Article 16 A notary shall be a notarial practitioner who meets the conditions as prescribed by this Law and is working in a notarial office.

Article 17 The number of notaries shall be determined according to the needs of notarial business. The judicial administrative department of a province, autonomous region or municipality directly under the Central Government shall determine, in light of the establishment of notarial offices and the needs of notarial business, the plan on the arrangement of notaries and shall submit it to the judicial administrative department of the State Council for archival purposes.

Article 18 A notary shall meet the following conditions:

(1)Having the nationality of the People's Republic of China;

(2)Being 25- 65 years old;

(3)Being impartial and upright, observing the law and disciplines, being of good moral character;

(4)Having passed the national judicial examination; and

(5)Having acted as an intern in a notarial office for 2 or more years, or having 3 or more years of experience of another legal profession and having acted as an intern in a notarial office for 1 year or more, and having passed the evaluation.

Article 19 Where a person who was engaged in teaching and research of law and has a senior professional technical title, where a person who was a civil servant or lawyer, has a university diploma or above and has full 10 years of experience in adjudication, procuratorial work, legal affairs or legal service, if he has left his post and has passed the evaluation, he may take up the job of a notary.

Article 20 A person shall not take up the job of a notary under any of the following circumstances:

(1)Having no civil capacity or limited civil capacity;

(2)Having been subject to any criminal punishment due to an intentional crime or duty-related crime;

(3)Having been dismissed from a government organ;

(4)His practicing certificate has been revoked.

Article 21 Where a person intends to act as a notary, he shall meet the conditions for a notary, shall file an application and shall be recommended by a notarial office. The local judicial administrative department shall submit the application to judicial administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government for examination and approval. If the judicial administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government approves the application, it shall request the judicial administrative department of the State Council for appointment and shall issue the applicant a practicing certificate of notary.

Article 22 A notary shall observe the disciplines and the law, strictly abide by the professional ethics, perform his notarial duties, keep confidential the secrets he has access to in his practice.

A notary shall be entitled to obtain remunerations, enjoy insurance and welfare treatments. He has the right to resign from his job, to file a complaint or bring a charge. He shall not be dismissed from his post or be punished unless there is a statutory reason or unless the statutory procedures have been completed.

Article 23 No notary may:

(1)concurrently act as a notary in 2 or more notarial offices;

(2)assuming other paid job(s);

(3)perform any notarial act requested by his close relative or perform any notarial act in which he and his close relative has an interest;

(4)illegally issue any notarial certificate;

(5)issue a notarial certificate for any untrue or unlawful affair;

(6)embezzle or misappropriate the notarization fees or encroaching upon or steal any articles for the exclusive use of notarization;

(7)destroy or fraudulently alter any notarial document or archive file;

(8)divulge any state secret, commercial secret or personal privacy he has access to in his practices; or

(9)commit any other act as prohibited by any law or regulation, or provisions of the judicial administrative department of the State Council.

Article 24 Where a notary is under any of the following circumstances, the local judicial administrative department shall report him to the judicial administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government and shall propose the judicial administrative department of the State Council to dismiss him from the job of a notary:

(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 reason;

(3)He has resigned from the job of notary on his own initiative; or

(4)His practicing certificate of a notary has been revoked.

 

Brief Contact Information

 
Mobile
24/7 Hotline
0086 189 1161 3371
 
email
Service Email
info@beijingesc.com
 
calendar
Not work on the Weekends & Public Holidays, click to see more.