |
The notarial
affairs concerning entrustment, announcement, donation, will,
legacy-support agreement,
adoption, acknowledgement of offspring,
survival or others closely involving the person shall not be
entrusted to an agent. If the party does have difficulty to be
present in the notary office, the notary may go to
the party' s
locality to handle the notarial affairs. |
Article 25
The notary office shall accept the following applications: |
(1) The applicant
has the interests with the affair; |
(2) This affair is
in the range of notary business; |
(3) This affair is
within the jurisdiction of the notary office. |
For the
notarial affairs that fail to meet the requirements, the notary
office shall make a decision
of nonacceptance of the application
and notify the party. |
Article 26
The notary shall withdraw under
following conditions when handling the notarial affairs: |
(1) He is the
party or the party' s near relative in the notarial affair; |
(2) He has the
interests with the notarial affair; |
(3) He has other
relationship with the party that may have effect on handling the
notarial affair correctly. |
The provisions of
the preceding paragraph shall be applicable to the assistant
notary, interpreter and
appraiser. |
Article 27
The party or his agent may make an application to the notary
office in writing or verbally for a withdrawal
before signing for
the notarial document. |
The withdrawal of
director of notary office shall be decided by the judicial
administrative organ of
the same level. The withdrawal of other
notaries shall be decided by the director of notary office. |
Article 28
After accepting the application of notarization, the notary office
shall examine the indentification
and civil capacity of the
parties, and shall examine the authenticity and legality of the
facts and
evidences. |
If the evidences
and documents are not complete or are doubtful, the notary office
shall demand the
applicant to supplement or clarify them. If the
applicant has difficulty in adducing evidences, the notary office
may be entrusted by the party to investigate and collect them. |
Article 29
When handling natarial affairs, the notary office has the right to
investigate the archives, documents
and asserts involving the
notarial affairs, and inspect the material evidence or scene. The
units and
individuals concerned shall provide help. |
Article 30
For the natarial affairs that have clear facts, enough evidences
and accord with the provisions of
law, the notary office shall
make a notary certificate within 5 working days upon the date
accepting
the application. |
For notarial
affairs that need to make an investigation for a check, the period
of making a certificate
can be extended to 10 working days. |
For difficult and
complicated notarial affairs, the time limit of making a
certificate can be extended
appropriately with the approval of
director of notary office, but shall not exceed 30 working days at
the longest. |
The delaying
period caused by force majeure, other accidents or the applicant' s
adding the evidences
is not included in the time limit prescribed
in the preceding paragraph. |
Article 31
The notary office shall refuse to issue the notary certificate to
false or illegal notarial affairs,
and shall notify the party in
writing within 5 working days. |
If the party
provides the false documents, the notary office shall have the
right to refuse the application
and shall report it to the
judicial administrative organ, which shall notify the other notary
offices
in this city. The other notary offices shall not accept
the notified application. |
Article 32
The notary certificate shall be made according to prescribed
format. |
The words of
testimonial shall be explicit and concrete. |
Article 33
The notary certificate shall be drawn from the notary office by
the party or his agent. If they have
difficulty in doing so, the
notary certificate can be dispatched by the notary office. |
The party or his
agent shall sign or affix their seals to the proof of service. If
the notary certificate
is dispatched by making service via mail,
the date upon receiving the certificate marked out on the proof of
service shall be the dispatching date. |
Article 34
The notary certificate shall take effect as of the date upon
approved by the approving authority. The
date of making the notary
certificate shall be the approved date. |
Article 35
The notary office shall revoke any false or illegal notary
certificate issued by it. The judicial administrative
organ has
the right to revoke any false or illegal certificate issued by
notary offices under its administrations. |
Article 36
The notary office shall stop conducting the notarization, if one
of the following conditions: |
(1) The party
withdraws the application before the notary certificate takes
effect; |
(2) Conducting the
notarization can' t go on or has been meaningless because the party
died or the legal
person, other organization ended. |
Article 37
The party or interested party, who disagrees with not accepting
the application, refusing to notarize
and revoking or refusing to
revoke the notary certificate, may complain to the competent
judicial administrative
organ within 15 days. The judicial
