Administrative Measures for the Registration of Judicial Authentication Institutions
Administrative Measures for the Registration of Judicial Authentication Institutions
Administrative Measures for the Registration of Judicial Authentication Institutions
Order of the Ministry of Justice [2005] No. 95
September 29, 2005
In accordance with Article 16 of the Decision of the Standing Committee of the National People's Congress on Issues Concerning the Administration of Judicial Authentication, the Measures for the Administration of Registration of Judicial Authentication Institutions have been approved by the State Council and shall come into effect as of September 30, 2005. The Administrative Measures for the Registration of Judicial Authentication Institutions issued on August 14, 2000 (Order of Ministry of Justice No. 62) shall be repealed simultaneously.
Minister Wu Aiying
Attached: Administrative Measures for the Registration of Judicial Authentication Institutions
Chapter I General Provisions
Article 1 In order to strengthen the administration over judicial authentication institutions, regulate judicial authentication activities, establish a unified administration system, satisfy the litigation needs of judicial authorities, citizens and institutions, ensure the litigation rights of the interested parties, and improve the impartiality and efficiency of justice, these Measures are hereby formulated in accordance with the Decision of the Standing Committee of the National People's Congress on Issues Concerning the Administration of Judicial Authentication and other related laws and regulations.
Article 2 These Measures apply to judicial authentication institutions which engage in judicial authentication business stipulated in Article 2 of the Decision of the Standing Committee of the National People's Congress on Issues Concerning the Administration of Judicial Authentication.
Article 3 For the purpose of these Measures, the judicial authentication institutions refer to legal persons or other institutions which engage in the judicial authentication business stipulated in the Decision of the Standing Committee of the National People's Congress on Issues Concerning the Administration of Judicial Authentication.
As the practicing institutions of judicial authenticators, judicial authentication institutions shall satisfy the conditions stipulated in these Measures, obtain the Judicial Authentication License after the examination, approval and registration by the judicial administrative authorities of the province level, and then carry out judicial authentication activities within the scope of business registered.
Article 4 The judicial accreditation administration shall follow the joint administration system integrating administrative administration and industry administration.
The judicial administrative authorities shall, according to law, carry out guidance, administration, supervision and inspection of judicial authentication institutions and the judicial accreditation activities thereof. The judicial accreditation industry association shall carry out self-regulation according to law.
Article 5 China adopts a unified system for registration, beadroll filing and beadroll announcement of the judicial authentication institutions and judicial authenticators.
Article 6 The development of the judicial authentication institutions shall satisfy the requirements of overall planning, reasonable layout, optimized structure and orderly development.
Article 7 The judicial authentication institutions shall comply with the principle of lawfulness, neutrality, standardization and promptness while carrying out judicial authentication activities.
Article 8 The judicial authentication institutions shall accept entrustments in a unified manner, organize judicial authenticators affiliated to carry out judicial authentication activities, comply with the laws, regulations and related systems, as well as the unified implementing procedure, technical standard and technical operating criterion.
Chapter II Competent Authorities
Article 9 The Ministry of Justice shall take charge of the registration and administration of judicial authentication institutions nationwide, and perform the following duties in accordance with the law:
1. Establishing the nationwide development plan for judicial authentication and instructing the implementation thereof;
2. Instructing and supervising judicial administrative authorities in registration, beadroll filing and beadroll announcement of judicial authentication institutions;
3. Establishing the nationwide unified qualification assessment system and quality management assessment system for judicial authentication institutions and instructing the implementation thereof;
4.
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