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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II POST-HOLDING CONDITIONS FOR NOTARIES CHAPTER III POST-HOLDING PROCEDURES FOR NOTARIES CHAPTER IV ADMINISTRATION OF THE PRACTICE CERTIFICATES OF NOTARIES PUBLIC CHAPTER V SUPERVISION AND CHECK OF THE PRACTICES OF NOTARIES PUBLIC CHAPTER VI LEGAL LIABILITIES CHAPTER VII SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. These Measures are formulated according to the Notarization Law of the People's Republic of China (hereinafter referred to as the Notarization Law) and the relevant laws and regulations for the purpose of strengthening the post-holding management and practice supervision of notaries and regulating the practices of notaries. Article 2. Notaries public are practitioners who meet the conditions as prescribed in the Notarization Law, go through the statutory post-holding procedures, obtain practice certificates for notaries and engage in the notarization businesses in notarization institutions. The number of notaries public shall be determined according to the requirements for the set-up of notarization institutions and the notarization business. The notary employment scheme shall be formulated and verified by the judicial administrative organ of the province, autonomous region, or municipality directly under the Central Government and report to the Ministry of Justice for archival filing. Article 3. The lawful practice of notaries shall be protected by law, and no entity or individual shall not intervene in it. A notary has the right to obtain labor remunerations, enjoy insurance and welfare treatments, file an application for resignation, appeal or accusation, and shall not be dismissed or punished except for statutory causes and after going through the statutory procedures. Article 4. A notary shall abide by the laws, professional ethics and disciplines, and perform notarization duties and keep practicing secrets to himself. A notary shall join in the local and national notarization associations. Article 5. The judicial administrative organ shall supervise and guide the notaries according to the Notarization Law and other relevant laws, regulations and rules. Article 6. The notaries' association is a self-disciplinary organization for the notarization industry, and shall supervise over the practice of notaries according to the Notarization Law and its articles of association. CHAPTER II POST-HOLDING CONDITIONS FOR NOTARIES Article 7. To act as a notary, one shall: (1) have the nationality of the People's Republic of China; (2) be older than 25 years but younger than 65 years; (3) be fair and upright, abide by laws and disciplines, and have good conduct; (4) have passed the National Judicial Examination; and (5) have acted as an intern in the notarization institution for two or more years, or have other legal professional experiences for three or more years and acted as an intern in the notarization institution for one or more years, and be assessed as qualified. Article 8. Anyone who meets the requirements of Items (1), (2) and (3) of Article 7 of these Measures, satisfies any of the following conditions, has left his original post, and is qualified upon assessment may act as a notary: (1) one has engaged in the teaching or research of laws, and has the senior professional title; or (2) any civil servant or lawyer that has an educational background of undergraduate education or higher and has engaged in the adjudication, prosecutorial work, legal affairs, or legal service for 10 or more years. Article 9. Anyone who is under any of the following circumstances shall not act as a notary: (1) Having no capacity for civil conduct or having limited capacity for civil conduct; (2) Having been subjected to criminal penalties due to any intentional crime or duty-related crime; (3) Having been dismissed from public office; or (4) His practice certificate has been revoked. CHAPTER III POST-HOLDING PROCEDURES FOR NOTARIES Article 10. Anyone in line with the conditions prescribed in Article 7 of these Measures shall file an application by himself and be recommended by the notarization institution that plans to hire him, and the local judicial administrative department shall issue its examination opinions and report them to the judicial administrative department of the province, autonomous region, or municipality directly under the Central Government for examination and approval. The following materials shall be submitted for examination and approval: (1) an application form for working as a notary; (2) a recommendation letter of the notarization institution; (3) a photocopy of the identification card of the applicant and his resume, as well as the corresponding certification on his work experiences if the applicant has other legal professional experiences for 3 or more years; (4) a photocopy of the legal professional qualification certificate of the applicant; (5) an internship appraisal issued by the notarization institution and the internship assessment opinions issued by the local judicial administrative department; (6) the examination opinions about the applicant issued by the local judicial administrative department; and (7) other materials as required to be submitted. Article 11. Anyone who meets the conditions as prescribed in Article 8 of these Measures shall file an application by himself and be recommended by the notarization institution that plans hire him, and the local judicial administrative department shall issue examination opinions and report them to the judicial administrative department of the province, autonomous region, or municipality directly under the Central Government for examination and approval. The following materials shall be submitted for examination and approval: (1) an application form for working as a notary; (2) a recommendation letter of the notarization institution; (3) a photocopy of the identification card of the applicant and his resume; (4) an attestation that proves that the applicant has engaged in the teaching or research of laws