(Translation for Reference Only)
(Adopted at the 33rd Meeting of the Standing Committee of the Second People's Congress of Shenzhen Municipality on June 30, 1999; amended for the first time in accordance with the Decision on Revising the Regulations of Shenzhen Special Economic Zone on Notarization adopted at the 11th Meeting of the Standing Committee of the Third People's Congress of Shenzhen Municipality on October 17, 2001; amended for the second time in accordance with the Decision on Revising the Regulations of Shenzhen Special Economic Zone on Notarization adopted at the 16th Meeting of the Standing Committee of the Sixth People's Congress of Shenzhen Municipality on April 27, 2017; amended for the third time in accordance with the Decision on Revising 27 Regulations Including the Regulations of Shenzhen Special Economic Zone on Medical Treatment adopted at the 33rd Meeting of the Standing Committee of the Sixth People's Congress of Shenzhen Municipality on April 24, 2019; and amended for the fourth time in accordance with the Decision on Revising 12 Regulations Including the Regulations of Shenzhen Special Economic Zone on Certified Public Accountants adopted at the 28th Meeting of the Standing Committee of the Seventh People's Congress of Shenzhen Municipality on April 30, 2024)
Chapter Ⅰ General Provisions
Article 1 In order to standardize notarial acts, to prevent and reduce disputes, and protect the state's interests and lawful rights and interests of citizens, legal persons and other organizations, the Regulations of Shenzhen Special Economic Zone on Notarization (hereinafter referred to as “these Regulations”) are formulated in accordance with the basic principles of the relevant laws and regulations and the actual conditions of Shenzhen Special Economic Zone (hereinafter referred to as “Zone”).
Article 2 “Notarization” in these Regulations means the acts by which the notary office proves the truth and legality of legal acts, matters and documents according to law.
Article 3 “Notary office” is the special certification institution that uniformly exercises the national certification rights according to law.
Article 4 The notary office shall maintain confidentiality of the parties when dealing with notarization affairs.
A notary shall respect the facts and comply with national laws and professional discipline when practicing.
Article 5 The municipal judicial administrative department takes charge of the notarial work of Zone. The judicial administrative department of each district takes charge of the notarial work in the district.
The municipal notarial association is a social organization that is registered and established according to law and assists the municipal judicial administrative department to administrate the notarial industry.
The municipal judicial administrative department guides and supervises the work of the notarial association.
Chapter Ⅱ Notary Agency and Notary
Article 6 A notary is a legal professional who specializes in notarial acts.
A notary shall have passed the national examination and obtained the practicing qualification according to relevant national provisions.
Article 7 The notary office is the working place where a notary practices.
There is no relation of administrative subordination among notary offices.
Article 8 The director, whose post shall be notary, assumes overall responsibility for the work of the notary office.
Article 9 The notary office shall carry out independent accountability.
The notary office shall set up a development fund and a compensation fund.
Article 10 The establishment of the municipal notarial association, and the election, appointment and removal of director or permanent director shall conform to the constitution of the notarial association.
The notary office and the notary shall join the municipal notarial association and pay membership fees according to the constitution of the municipal notarial association.
Article 11 The municipal notarial association shall protect the notary’s lawful rights and interests, organize the business training and communication, and assist the municipal judicial administrative department to implement direction and supervision over the notary’s operation.
The municipal notarial association shall assist the municipal judicial administrative department to implement annual examination, registration and punishment over the notary.
Chapter Ⅲ Jurisdiction of Notarization
Article 12 The notarial affairs shall be within the jurisdiction of the notary office in this city if the party’s domicile or the place of juristic facts is located in this city.
The notarial affairs may be within the jurisdiction of the notary office in this city if the party’s habitual residence is located in this city, but his domicile is outside.
Article 13 The civil notarial affairs involving the personal status of the party shall be within the jurisdiction of the municipal notary office or the notary office of the district where the party’s domicile is located.
The notarization of real property in this city shall be within the jurisdiction of the municipal notary office or the notary office of the district where the realty is located, except that the realty is involved in the will, certificate of entrustment, letter of donation or letter of declaration executed outside this city.
Article 14 The notarization of domestic adoption where the domicile of the adoptive parent is located in the city shall be within the jurisdiction of the municipal notary office or the notary office of the district where the domicile of the adoptive parent is located.
The notarization of adoption concerning foreigners shall be within the jurisdiction of the notary office designated by the national judicial administrative department if the adoptee’s domicile locates in this city.
Article 15 The identical notarial affairs shall be dealt with by the same notary office.
The party may selectively apply to one notary office for the notarial affairs if more than two notary offices have rights to deal with, and the notarial affairs shall be dealt with by the notary office that accepts it first.
Article 16 The notary offices shall resolve the jurisdictional dispute through consultation. If the dispute can’t be resolved through consultation, their common superior judicial administrative department shall designate the jurisdiction.
