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PROVISIONS ON THE ADMINISTRATION OF THE JUDICIAL AUTHENTICATION LICENCES |
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(Circular of the Ministry of Justice on Distributing the Provisions on the Administration of Judicial Authentication Licenses (No.019 [2001] of the Ministry of Justice), February 20, 2001: In order to regulate the administration of judicial authentication licenses, and to ensure that the judicial authentication institutions carry out judicial authentication according to law, this Ministry has enacted the Provisions on the Administration of Judicial Authentication Licenses on the basis of the opinions sought from the relevant departments, which shall come into force as of the date of promulgation ) |
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SUBJECT : JUDICIAL AUTHENTICATION; LICENCE |
ISSUING DEPARTMENT : MINISTRY OF JUSTICE OF THE PEOPLE'S REPUBLIC OF CHINA |
ISSUE DATE : 02/20/2001 |
IMPLEMENT DATE : 02/20/2001 |
LENGTH : 847 words |
TEXT : |
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Article 1. In order to regulate the administration of judicial authentication licences, and to ensure that the judicial authentication institutions carry out judicial authentication according to law, the present Provisions are enacted in accordance with the Measures for the Administration of the Registration of Judicial Authentication Institutions.
Article 2. The Judicial Authentication Licence is the proof of the legally approved establishment and practice of a judicial authentication institution providing services to the public.
Article 3. The Ministry of Justice and the judicial departments (bureaus) of the provinces, autonomous regions, and municipalities directly under the Central Government are the administrative organs of judicial authentication licences.
Article 4. The Judicial Authentication Licence shall be made by the Ministry of Justice in a unified way, and be issued respectively by the Ministry of Justice and the judicial departments (bureaus) of the provinces, autonomous regions, and municipalities directly under the Central Government according to the division of their functions.
Article 5. It is prohibited to forge, fake, alter, lease, lend, mortgage, transfer, or intentionally damage the Judicial Authentication Licence. No entity or individual other than the judicial administrative organs may detain, withdraw, or revoke the Judicial Authentication Licence.
Article 6. The Judicial Authentication Licence is divided into original and duplicate. The original and duplicate are of the same legal effect. The original is fit for hanging, and shall be publicly hung at the practice place of a judicial authentication institution. The duplicate is fit for folding, and shall be used in the annual examination, licence charges, and for other purposes.
Article 7. The original of a Judicial Authentication Licence shall indicate: the institution name, institution domicile, legal representative, institution principal, authentication scope, licence-issuing organ, date of issue, and the licence number.
Article 8. The duplicate of a Judicial Authentication Licence shall indicate: the institution name, institution domicile, legal representative, institution principal, registered capital, authentication scope, licence issuing organ, date of issue, licence number, and alteration registration, annual examination, and record of punishment of the judicial authentication institution.
Article 9. The numbering of the Judicial Authentication Licences shall be determined by the Ministry of Justice in a unified way, and the licence number of a Judicial Authentication Licence is in 7 figures:
The first and second figures are the code of the province, autonomous region, or municipality directly under the Central Government, or the Ministry of Justice, and codes shall be in conformity with the relevant provisions of the state;
The third and fourth figures are the code of the region to which the province, autonomous region, or municipality directly under the Central Government belongs, and the code shall be determined by the judicial department (bureau) of the province, autonomous region, or municipality directly under the Central Government;
The fifth, sixth, and seventh figures are the code of the judicial authentication institution, and the code shall be determined by the licence-issuing organ.
Article 10. The validity period of a Judicial Authentication Licence is 6 years, and the licence shall be replaced upon expiration by the original licence-issuing organ.
Article 11. The judicial administrative organs shall apply annual examinations to the Judicial Authentication Licences. The licence may be used only after passing the annual examination and being affixed with the stamp of annual examination by the licence-issuing organ.
Article 12. If a Judicial Authentication Licence is lost or destroyed in accident, the judicial authentication institution shall immediately report the loss to the licence-issuing organ, and apply for replacement pursuant to the provisions.
Article 13. Where a judicial authentication institution alters any registered matters, it shall make the alteration registration with the licence-issuing organ by presenting its Judicial Authentication Licence.
Article 14. Where a judicial authentication institution terminates practice as a result of stop of business, dissolution or other reasons, it shall, when making the written-off registration, return the Judicial Authentication Licence to the original licence-issuing organ.
Article 15. The power to interpret the present Provisions shall remain with the Ministry of Justice.
Article 16. The present Provisions shall come into force as of the day of promulgation.
Appendix: Codes of the provinces, autonomous regions, and municipalities directly under the Central Government, and the Ministry of Justice
Appendix:
CODES OF THE PROVINCES, AUTONOMOUS REGIONS, AND MUNICIPALITIES DIRECTLY UNDER THE CENTRAL GOVERNMENT, AND THE MINISTRY OF JUSTICE
- Ministry of Justice 10 - Beijing Municipality 11 - Tianjin Municipality 12 - Hebei Province 13 - Shanxi Province 14 - Inner Mongolia Autonomous Region 15 - Liaoning Province 21 - Jilin Province 22 - Heilongjiang Province 23 - Shanghai Municipality 31 - Jiangsu Province 32 - Zhejiang Province 33 - Anhui Province 34 - Fujian Province 35 - Jiangxi Province 36 - Shandong Province 37 - Henan Province 41 - Hubei Province 42 - Henan Province 43 - Guangdong Province 44 - Guangxi Zhuang Autonomous Region 45 - Hainan Province 46 - Chongqing Municipality 50 - Szechwan Province 51 - Guizhou Province 52 - Yunnan Province 53 - Tibet Autonomous Region 54 - Shensi Province 61 - Gansu Province 62 - Qinghai Province 63 - Ningxia Hui Autonomous Region 64 - Sinkiang Uigur Autonomous Region 65
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