深圳经济特区公证条例（修正） Regulations of Shenzhen Special Economic Zone on Notarization

(Originally adopted at the thirty-third meeting of the second Standing Committee of Shenzhen Municipal People’s Congress on June 30,1999, as revised in accordance with the Decision on Revision of Regulation of Shenzhen Economic Zone on Notarization of the eleventh meeting of the third Standing Committee of Shenzhen Municipal People’s Congress on October 17,2001.)
颁布日期：20011024 　实施日期：20011101 　颁布单位：深圳市人大常委会

　　Chapter Ⅰ General　Provisions

　　Article 1 In order to normalize notarial acts, to prevent and reduce disputes, and protect the state interests and lawful rights and interests of citizens, legal persons and other organizations, these regulations are formulated in accordance with the provisions of national laws and regulations concerned and the actual circumstances of Shenzhen Special Economic Zone (hereinafter referred to as “Special Zone”).

　　Article 2 “Notarization” in these regulations means the acts that the notary office proves the truth and legality of legal acts, matters and documents according to law.

　　Article 3 “Notary office” means the special certification institution that uniformly exercises the national certification rights according to law.

　　Article 4 The notary office shall keep secrets of the parties when dealing with notarization affairs.

　　The notary shall implement the operation in accordance with the facts, national laws and practicing disciplines.

　　Article 5 The judicial administrative organ of Shenzhen Municipal People’s Government (hereinafter referred to as “municipal judicial administrative organ”) takes charge of the notarial work of Special Zone.

　　The judicial administrative organ of each district takes charge of the notarial work in the district.

　　The notarial association is a social organization that is registered and established according to law and assists the municipal judicial administrative organ to administrate the notarial trade.

　　The municipal judicial administrative organ guides and supervises the work of the notarial association.

　　Chapter Ⅱ Notary Agency and Notary

　　Article 6 The notary is the legal professional that specially deals with the notarial affairs.

　　The 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 the 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 notary office.

　　Article 9 The notary office shall carry out independent accountability.

　　The notary office shall set up career developing fund and 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 notarial association.

　　The notary office and notary shall join in 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 organ to implement direction and supervision over the notary’s operation.

　　The notarial association shall assist the municipal judicial administrative organ 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 judicial facts locates in this city.

　　The notarial affairs ma

y be within the jurisdiction of the notary office in this city if the party’s habitual residence locates in this city, although his domicile is outside.

　　Article 13 The civil notarial affairs involving the personal relation 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 locates.

　　The notarization of realty in this city shall be within the jurisdiction of the municipal notary office or the notary office of the district where the realty locates, except that the realty is involved in the will, certificate of entrustment, letter of donation or letter of declaration made out of this city.

　　Article 14 The notarization of domestic adoption that the domicile of the adoptive parent locates in the city shall be within the jurisdiction of the municipal notary office or the notary office of the district where the domicile of adoptive parent locates.

　　The notarization of adoption concerning foreigners shall be within the jurisdiction of the notary office designated by the national judicial administrative organ 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 organ 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 The following legal acts shall be notarized:

　　(1) donation and inheritance of realty;

　　(2) inheritance and donation of registered valuable securities;

　　(3) transfer of property rights and stock right of an enterprise, unless approved or conformed by the governmental administrative department of state-owed assets;

　　(4) invitation and submission of bids of key project invested by the government;

　　(5) other conditions that have to be notarized, as prescribed by laws and regulations.

　　Article 19 The notary office may conduct drawing 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 accords with the following conditions, if the debtor doesn’t perform the duty, the notary office may endow it 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 on what the document of creditor’s rights described;

　　(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 endowed the effort of compulsory execution, the creditor may apply to the competent court for compulsory execution according to relevant provisions in civil procedure law. The court applied to shall enforce the document.

　　If the people’s court finds definite errors in the document of creditor’s rights endowed 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 certification effect in law, and shall be the basis that the people’s court, arbitral institution or administrative organ ascertains a fact, unless the relevant party submits the adverse proof to overthrow 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 organ of State Department.

　　The notary has a right to hold the effective certificate to investigate and collect the evidence from relevant unit 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 to be 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;

　　(3) This affair is within the jurisdiction of the notary office.

　　For the notarial affairs that fail to meet the requirements, the notary office sha

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