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Untitled Document
THE NOTARY PUBLIC LAW OF THE DEMOCRATIC PEOPLE’SREPUBLIC OF KOREA

Adopted by Resolution No. 51 of the Standing Committee of the Supreme People’s Assembly on February 2, 1995

Chapter 1. Fundamentals

Article 1. The Notary Public Law of the DPRK shall contribute to protecting the civil rights and interests of institutions, enterprises, entities and citizens, and to ensuring security in civil affairs, by facilitating strictest affirmation of any fact or document of legal significance.
Article 2. A notarial act shall be performed upon application by any institution, enterprise, entity or citizen.
The State shall ensure that all possible facilities be provided to any institution, enterprise, entity or citizen presenting an application for a notarial act.
Article 3. The State shall ensure that accuracy and lawfulness be maintained for any notarial act on the basis of scientific and objective evidence.
Article 4. The State shall ensure that the parties who have applied for a notarial act duly exercise the civil rights vested with them on an equal footing, and fulfil their respective obligations in good faith.
Article 5. A notarial act shall be performed by a State notary office.
Any notarial act, for which a citizen of the DPRK residing in a foreign country has presented an application, shall be performed by the DPRK consular mission accredited to that country.
Article 6. The State notary offices shall be established in the seats of provinces (or municipality directly under central authority). They may also be established in the seats of cities (districts) or counties, as necessary.
Article 7. The Central Court shall exercise a unified guidance over the notarial act.
Provincial (municipal) courts shall guide performance of notarial acts in areas within their respective jurisdiction.
Article 8. This law shall be applicable to institutions, enterprises, entities and citizens of the DPRK, as well as to foreigners and foreign-invested enterprises within the territory of the DPRK.

Chapter 2. Subjects of Notarial Act

Article 9. The State notary offices shall provide authentication to such facts and documents as stipulated hereunder:
1. A person’s identity and family relations,
2. Technical and professional qualifications, academic degrees, honorary titles and intellectual properties,
3. Missing and deceased persons,
4. Property ownership
5. Inheritance,
6. Contracts,
7. Legal person, commissioning or procuration,
8. Obligations and compensation for damages,
9. Trademarks,
10. Accidents and inspection
11. Names of institutions, bank accounts, signatures and seals,
12. Memorandum of association of enterprises,
13. Original, copy and translation of documents,
14. Preservation of evidence and deposit of property , and
15. Any other facts or documents of legal significance.
Article 10. The State notary offices shall undertake to register important properties of individuals and foreign-invested enterprise as well as corporate bodies.
Where the property or legal persons registered undergo any change, they shall be re-registered for that purpose within 20 days.
Article 11. The State notary offices shall be entrusted with property deposited for the purpose of debt payment, objects of civil disputes, security for compensation of damages, and ownerless articles.
Article 12. The State notary offices shall preserve such evidence in civil cases as is liable to become extinct before the institution of a lawsuit or proves impossible to be recollected.

Chapter 3. Jurisdiction of Notarial Act

Article 13. The State notary offices located in the seats of cities (districts) and counties shall conduct the notarial acts, the application for which is intended to be used in the territory of the DPRK.
The State notary offices in the seats of provinces (or municipality directly under central authority) shall perform the notarial acts, the application for which is intended to be used in the territory of the DPRK and /or of any other foreign country.
Article14. A notarial act shall be performed by the State notary office that has a jurisdiction over the place of residence or seat of the applicant concerned.
In case of applications submitted by several applicants for notarization of the same subject, any State notary office that has jurisdiction over the place of residence or seat of any one of the parties concerned may undertake to perform the notarial act.
Article 15. Any notarial act shall be carried out by a relevant State notary office, i.e., a notarial act for any building by the State notary office having a jurisdiction over the location of such a building, any property which is registered with an institution, enterprise or entity by the office having a jurisdiction over the seat of any of the foregoing; and any preserved evidence or deposited property by the office having a jurisdiction over the place where the said evidence or property lies.
Article 16. The authentication of the missing or the deceased shall be undertaken by the State notary office that exercises jurisdiction over the last place of residence of the person concerned, whereas that of testament shall be conducted by the State notary office that exercises jurisdiction over the place where the act of testament has taken place.
Article 17. Any authentication concerning a natural disaster, an accident or conclusion of a contract shall be performed by the State notary office having jurisdiction over the location of such natural disaster or accident, or the place where the contract has been concluded.

