| 【时 效 性】 | 有效 | 【颁布日期】 | 1982-04-13 |
| 【颁布单位】 | 国务院 | 【实施日期】 | 1982-04-13 |
| 【法规层次】 | 国务院文件 | 【文 号】 | 无 |
| 【首选类别】 | 国家基本法规 | 【次选类别】 | |
| 【其它类别】 | 【其它类别】 | ||
| 【关 键 字】 | 中华人民共和国涉外法规汇编 | ||
This
PEOPLE'S REPUBLIC OF
which
Council of
In case of discrepancy, theoriginal version in Chinese shall prevail.
INTERIM REGULATIONS OF THEPEOPLE'S REPUBLIC OF
(Promulgated by the StateCouncil on April 13, 1982)
These Regulations areformulated
notarial system, to uphold thesocialist legal system, to prevent disputes
and to reduce the number oflawsuit cases.
Notarization means that thestate notarial department, upon application of
any
authenticity and legality oflegal
facts, so as to safeguard publicproperties, and
status, and property rights aswell as their lawful interests.
The notary office is thestate
should, through its notarialactivities, educate citizens in abiding
the law and upholding thesocialist legal system.
The notary office shall handlethe following items of business:
(1) to give a testimonial tocontracts (legal deeds), powers of attorney,
(2) to give a testimonial toright of inheritance;
(3) to give a testimonial todonation of
(4) to give a testimonial to therelationship of adoption;
(5) to give a testimonial tofamily relationship;
(6) to give a testimonial toidentity (status), record of education, and
(7) to give a testimonial to aperson's birth, marital status, existence
(8) to give a testimonial to theauthenticity of signatures and seals on
(9) to give a
versions, translations, andphoto-offset copies to the original;
(10) to give atestimonial
documents concerning the claimfor repayments of debt and articles in the
event that such documents areconsidered to be unequivocal;
(11) to be responsible for thepreservation of evidence;
(12) to be responsible for thesafekeeping of wills or other documents;
(13) to draft, on behalf of theparty concerned, a document of application
(14) to handle other notarialaffairs in accordance with the application
of the party concerned andinternational practice.
The notary office shall be setup in
Central Government, counties (orautonomous counties, and the same below),
and municipalities.
authorities of the province,autonomous region and
under the Central Government, amunicipal district may
The
administrative authorities. Thesubordinative relationship does not exist
The notary office shall havepositions of notary and assistant notary.
When necessary, it may havepositions of director and deputy director.
The positions
notaries. The director anddeputy director shall direct the work of
notary office, and must alsoexecute the duties of notaries.
Directors, deputy directors,notaries, and
appointed and removedrespectively by the relevant people's government of
the municipality directly underthe Central Government, of the county, or
of the municipality inaccordance with
Any citizen who has the right toelect and stands for
meet one of the followingqualifications may be appointed as a notary:
(1) graduates of law specialtyof institutions of higher learning who have
passed the probation, and haveengaged in judicial work, teaching of law,
or research in law for 1 year ormore;
(2) those who have served in apeople's court or a people's procuratorate
(3) those who have engaged injudicial work in the judicial administrative
department for 2years
departments, publicorganizations, or enterprises and institutions for
years or more, andhave the knowledge
graduates from secondary lawschools;
(4) those who have served asassistant notaries for 2 years or more.
Graduates from law schools atthe secondary and
passed the probation, andgovernment
record of education, may beappointed as assistant notaries.
Notarial affairs shall be underthe jurisdiction of the notary office at
the locality where the applicanthas his/her
where legal actions or legalfacts have occurred.
Notarial affairs concerningtransfer of
jurisdiction of the notaryoffice at the locality where the applicant has
his/her residence registration,or where principal properties are located.
