Rules on Notarization Procedures (Revised in 2020)
Rules on Notarization Procedures (Revised in 2020)
Rules on Notarization Procedures (Revised in 2020)
Order of the Ministry of Justice of the People's Republic of China No. 145
October 20, 2020
(Issued as Order of the Ministry of Justice No. 103 on May 18, 2006 and amended as Order of the Ministry of Justice No. 145 on October 20, 2020)
Chapter I General Provisions
Article 1 These Rules are formulated in accordance with the Notarization Law of the People's Republic of China (hereinafter referred to as the "Notarization Law") and pertinent laws and administrative regulations with a view to regulating notarization procedures and ensuring notarization quality.
Article 2 A notarial institution shall, when handling notarial affairs, comply with the law, adhere to the principles of objectiveness, impartiality and convenience for the public, and abide by notarial practice standards and practice discipline. (Related article: one article of laws and regulations)
Article 3 A notarial institution shall, in accordance with the law, independently exercise the function of notarization and assume civil liability subject to neither illegal interference of any entity or individual nor infringement of its legitimate rights and interests.
Article 4 A notarial institution shall, in accordance with the Notarization Law, accept applications for notarization, handle notarial affairs, and issue notarial certificates in its own name.
Article 5 A notary assigned by a notarial institution shall handle notarial affairs in line with procedures prescribed in the Notarization Law and these Rules, and affix its name to notarial certificates issued.
In accordance with the Notarization Law and these Rules, no matter to be handled by a notary in person as required in the process of handling notarization may be handled by any other assigned work personnel of the notarial institution.
Article 6 No notarial institution along with its notaries may, when handling notarization, commit any of the acts prohibited by Article 13 and Article 23 of the Notarization Law.
None of the other work personnel of the notarial institution and relevant personnel accessing notarial affairs under these Rules may disclose any state secret, trade secret or personal privacy acquired during its participation in notarial activities.
Article 7 A notarial institution shall establish and improve its notarial affairs management system and notarization quality management system, and supervise notaries' practice conduct.
Article 8 Judicial administrative authorities shall, in accordance with the Notarization Law and these Rules, supervise and guide the practice activities of notarial institutions and notaries as well as their compliance with procedural rules.
Notary associations shall, in accordance with their articles of association and industry standards, supervise the practice activities of notarial institutions and notaries as well as their compliance with procedural rules.
Chapter II Notarial Party
Article 9 A notarial party refers to a natural person, legal person or other organization that has an interest in any notarial matter, files an application for notarization with a notarial institution in its own name and enjoys rights and assumes obligations in notarial activities.
Article 10 A person with or without limited capacity for civil conduct applying for notarization shall be represented by its guardian.
A legal person applying for notarization shall be represented by its legal representative.
Any other organization applying for notarization shall be represented by its principal.
Article 11 A party concerned may entrust another person to apply for notarization on its behalf. Notwithstanding this, the handling of notarial matters concerning wills, bequests and maintenance agreements, gifts, parent-child claims, adoption relationships, termination of adoption relationship, living conditions, entrustment, declaration, guarantee, etc., that are closely related to a natural person personally shall be applied for by the party concerned in person.
No notary or other work personnel of a notarial institution may apply for notarization to the notarial institution on behalf of any party concerned.
Article 12 Where a party concerned residing in Hong Kong, Macao or Taiwan entrusts another person to apply for any important notarial matter involving inheritance, disposition of property rights and interests, or alteration of a personal relation, its power of attorney shall be notarized by a notary (notarial institution) at the place of its residence or certified by an institution or personnel designated by the Ministry of Justice.
Where a party concerned residing abroad entrusts another person to apply for any of the important notarial matters specified in the preceding paragraph, its power of attorney shall be notarized by a notary (notarial institution) or Chinese embassy (consulate) at the place of its residence.