and has the senior professional title, or the applicant has the educational background of undergraduate education or higher, and has engaged in the adjudicative, prosecutorial work, legal affairs or legal service for 10 or more years; (5) an attestation that proves that the applicant has left his original post; (6) the examination opinions about the applicant issued by the local judicial administrative department; and (7) other materials required to be submitted. Article 12. The judicial administrative department of the province, autonomous region, or municipality directly under the Central Government shall complete the examination and approval within 20 days upon receipt of the materials for examination, and shall issue examination opinions on approving the applicant to be a notary, fill in an examination and approval form for the post-holding of notaries and submit it to the Ministry of Justice for appointment, or shall make a decision on disapproving the applicant to be a notary and notify the applicant and the local judicial administrative department in written form if the applicant does not meet the prescribed conditions or the notary employment scheme. Article 13. The Ministry of Justice shall, within 20 days upon receipt of the materials about the appointment of any notary submitted by the judicial administrative department of the province, autonomous region, or municipality directly under the Central Government, work out and deliver the decision on appointment of the notary. If the Ministry of Justice deems that there is any doubt in the materials for appointment or receives any relevant complaint or tip-off, it can require the organ that makes the appointment to conduct a new examination. Article 14. The judicial administrative department of the province, autonomous region, or municipality directly under the Central Government shall, within 10 days upon receipt of the decision on appointment of the notary as delivered by the Ministry of Justice, issue a notary's practice certificate to the applicant, and notify it to the local judicial administrative department in written form. Article 15. If a notary wants to change his practice institution, he shall obtain the consent of the notarization institution where he works and the notarization institution that plans to hire him, and shall, after reporting it to the local judicial administrative department for approval, report it to the judicial administrative department of the province, autonomous region, or municipality directly under the Central Government for going through the alteration formalities. If a notary moves to a practicing institution in any other province, autonomous region, or municipality directly under the Central Government, the notarization institution that plans to hire him shall go through the formalities for alteration examination and approval at the local judicial administrative department of the province, autonomous region, or municipality directly under the Central Government after it is approved by the judicial administrative department of the province, autonomous region, or municipality directly under the Central Government. Article 16. If a notary is under any of the following circumstances, the local judicial administrative department shall, within 30 days as of the day when the aforesaid circumstance occurs, report it to the judicial administrative department of the province, autonomous region, or municipality directly under the Central Government, and ask the Ministry of Justice to dismiss him: (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 reasons; or (3) He has resigned from the post of notary on his own initiative. If the practice certificate of a notary is revoked, the judicial administrative department of the province, autonomous region, or municipality directly under the Central Government may directly apply to the Ministry of Justice for the dismissal of him. The examination form for the dismissal of a notary and the relevant certification materials about the legality of dismissal shall be submitted. The Ministry of Justice shall work out and deliver the decision on dismissing the notary within 20 days upon receipt of the materials about the dismissal. Article 17. As to the notaries that are reported to the Ministry of Justice for appointment, dismissal or alteration of their practicing institutions, the judicial administrative department of the province, autonomous region, or municipality directly under the Central Government shall make an announcement on a provincial newspaper or periodical within 20 days upon receipt of the decision on the appointment or dismissal or on the approval of alteration. The Ministry of Justice shall regularly announce the notaries to be appointed or dismissed upon the strength of its decision on the national newspapers or periodicals, and shall regularly formulate the directory of notaries across the country. CHAPTER IV ADMINISTRATION OF THE PRACTICE CERTIFICATES OF NOTARIES PUBLIC Article 18. The practice certificates of notaries public are the valid certificates for the notaries to engage in the notarization practice in notarization institutions after going through statutory appointment procedures. The practice certificates of notaries shall be uniformly made by the Ministry of Justice, and the measures for the serial numbers of certificates shall be formulated by the Ministry of Justice. Article 19. The practice certificates of notaries shall be held and used by the notaries themselves, and shall not be altered, mortgaged, lent or transferred. In case the practice certificate of any notary is destroyed or lost, the notary himself shall file an application to, and the notarization institution where he works shall provide a certification to, the local judicial administrative department, and the local judicial administrative department shall report it to the judicial administrative department of the province, autonomous region, or municipality directly under the Central Government for reissuing one. In case the practice certificate is lost, the notarization