In the event that a
handling of the same notarialaffair, have their residence registration at
different localities that do notcome under the jurisdiction of one
the same notary office, or theproperties are scattered in several areas
that come under
persons concerned may, throughconsultation, make
any of those notary offices. Inthe event that the persons concerned fail
to reach an
coordinate in jurisdiction outof consideration for the convenience of the
In the event that
offices, their common superior -the judicial
at a higher level shalldesignate the jurisdiction.
The Ministry of Justice and thejudicial departments of various provinces,
autonomous
Government shall have theauthority to assign a certain notary office
handle a particular notarialaffair.
The embassy or consulate ofChina in a foreign country may handle notarial
affairs at the requestof a
country where there is Chineseembassy or consulate.
In applying for notarization, aparty concerned shall
office personally to make anapplication in writing or verbally. If
application affair is entrustedto an agent, certifying documents of the
power of attorney shallbe presented.
shall not be entrusted to anagent if the party concerned applies to
notary office
statement, adoption of children,a will, or signatures and seals; if the
party concerned has truedifficulty in making the application, the notary
may go to the locality where theparty concerned resides, to handle
In the event thatstate
institutions apply fornotarization, they shall send their representatives
to the notary office. Therepresentatives shall present their certifying
documents of the power ofrepresentation.
Notaries shall not handlenotarial affairs which they themselves or their
spouses, or which the nearrelatives of themselves or their spouses apply
for; in addition,
themselves or their spouses haveinterests in. The parties concerned shall
have the right to apply for thewithdrawal of any of the notaries.
The notaries must examine thestatus of the parties
ability to exercise rights andto perform obligations; and must
the authenticity and legality ofthe facts, documents and other relevant
documents, with regard to all ofwhich the persons concerned are applying
In the event that the notaryoffice holds that the
the persons concerned is notcomplete or is doubtful, it has the right to
notify the
complete the evidence, or it mayconsult the
concerned and ask them toprovide certifying documents and materials. The
departments and individualsconcerned shall have the obligation to render
Notaries shall prepare notarialdocuments in accordance with the
prescribed or approved by theMinistry of Justice.
After notarial documents havebeen processed, an additional copy of
documents shall be kept on file.In accordance
persons concerned, duplicatesmay be prepared, which shall be issued
the persons concerned togetherwith the original documents.
The notary office shallcollect
affairs. The measures forcollecting notarial
formulated by the Ministry ofJustice separately.
The notarial affairs, as handledby the
If one party concerned refusesto act in accordance with the stipulations
of the documentconcerning
compulsory by the notary officein accordance
Item 10, Article 4,the other
people's court which hasjurisdiction for execution.
The notary office shall refuseto give a testimonial to false or illegal
statements and documents. Whenthe notary
application of the partyconcerned for
verbally or in writing, to theparty
application is rejected, andexplain also
appeal if the applicant is notsatisfied with the rejection. In the event
that the party concerned is notsatisfied with the rejection made by the
notary office, or thinks thatthe notary has handled the notarial affair
improperly, he/she may make anappeal to the municipal or county judicial
administrative department atthe locality
located or to the judicialadministrative department at a higher
and the department that acceptsthe appeal shall make a decision.
The notary office, or thejudicial administrative department at the
level, or the judicialadministrative department at a higher level, shall
rescind a notarial
discover that there are improperpoints or mistakes in it.
In the event that notarialdocuments, processed
application made by the partyconcerned, are
country for use, these notarialdocuments, apart from being processed in
accordance with the proceduresas prescribed in
sent to the Ministry of ForeignAffairs, or to the foreign affairs office
of the province, autonomousregion, or
Central Government, and also tothe said
consulate in China forconfirmation. However, the aforesaid stipulations
shall not apply tosuch cases
notarial documents are to beused prescribes
provisions, or where anagreement has been signed between China and
said foreign country onexempting the aforesaid confirmation of
These Regulations shall apply toforeign citizens residing in China.
The right to interpret theseRegulations shall reside in the Ministry of
These Regulations shall go intoeffect as of the date of promulgation.