administrative organ may make the administrative decision
according
to provisions of these regulations. |
The party or
interested party, who is not satisfied with the administrative
decision made by the judicial
administrative organ, may apply for
reconsideration to the superior judicial administrative organ or
the administrative appeal authority of Shenzhen Municipal People' s
Government, or appeal to the people' s court. |
Article 38
The notary office shall collect service charges for handling
notarial affairs according to the standard
prescribed by relevant
national departments. |
Article 39
The notary office may reduce or exempt the charges, if one of the
following conditions: |
(1) handling the
notarial affairs involving the pension for the disabled or for the
family of the deceased,
relief fund and label insurance money; |
(2) handling the
notarial affairs involving the public interests; |
(3) other special
conditions needing reduce or exempt charges. |
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Chapter
¢ö
Legal Responsibility |
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Article 40
If the notary office commits any one of the following acts, the
municipal judicial administrative organ
shall serve a warning, and
the notary office shall be confiscated thelegal income and
concurrently
imposed a fine of 3 to 5 times of illegal gains in
case it gains: |
(1) violating the
provisions of these regulations involving the jurisdiction to
handle notarial affairs; |
(2) arbitrarily
raising or reducing the standard of notarial charges to handle
notarial affairs; |
(3) violating the
time limit prescribed in these regulations to handle natarial
affairs with a delay; |
(4)
misappropriating the deposited money or object; |
(5) refusing to
establish the development fund and compensation fund of natarial
cause. |
Article 41
If the notary commits any one of the following acts, the municipal
and district judicial administrative
organ shall circulate a
notice of criticism and serve a warning. In case of gross
violation, the provincial
judicial administrative organ shall
impose a punishment of stopping implementing business for more
than three months and less than one year or delaying registering
for one year according to procedure: |
(1) refusing to
conduct a notarization; |
(2) disclosing
secrets of the party; |
(3) issuing a
wrong notarization because of delinquency, and causing no grave
consequences. |
Article 42
If the notary commits any one of the following acts, the municipal
and district judicial administrative
organ shall report to the
provincial judicial administrative organ according to procedure,
which shall
impose a punishment of stopping implementing operation
for more than three months and less than one year or delaying
registering for one year. In case of gross violation, the
provincial judicial administrative organ
shall impose a punishment
of revoking the practicing license of notary and canceling the
qualification
of notary, and the illegal gains shall be
confiscated in case the notary gains. In case he commits a crime,
he shall be removed to the judicial authority and be prosecuted
for criminal responsibility: |
(1) seeking
illegal interests in advantage of his position of handling
notarial affairs; |
(2) conspiring the
applicant to provide false evidences and conceal the true facts; |
(3) violating
provisions to conduct a notarization and causing grave
consequence; |
(4) taking the
place of notary office to issue the notarial certificate secretly; |
(5) embezzling and
misappropriating money, goods or property stored in notary office; |
(6) giving advice
for the applicant to evade the law; |
(7) conspiring
other notaries to handle illegal notarial affairs. |
Article 43
The notary office, which causes losses to citizens, legal persons
or other organizations because of
issuing the mistake notarial
certificate or improperly handling notarial affairs, shall give a
compensation
pursuant to law. The measures of compensation shall
be formulated by the judicial administrative organ. |
Having paid
compensation, the notary office may recover part or all of the
damages from the erring notary. |
Article 44
The notary office has the right to detain the false certification
materials that the party provides
for the notary office to obtain
the notarization by fraud. |
The party, who
causes losses to citizens, legal persons or other organizations
because of providing
the false proving materials to obtain the
notarization by fraud, shall be liable for compensation according
to law. Having paid the compensation, the notary office has the
right to recover the damages from the party. |
Article 45
Having made the decision of administrative penalty according to
these regulations, the judicial administrative
organ shall issue
the written decision of the administrative penalty. If not
satisfied with the decision
of penalty, the citizen, legal person
or other organization may apply for reconsideration or appeal to
the people' s court according to law. |
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Chapter
¢÷
Supplementary Provisions |
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Article 46
These regulations shall go into effect as of September 1, 1999. |