Chapter III Notarial Practice Area
Article 13 Notarial practice area refers to the geographical scope for a notarial institution to accept notarial affairs as delineated by the judicial administrative authority of the relevant province, autonomous region or municipality directly under the Central Government in accordance with Article 25 of the Notarization Law and Article 10 of the Administrative Measures for the Practice of Notarial Institutions as well as the plan for establishing local notarial institutions.
The practice area of a notarial institution shall be determined upon verification by the judicial administrative authority of the relevant province, autonomous region or municipality directly under the Central Government when approving the establishment or alteration of the notarial institution.
A notarial institution shall accept notarial affairs within the practice area determined upon verification.
Article 14 A notarial matter shall be accepted by the notarial institution at the place of domicile or habitual residence of the party concerned, or place of conduct or fact.
A notarial matter involving immovable property shall be accepted by the notarial institution at the place where the immovable property is located; and in terms of those concerning entrustment, declaration, gifts or wills involving immovable property, the preceding paragraph may apply.
Article 15 Where two or more parties concerned jointly apply for the same notarial matter, they may jointly file an application for handling thereof with the notarial institution at the place of conduct or fact or place of domicile or habitual residence of any party concerned.
Article 16 Where a party concerned files an application with two or more notarial institutions that can accept the relevant notarial matter, it shall be handled by the one which first accepts the application.
Chapter IV Application and Acceptance
Article 17 A natural person, a legal person or any other organization applying for the handling of notarization to a notarial institution shall fill in a form of application for notarization, which shall set forth the following contents:
1. basic information of the applicant and its agent;
2. matter under application for notarization and use of a notarial certificate;
3. name of instrument under application for notarization;
4. name and number of copies of supporting documents submitted and name, domicile and contact information of relevant witnesses;
5. date of application; and
6. other information required to be stated.
An applicant shall affix its signature or seal or otherwise fingerprint to the application form.
Article 18 A natural person, a legal person or any other organization applying for the handling of notarization shall submit the following materials:
1. identification of the natural person, qualification certificate of the legal person and identification of its legal representative, or qualification certificate of such other organization and identification of its principal;
2. if another person is entrusted with the application on its behalf, the agent shall submit a power of attorney issued by the party concerned, and the legal representative or any other agent shall submit proof of the power of agency;
3. instruments under application for notarization;
4. supporting materials on the matter under application for notarization, along with proof of the relevant property rights where a property relation is involved; and
5. other materials in relation to the matter under application for notarization.
Where a notarial institution can access the supporting materials to be submitted by an applicant as provided for in Item 4 and Item 5 of the preceding paragraph through the sharing of government information resources, the party concerned may be exempted from submission thereof, provided that it makes a written commitment to the authenticity and legitimacy of relevant information as required.
Article 19 An application which meets the following conditions may be accepted by a notarial institution:
1. the applicant has an interest in the matter under application for notarization;
2. there is no dispute between the applicants over the matter under application for notarization;
3. the matter under application for notarization complies with the scope prescribed in Article 11 of the Notarization Law; and
4. the matter under application for notarization complies with Article 25 of the Notarization Law and the scope of notarial affairs that the notarial institution can accept within its practice area.
A matter to be notarized as required by laws and administrative regulations shall, if it meets the conditions prescribed in Item 1, Item 2 and Item 4 of the preceding paragraph, be accepted by the pertinent notarial institution.
A notarial institution shall refuse to accept any application which fails to meet the conditions prescribed in Paragraph 1 and Paragraph 2 of this article, and notify the relevant applicant thereof. In the case of refusal to accept any matter due to failure to meet Item 4 of Paragraph 1 of this article, the relevant applicant shall be informed to apply to another notarial institution that can accept such notarial matter.
Article 20 After accepting an application for notarization, a notarial institution shall assign a notary to undertake the work and notify the party concerned thereof. If the party concerned applies for withdrawal of such notary, and upon investigation, if it falls into any of the circumstances for withdrawal as provided for in Item 3, Article 23 of the Notarization Law, the notarial institution shall re-assign another notary to undertake the work.