Charter Ⅳ Notarial Business and Effect of Notarization
Article 17 The notary office shall conduct the notarization with the party’s application.
Article 18 Bidding for key government-invested projects and other matters that are required by laws or regulations to be notarized shall be notarized.
The competent department handling the transfer and change of realty, registered valuable securities, and property rights and stock rights of an enterprise shall remind the party concerned to prevent relevant legal risks through notarization in the model contract text or service guide.
Article 19 The notary office may conduct escrow business of currency, articles or valuable securities for the parties.
The party, who conducted a drawing of currency, articles or valuable securities that he shall pay in the notary office, shall be considered to have performed the obligation.
Article 20 The notary office may take interim measures of protection of evidence for the parties.
Article 21 For the document of creditor’s rights that has been notarized and meets the following conditions, if the debtor fails to perform the duty, the notary office may endow it with the effect of compulsory execution according to the creditor’s application:
(1) The contents of payments are the currency, articles or valuable securities;
(2) The relationship of credit and obligation is clear, and the parties have no doubt about what the document of creditor’s rights described; and
(3) The debtor explicitly expresses in the document of creditor’s rights that he will voluntarily accept the compulsory execution when he does not perform the obligation.
For a document of creditor’s right granted enforceability by compulsory execution, the creditor may apply to the competent court for compulsory execution according to relevant provisions in civil procedure law. The court shall enforce the document.
If the people’s court finds definite errors in the document of creditor’s rights endowed with the effect of compulsory execution, it shall make an order not to allow the execution, and serve the order on both parties as well as the notary office.
Article 22 The notarial certificate has the legal evidentiary force, and shall be the basis that the people’s court, arbitral institution or administrative department ascertains a fact, unless the relevant party submits sufficient contrary evidence to rebut it.
The notarial certificate can’t be altered or rescinded unless in accordance with the legal procedure.
Article 23 When performing the duty, the notary shall take the practicing certificate of notary of the People’s Republic of China printed by the judicial administrative department of State Department.
The notary has a right to hold the effective certificate to investigate and collect the evidence from relevant entity and individual.
Chapter Ⅴ Procedure of Notarization
Article 24 The citizens, legal persons or other organizations shall apply to or entrust an agent to apply to the notary office for a notarization.
The notarial affairs concerning entrustment, announcement, donation, will, legacy-support agreement, adoption, acknowledgement of offspring, survival or others closely involving the person shall not be entrusted to an agent. If the party does have difficulty being present in the notary office, the notary may go to the party’s locality to handle the notarial affairs.
Article 25 The notary office shall accept the following applications:
(1) The applicant has the interests with the affair;
(2) This affair is in the range of notary business; and
(3) This affair is within the jurisdiction of the notary office.
For the notarial affairs that fail to meet the requirements, the notary office shall make a decision of nonacceptance of the application and notify the party.
Article 26 The notary shall be recused in any of the following circumstances when handling the notarial affairs:
(1) He is the party or the party’s near relative in the notarial affair;
(2) He has the interests with the notarial affair; or
(3) He has other relationships with the party that may have an effect on handling the notarial affair correctly.
The provisions of the preceding paragraph shall be applicable to the assistant notary, interpreter and appraiser.
Article 27 The party or his agent may make an application to the notary office in writing or verbally for a withdrawal before signing for the notarial document.
Under any of the circumstances as prescribed in Article 26 of these Regulations, the notary office shall assign another notary to handle the matter.
Article 28 After accepting the application for notarization, the notary office shall examine the identification and civil capacity of the parties, and shall examine the authenticity and legality of the facts and evidence. If the evidence and documents are not complete or are doubtful, the notary office shall demand the applicant to supplement or clarify them. Where the applicant has difficulty in producing evidence, the notary office may, upon the party's authorization, conduct investigations to obtain evidence.
Article 29 When handling notarial affairs, the notary office has the right to investigate the archives, documents and asserts involving the notarial affairs, and inspect the material evidence or scene. The entities and individuals concerned shall provide help.
Article 30 For the notarial affairs that have clear facts, sufficient evidence and accord with the provisions of law, the notary office shall make a notary certificate within 5 working days upon the date accepting the application.
For notarial affairs that need to make an investigation for a check, the period of making a certificate can be extended to 10 working days.
For difficult and complicated notarial affairs, the time limit of making a certificate can be extended appropriately with the approval of director of notary office, but shall not exceed 30 working days at the longest.
The delaying period caused by force majeure, other accidents or the applicant’s adding the evidences not included in the time limit prescribed in the preceding paragraph.
Article 31 The notary office shall refuse to issue the notary certificate to false or illegal notarial affairs, and shall notify the party in writing within 5 working days.
If the party provides the false documents, the notary office shall have the right to refuse the application and shall report it to the judicial administrative department, which shall notify the other notary offices in this city. The other notary offices shall not accept the notified application.