institution shall declare the invalidation thereof on a provincial newspaper or periodical. Article 20. Where a notary changes his practice institution, his practice certificate shall be re-issued upon verification of the judicial administrative department of the province, autonomous region, or municipality directly under the Central Government. In case a notary is subject to the punishment of practice suspension, he shall turn over his practice certificate to the local judicial administrative department during the course of practice suspension. In case a notary is dismissed due to the punishment of revoking his practice certificate or any other statutory cause, his practice certificate shall be turned over, and be written off by the judicial administrative department of the province, autonomous region, or municipality directly under the Central Government. CHAPTER V SUPERVISION AND CHECK OF THE PRACTICES OF NOTARIES PUBLIC Article 21. The judicial administrative department shall establish and improve the administrative supervision and management system, and the notaries' association shall establish and improve the self-disciplinary system according to its articles of association, strengthen the supervision over the practice of notaries and maintain the practicing rights of the notaries. Article 22. A notarization institution shall establish and improve the various internal management systems according to the provisions, and supervise over the practices of its notaries and set up a responsibility system for wrongful practices and an annual assessment system of the practice of its notaries. The notarization institution shall provide convenience and conditions for the practice of its notaries and ensure that they can enjoy their lawful rights and interests during the course of employment. Article 23. The notaries shall perform their notarization duties and shall not: (1) concurrently work for 2 or more notarization institutions; (2) assume other paid jobs; (3) conduct the notarization for his close relative or conduct the notarization in which he or his close relative has an interest; (4) privately issue any notarization certificate; (5) issue a notarization certificate on any untrue or unlawful matter; (6) embezzle or misappropriate any notarization fees, or encroach upon or steal any articles used for the exclusive purpose of notarization; (7) destroy or fraudulently alter any notarization document or archive file; (8) divulge any state secret, commercial secret or personal privacy he has access to in his practice; or (9) commit any other act as prohibited by any law or regulation, or provisions of the Ministry of Justice. Article 24. A notarization institution shall conduct, in the first month every year, an annual assessment of the handling of the notarization business and the observance of professional ethics and disciplines by its notaries for the previous year. The assessment results shall be notified to the notaries in written form and be reported to the local judicial administrative department for archival filing. The conditions on the duty performance of the principals of the notarization institutions shall be assessed by the local judicial administrative department, and the assessment results shall be notified to the principals of notarization institutions in written form and be reported to the judicial administrative department at the next higher level for archival filing. As to the remarkable problems in the practice of the notaries that are found in the annual assessment, the notarization institution shall order the notaries to make corrections; as to the protruding problems in the management of the principals of the notarization institutions, the local judicial administrative department shall order the principals to make corrections. Article 25. Where any notary or principal of a notarization institution is complained or tipped off, or has unfavorable records in his practice, or is found to have serious problems upon annual assessment, the local judicial administrative department shall carry out key supervision over and guidance to him. In respect to the notaries or the principals of the notarization institutions that are found to have remarkable problems upon annual assessment, the municipal judicial administrative department at their locality or of the districted municipality shall organize specialized study and trainings. Article 26. The judicial administrative department may, when conducting supervision and check, inspect the conditions of notarization businesses handled by the notaries, and require the notaries and their notarization institutions to make relevant explanations, investigate and read the relevant materials and notarization files, and investigate the relevant entities and persons and verify the relevant information. No notary or his notarization institution may refuse the supervision and check of the judicial administrative department, nor may he or it falsely report, hide, forge or destroy the relevant proofs or materials. Article 27. Notaries shall accept the professional trainings organized and provided by the judicial administrative department and the notaries' association, and shall accept 40 or more classroom hours of professional trainings every year. The judicial administrative department shall formulate the plans and schemes for the professional trainings of notaries, and the notaries' association shall formulate specific implementation plans on the yearly basis and take charge of the organization and implementation thereof. A notarization institution shall provide the necessary conditions and guarantees for its notaries to participate in the professional trainings. Article 28. The judicial administrative department at the place where the notaries practice shall set up the practice files of notaries, and record down the appointment verification of notaries, their annual assessment results, supervision and check as well as the awards and punishments into the practice files. In case any notary changes his practice institution between two different