Article 21 A notarial institution shall, after accepting an application for notarization, inform the party concerned of the legal significance and possible legal consequences of the matter under application for notarization, and of the rights to be enjoyed and obligations to be assumed in the process of notarization. The content being provided as well as the informing manner and time shall be recorded and archived with the signature of the applicant or its agent affixed thereto.
A notarial institution shall, after accepting an application for notarization, enter the notarization handling information into the national notarization management system, strengthen the management of the notarization handling process, and facilitate the inquiry by the party concerned.
Article 22 A notarial institution shall, after accepting an application for notarization, charge the party concerned a notarization fee in accordance with relevant provisions. After the conclusion of the notarization, if the notarization fee determined upon verification is inconsistent with the amount charged in advance, the notarial institution is required to go through the formalities for refunding or supplementary fee-charging.
A notarial institution shall, in terms of the parties concerned eligible for legal aid, reduce or exempt the applicant from the notarization fee in accordance with relevant provisions.
Chapter V Examination
Article 23 A notarial institution shall, after accepting an application for notarization, examine the following items separately in accordance with the notarization-handling rules for different notarial matters:
1. number and identity of the parties concerned, qualification for application for such notarization and corresponding rights;
2. whether the declaration of intention of each party concerned is authentic;
3. whether the contents of instruments under an application for notarization are all ready, whether the meaning is distinct, and whether the signature and seal are complete;
4. whether the supporting materials provided are authentic, legitimate and sufficient; and
5. whether the matter under application for notarization is authentic and legitimate.
Article 24 A party concerned shall faithfully state relevant information on the matter under application for notarization to the pertinent notarial institution, and the supporting materials submitted thereby shall be authentic, legitimate and sufficient.
Where, during examination, the notarial institution has doubts about the authenticity or legitimacy of the matter under application for notarization and identifies that the information stated or supporting materials provided by the party concerned are insufficient, incomplete or dubious, it may require the party concerned to provide an explanation or supplement the application with supporting materials.
If the party concerned refuses to provide an explanation on relevant information or to supplement the application with supporting materials, the case shall be subject to Article 48 hereof.
Article 25 Where, during examination, a notarial institution is required to verify in accordance with relevant notarization-handling rules the matter under application for notarization or supporting materials provided by the party concerned or has any doubt about the identity of a party concerned, it shall carry out verification or commission a non-local notarial institution to carry out verification thereof. Relevant entities or individuals shall legally provide assistance therein.
To examine a natural person's identity, it is a requirement to adopt such methods as using identification and verification equipment, which shall be recorded and attached to the file.
Article 26 A notarial institution shall, during examination, inquire of a party concerned about relevant information, elaborate legal risks, put forward legal opinions and suggestions, and answer the questions of the party concerned; and in the case of any major or complex circumstance as identified, it shall carry out collective discussion thereon.
Article 27 A notarial institution may adopt the following methods to verify relevant information on any notarial matter and supporting materials:
1. carry out verification through inquiring of the party concerned or interested parties in the notarial matter;
2. carry out verification through inquiring of witnesses;
3. access relevant information or verify or collect supporting materials such as relevant documentary evidence, physical evidence and audio-visual materials through inquiring of relevant entities or individuals;
4. carry out verification through conducting on-site inquisition; and
5. entrust professional institutions or professional personnel to conduct appraisal, inspection and testing as well as translation.
Article 28 A notarial institution shall, when carrying out verification, abide by pertinent laws and regulations as well as relevant notarization-handling rules.
Where a notarial institution assigns personnel to carry out verification, the verification shall be performed by two persons, except for verification and collection of documentary evidence. If only one person carries out verification under special circumstances, there shall be a witness present.
Article 29 When accessing or verifying relevant information on any notarial matter and supporting materials by means of inquiry of the party concerned, interested parties in the notarial matter or relevant witnesses, it is a requirement to inform each person being inquired of of its rights to be enjoyed and obligations to be assumed as well as legal liability.