Article 32 The notary certificate shall be made according to the prescribed format. The words of testimonial shall be explicit and concrete.
Article 33 The notary certificate shall be drawn from the notary office by the party or his agent. If they have difficulty in doing so, the notary certificate can be dispatched by the notary office.
The party or his agent shall sign or affix their seals to the proof of service. If the notary certificate is dispatched by making service via mail, the date upon receiving the certificate marked out on the proof of service shall be the dispatching date.
Article 34 The notary certificate shall take effect as of the date upon approved by the approving authority. The date of making the notary certificate shall be the approved date.
Article 35 The notary office shall revoke any false or illegal notary certificate issued by it. The judicial administrative department has the right to revoke any false or illegal certificate issued by notary offices under its administration.
Article 36 The notarization should be stopped conducting by the notary office in any of the following circumstances:
(1) The party withdraws the application before the notary certificate takes effect; or
(2) Conducting the notarization can’t go on or has been meaningless because the party died or legal persons, other organizations ended.
Article 37 The party or interested party, who disagrees with not accepting the application, refusing to notarize and revoking or refusing to revoke the notary certificate, may complain to the competent judicial administrative department within 15 days. The judicial administrative department may make the administrative decision according to provisions of these Regulations.
The party or interested party, who is not satisfied with the administrative decision made by the judicial administrative department, may apply for administrative reconsideration, or file an administrative lawsuit according to law.
Article 38 The notary office shall collect notarial fees for handling notarial affairs according to the standard prescribed by relevant national departments.
Article 39 The notary office may reduce or exempt the charges, if one of the following conditions:
(1) handling the notarial affairs involving the pension for the disabled or for the family of the deceased, relief fund and label insurance money;
(2) handling the notarial affairs involving the public interests; or
(3) other special conditions needing reduce or exempt charges.
Chapter Ⅵ Legal Responsibility
Article 40 If the notary office commits any of the following acts, the municipal judicial administrative department shall give it a warning, confiscate any illegal income and may additionally impose a fine of not less than three times but not more than five times the amount of that illegal income.:
(1) violating the provisions of these Regulations involving the jurisdiction to handle notarial affairs;
(2) arbitrarily raising or reducing the standard of notarial charges to handle notarial affairs;
(3) violating the time limit prescribed in these Regulations to handle notarial affairs with a delay;
(4) misappropriating the deposited money or object; or
(5) refusing to establish the development fund and compensation fund of notarial cause.
Article 41 If the notary commits any one of the following acts, the municipal and district judicial administrative departments shall issue a public reprimand and give a warning; if the violation is serious, they shall, through the prescribed procedure, request the provincial judicial administrative department to suspend the notary from practice for not less than three months but not more than one year or to defer his or her annual registration for one year.
(1) refusing to conduct a notarization;
(2) disclosing secrets of the party; or
(3) issuing a wrong notarization because of delinquency, and causing no grave consequences.
Article 42 If the notary commits any one of the following acts, the municipal and district judicial administrative departments shall, through the prescribed procedure, request the provincial judicial administrative department to suspend the notary from practice for not less than three months but not more than one year or to defer his or her annual registration for one year. If the circumstances or consequences are serious, they shall, through the same procedure, request the provincial judicial administrative department to revoke the notary's practicing certificate and cancel his or her notarial qualification. Any illegal income shall be confiscated in accordance with the law; if the act constitutes a crime, criminal liability shall be pursued in accordance with the law.:
(1) seeking illegal interests in advantage of his position of handling notarial affairs;
(2) conspiring the applicant to provide false evidence and conceal the true facts;
(3) violating provisions to conduct a notarization and causing grave consequence;
(4) taking the place of notary office to issue the notarial certificate secretly;
(5) embezzling and misappropriating money, goods or property stored in notary office;
(6) giving advice for the applicant to evade the law; or
(7) conspiring other notaries to handle illegal notarial affairs.
Article 43 The notary office that causes losses to citizens, legal persons or other organizations by issuing an erroneous notarial certificate or by improper notarial conduct shall compensate in accordance with the law. Rules on compensation shall be formulated by the municipal judicial administrative department.
Having paid compensation, the notary office may recover part or all of the damages from the erring notary.
Article 44 The notary office may detain any false supporting documents submitted by a party to obtain notarization by fraud.
The party, who causes losses to citizens, legal persons or other organizations because of providing the false proving materials to obtain the notarization by fraud, shall be liable for compensation according to law. Having paid the compensation, the notary office has the right to recover the damages from the party.
Article 45 Having made the decision of administrative penalty according to these Regulations, the judicial administrative department shall issue the written decision of the administrative penalty. If not satisfied with the decision of penalty, the citizen, legal person or other organization may apply for administrative reconsideration or file an administrative lawsuit according to law.
Chapter Ⅶ Supplementary Provisions
Article 46 These Regulations shall come into force on September 1, 1999.
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