regions, provinces, autonomous regions, or municipalities directly under the Central Government, the local judicial administrative department at the place where he originally practices shall transfer his practice files to the counterpart at the place where he plans to practice. CHAPTER VI LEGAL LIABILITIES Article 29. In case any notary commits any act as mentioned in Article 41 or 42 of the Notarization Law, the judicial administrative department of the province, autonomous region, municipality directly under the Central Government or the districted municipality shall impose a punishment on him according to the provisions in the Notarization Law. If a notary is under any circumstance where his practice certificate shall be written off, the local judicial administrative department shall report it to the judicial administrative department of the province, autonomous region, or municipality directly under the Central Government level by level for decision. Article 30. The judicial administrative department shall impose administrative sanctions upon the notaries according to the relevant laws, regulations and the relevant administrative punishment procedures of the Ministry of Justice. The judicial administrative department may, when investigating and handling the illegal acts of notaries, entrust the notaries' association to investigate into and verify the illegal acts of the notaries. Article 31. The judicial administrative department shall, before making an administrative punishment decision, inform the facts about illegal acts as found, the reasons and basis for the punishment as well as the right that the notaries can enjoy. If it informs the aforesaid matters orally, it shall make notes, and the notary has the right to make statements and defenses and file an application for hearing. If any notary refuses to accept the administrative punishment decision, he may apply for an administrative reconsideration or file an administrative lawsuit. Article 32. The notaries' association shall, according to its articles of association and the relevant industrial criteria, impose corresponding punishments upon the notaries for their violation of professional ethics or disciplines in light of the severity of their circumstances. In case the notaries' association finds that there is any circumstance where an administrative punishment shall be imposed according to the Notarization Law when it investigates into any notary for his violation of professional ethics or disciplines, it shall submit it to the competent judicial administrative department for handling. Article 33. In case a notary causes losses to any party concerned or any interested person to the relevant notarization affair due to his fault, the notarization institution shall be subject to the relevant liabilities of compensation. After the notarization institution makes compensation, it may recourse the compensations against the notary who caused the loss intentionally or due to grave negligence. Article 34. In case it is found upon investigation that the appointment or the practice certificate of a notary is obtained by frauds, bribery or any other unjustifiable means, the judicial administrative department of the province, autonomous region, or municipality directly under the Central Government shall apply to the Ministry of Justice for canceling to the original appointment decision and revoke and write off his practice certificate. Article 35. Where any judicial administrative organ or any of its functionaries abuses its/his power, neglects its/his duty, practices favoritism or intervenes with the lawful practice of the notaries during the appointment of notaries, administration of the practice certificates of notaries as well as the supervision and check of the practice of notaries, the relevant liable persons shall be subject to administrative liabilities. Where any crime is constituted, the violator shall be subject to criminal liabilities according to law. CHAPTER VII SUPPLEMENTARY PROVISIONS Article 36. The notary employment scheme shall be formulated and verified in light of the overall development plans and requirements of the Ministry of Justice on the notaries industry, the set-up and arrangements of local notarization institutions, the arrangements on the division of practicing regions of notarization, the overall demands of notaries business and the regional distribution, the local economic and social development and population status as well as the annual amount and ability of the notaries businesses handled by the notaries, and can be adjusted in light of the local situation and the alteration of notarization demands. Article 37. The specific measures for the annual assessment of the practice of notaries shall be formulated by the judicial administrative department of the province, autonomous region, or municipality directly under the Central Government. The assessment measures shall include the principles, contents, grades and standards, procedures and time arrangements for assessment. Article 38. In case any person has already worked as a notary before the implementation of the Notarization Law and these Measures, his position shall continue to be valid, and he shall be governed by the Notarization Law and these Measures. Article 39. The "local judicial administrative department at the place where the notary practices" as mentioned in these Measures refers to the judicial administrative department that is responsible for organizing the set-up of the notarization institution where the notary works and assumes the daily monitoring and guidance of the notarization institution and its notaries. Article 40. The power to interpret these Measures shall remain with the Ministry of Justice. Article 41. These Measures shall come into force as of the date of promulgation. The Measures for the Registration Administration of Notaries Public of the People's Republic of China promulgated on June 2, 1995 by the Order No. 39 of the Ministry of Justice shall be simultaneously repealed. |
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