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Order of the Ministry of Justice of the People's Republic of China No. 145
October 20, 2020
(Issued as Order of the Ministry of Justice No. 103 on May 18, 2006 and amended as Order of the Ministry of Justice No. 145 on October 20, 2020)
Chapter I General Provisions
Article 1 These Rules are formulated in accordance with the Notarization Law of the People's Republic of China (hereinafter referred to as the "Notarization Law") and pertinent laws and administrative regulations with a view to regulating notarization procedures and ensuring notarization quality.
Article 2 A notarial institution shall, when handling notarial affairs, comply with the law, adhere to the principles of objectiveness, impartiality and convenience for the public, and abide by notarial practice standards and practice discipline. (Related article: one article of laws and regulations)
Article 3 A notarial institution shall, in accordance with the law, independently exercise the function of notarization and assume civil liability subject to neither illegal interference of any entity or individual nor infringement of its legitimate rights and interests.
Article 4 A notarial institution shall, in accordance with the Notarization Law, accept applications for notarization, handle notarial affairs, and issue notarial certificates in its own name.
Article 5 A notary assigned by a notarial institution shall handle notarial affairs in line with procedures prescribed in the Notarization Law and these Rules, and affix its name to notarial certificates issued.
In accordance with the Notarization Law and these Rules, no matter to be handled by a notary in person as required in the process of handling notarization may be handled by any other assigned work personnel of the notarial institution.
Article 6 No notarial institution along with its notaries may, when handling notarization, commit any of the acts prohibited by Article 13 and Article 23 of the Notarization Law.
None of the other work personnel of the notarial institution and relevant personnel accessing notarial affairs under these Rules may disclose any state secret, trade secret or personal privacy acquired during its participation in notarial activities.
Article 7 A notarial institution shall establish and improve its notarial affairs management system and notarization quality management system, and supervise notaries' practice conduct.
Article 8 Judicial administrative authorities shall, in accordance with the Notarization Law and these Rules, supervise and guide the practice activities of notarial institutions and notaries as well as their compliance with procedural rules.
Notary associations shall, in accordance with their articles of association and industry standards, supervise the practice activities of notarial institutions and notaries as well as their compliance with procedural rules.
Chapter II Notarial Party
Article 9 A notarial party refers to a natural person, legal person or other organization that has an interest in any notarial matter, files an application for notarization with a notarial institution in its own name and enjoys rights and assumes obligations in notarial activities.
Article 10 A person with or without limited capacity for civil conduct applying for notarization shall be represented by its guardian.
A legal person applying for notarization shall be represented by its legal representative.
Any other organization applying for notarization shall be represented by its principal.
Article 11 A party concerned may entrust another person to apply for notarization on its behalf. Notwithstanding this, the handling of notarial matters concerning wills, bequests and maintenance agreements, gifts, parent-child claims, adoption relationships, termination of adoption relationship, living conditions, entrustment, declaration, guarantee, etc., that are closely related to a natural person personally shall be applied for by the party concerned in person.
No notary or other work personnel of a notarial institution may apply for notarization to the notarial institution on behalf of any party concerned.
Article 12 Where a party concerned residing in Hong Kong, Macao or Taiwan entrusts another person to apply for any important notarial matter involving inheritance, disposition of property rights and interests, or alteration of a personal relation, its power of attorney shall be notarized by a notary (notarial institution) at the place of its residence or certified by an institution or personnel designated by the Ministry of Justice.
Where a party concerned residing abroad entrusts another person to apply for any of the important notarial matters specified in the preceding paragraph, its power of attorney shall be notarized by a notary (notarial institution) or Chinese embassy (consulate) at the place of its residence.
Chapter III Notarial Practice Area
Article 13 Notarial practice area refers to the geographical scope for a notarial institution to accept notarial affairs as delineated by the judicial administrative authority of the relevant province, autonomous region or municipality directly under the Central Government in accordance with Article 25 of the Notarization Law and Article 10 of the Administrative Measures for the Practice of Notarial Institutions as well as the plan for establishing local notarial institutions.
The practice area of a notarial institution shall be determined upon verification by the judicial administrative authority of the relevant province, autonomous region or municipality directly under the Central Government when approving the establishment or alteration of the notarial institution.
A notarial institution shall accept notarial affairs within the practice area determined upon verification.
Article 14 A notarial matter shall be accepted by the notarial institution at the place of domicile or habitual residence of the party concerned, or place of conduct or fact.
A notarial matter involving immovable property shall be accepted by the notarial institution at the place where the immovable property is located; and in terms of those concerning entrustment, declaration, gifts or wills involving immovable property, the preceding paragraph may apply.
Article 15 Where two or more parties concerned jointly apply for the same notarial matter, they may jointly file an application for handling thereof with the notarial institution at the place of conduct or fact or place of domicile or habitual residence of any party concerned.
Article 16 Where a party concerned files an application with two or more notarial institutions that can accept the relevant notarial matter, it shall be handled by the one which first accepts the application.
Chapter IV Application and Acceptance
Article 17 A natural person, a legal person or any other organization applying for the handling of notarization to a notarial institution shall fill in a form of application for notarization, which shall set forth the following contents:
1. basic information of the applicant and its agent;
2. matter under application for notarization and use of a notarial certificate;
3. name of instrument under application for notarization;
4. name and number of copies of supporting documents submitted and name, domicile and contact information of relevant witnesses;
5. date of application; and
6. other information required to be stated.
An applicant shall affix its signature or seal or otherwise fingerprint to the application form.
Article 18 A natural person, a legal person or any other organization applying for the handling of notarization shall submit the following materials:
1. identification of the natural person, qualification certificate of the legal person and identification of its legal representative, or qualification certificate of such other organization and identification of its principal;
2. if another person is entrusted with the application on its behalf, the agent shall submit a power of attorney issued by the party concerned, and the legal representative or any other agent shall submit proof of the power of agency;
3. instruments under application for notarization;
4. supporting materials on the matter under application for notarization, along with proof of the relevant property rights where a property relation is involved; and
5. other materials in relation to the matter under application for notarization.
Where a notarial institution can access the supporting materials to be submitted by an applicant as provided for in Item 4 and Item 5 of the preceding paragraph through the sharing of government information resources, the party concerned may be exempted from submission thereof, provided that it makes a written commitment to the authenticity and legitimacy of relevant information as required.
Article 19 An application which meets the following conditions may be accepted by a notarial institution:
1. the applicant has an interest in the matter under application for notarization;
2. there is no dispute between the applicants over the matter under application for notarization;
3. the matter under application for notarization complies with the scope prescribed in Article 11 of the Notarization Law; and
4. the matter under application for notarization complies with Article 25 of the Notarization Law and the scope of notarial affairs that the notarial institution can accept within its practice area.
A matter to be notarized as required by laws and administrative regulations shall, if it meets the conditions prescribed in Item 1, Item 2 and Item 4 of the preceding paragraph, be accepted by the pertinent notarial institution.
A notarial institution shall refuse to accept any application which fails to meet the conditions prescribed in Paragraph 1 and Paragraph 2 of this article, and notify the relevant applicant thereof. In the case of refusal to accept any matter due to failure to meet Item 4 of Paragraph 1 of this article, the relevant applicant shall be informed to apply to another notarial institution that can accept such notarial matter.
Article 20 After accepting an application for notarization, a notarial institution shall assign a notary to undertake the work and notify the party concerned thereof. If the party concerned applies for withdrawal of such notary, and upon investigation, if it falls into any of the circumstances for withdrawal as provided for in Item 3, Article 23 of the Notarization Law, the notarial institution shall re-assign another notary to undertake the work.
Article 21 A notarial institution shall, after accepting an application for notarization, inform the party concerned of the legal significance and possible legal consequences of the matter under application for notarization, and of the rights to be enjoyed and obligations to be assumed in the process of notarization. The content being provided as well as the informing manner and time shall be recorded and archived with the signature of the applicant or its agent affixed thereto.
A notarial institution shall, after accepting an application for notarization, enter the notarization handling information into the national notarization management system, strengthen the management of the notarization handling process, and facilitate the inquiry by the party concerned.
Article 22 A notarial institution shall, after accepting an application for notarization, charge the party concerned a notarization fee in accordance with relevant provisions. After the conclusion of the notarization, if the notarization fee determined upon verification is inconsistent with the amount charged in advance, the notarial institution is required to go through the formalities for refunding or supplementary fee-charging.
A notarial institution shall, in terms of the parties concerned eligible for legal aid, reduce or exempt the applicant from the notarization fee in accordance with relevant provisions.
Chapter V Examination
Article 23 A notarial institution shall, after accepting an application for notarization, examine the following items separately in accordance with the notarization-handling rules for different notarial matters:
1. number and identity of the parties concerned, qualification for application for such notarization and corresponding rights;
2. whether the declaration of intention of each party concerned is authentic;
3. whether the contents of instruments under an application for notarization are all ready, whether the meaning is distinct, and whether the signature and seal are complete;
4. whether the supporting materials provided are authentic, legitimate and sufficient; and
5. whether the matter under application for notarization is authentic and legitimate.
Article 24 A party concerned shall faithfully state relevant information on the matter under application for notarization to the pertinent notarial institution, and the supporting materials submitted thereby shall be authentic, legitimate and sufficient.
Where, during examination, the notarial institution has doubts about the authenticity or legitimacy of the matter under application for notarization and identifies that the information stated or supporting materials provided by the party concerned are insufficient, incomplete or dubious, it may require the party concerned to provide an explanation or supplement the application with supporting materials.
If the party concerned refuses to provide an explanation on relevant information or to supplement the application with supporting materials, the case shall be subject to Article 48 hereof.
Article 25 Where, during examination, a notarial institution is required to verify in accordance with relevant notarization-handling rules the matter under application for notarization or supporting materials provided by the party concerned or has any doubt about the identity of a party concerned, it shall carry out verification or commission a non-local notarial institution to carry out verification thereof. Relevant entities or individuals shall legally provide assistance therein.
To examine a natural person's identity, it is a requirement to adopt such methods as using identification and verification equipment, which shall be recorded and attached to the file.
Article 26 A notarial institution shall, during examination, inquire of a party concerned about relevant information, elaborate legal risks, put forward legal opinions and suggestions, and answer the questions of the party concerned; and in the case of any major or complex circumstance as identified, it shall carry out collective discussion thereon.
Article 27 A notarial institution may adopt the following methods to verify relevant information on any notarial matter and supporting materials:
1. carry out verification through inquiring of the party concerned or interested parties in the notarial matter;
2. carry out verification through inquiring of witnesses;
3. access relevant information or verify or collect supporting materials such as relevant documentary evidence, physical evidence and audio-visual materials through inquiring of relevant entities or individuals;
4. carry out verification through conducting on-site inquisition; and
5. entrust professional institutions or professional personnel to conduct appraisal, inspection and testing as well as translation.
Article 28 A notarial institution shall, when carrying out verification, abide by pertinent laws and regulations as well as relevant notarization-handling rules.
Where a notarial institution assigns personnel to carry out verification, the verification shall be performed by two persons, except for verification and collection of documentary evidence. If only one person carries out verification under special circumstances, there shall be a witness present.
Article 29 When accessing or verifying relevant information on any notarial matter and supporting materials by means of inquiry of the party concerned, interested parties in the notarial matter or relevant witnesses, it is a requirement to inform each person being inquired of of its rights to be enjoyed and obligations to be assumed as well as legal liability.
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