Chapter 4. Procedures and Methods of Notarial Act


Article 18. An application for a notarial act shall be submitted to the competent State notary office by the party concerned.
Under an unavoidable circumstance, however, it may be made either by proxy or by inviting a notary public.
Article 19. The applicant for a notarial act shall submit to the relevant State notary office a written application, documentary evidence and certificate of payment of State notarial fee.
The application for a notarial act shall specify such details as the applicant's name, date of birth, position, place of residence and the subject in question.
Article 20. The State notary office shall, to the extent that any written application proves insufficient, make sure that the said application be amended or supplemented within 5 days.
The date on which the application had been submitted for the first time shall be regarded as the date of application, provided that such an application has been amended or supplemented within the specified period of time.
Article 21. The State notary office shall deal with the application within 1 month of its receipt.
Article 22. The State notary office shall check the competence of the applicant and the truthfulness and lawfulness of details of application and documentary evidence, summon a witness, as necessary, or demand any exhibit from an institution, enterprise, entity or citizen. It may refer an expert appraisal of such exhibit to a relevant specialized organ.
All relevant institutions, enterprises, entities and citizens shall comply with any demand made by the competent State notary office with regard to the performance of notarial act.
Article 23. The State notary office shall draft a notarial deed, provided that the details of application proves accurate and conforms to legal requirements.
The script of such a notarial deed shall be kept in custody and the copy shall be handed over to the party concerned.
Article 24. Any notarial act shall be rejected in the cases where:
1. There exists a dispute between the parties concerned as regards the subject of application,
2. The subject of application proves inconsistent with facts,
3. There exists no evidence, or the evidence, if any, has been faked,
4. The subject of application proves to be confidential,
5. The application has been withdrawn by the applicant, and
6. The State notarial fee has not been paid.
Article 25. Where any notarial act is to be rejected, the reason and justifications thereof shall be informed to the applicant.
Article 26. Any deposition of property or preservation of evidence shall be undertaken either by the State notary office or by referring to any other competent organ.
Cash, securities and precious metals shall be in the custody of a nominated bank; any poisonous substance in the custody of relevant supervision body; and any perishable goods shall be sold and exchanged into cash to be deposited at a bank account; while any evidence shall be preserved in the form of filed records of interrogation of a witness, or as a record of on-site inspection or of an expert opinion in writing, or as a picture taken thereof.
Article 27. Any deposited property and preserved evidence shall be disposed of, pursuant to a judgement or award passed by the court, or be returned to the rightful person upon elapse of a specified period of time.
Article 28. In case the owner of a deposited property fails to take back such a property within a specified period of time, the State notary office may issue a writ of execution.
The executioner of the People's Court shall serve the writ.
Article 29. A notarial document shall be written in the Korean language.
A foreigner may write a notarial document in his national language.
Article 30. A notary public, who has interest in a notarial act for which application has been made, shall not conduct the notarial act in question.
An applicant for a notarial act may request replacement of a notary public, to the extent that such a person has been recognized not to be fair in carrying out the notarial act concerned, with any other notary public.
The relevant State notary office shall either replace the said notary public with another person in case the above-mentioned request proves to be reasonable, or otherwise, reject it.
Article 31. An applicant for a notarial act shall pay the State notarial fee and other charges as prescribed.

Chapter 5. Complaints against Notarial Act

Article 32. A party who is aggrieved by a notarial act may, within 5 days of receipt of the notarial deed or the notice of rejection, lodge a complaint with a court that is located in the seat of the relevant State notary office.
The court with which the complaint has been lodged shall, within 10 days, review such a complaint and settle it by passing an award.
Article 33. A party who is still aggrieved at the award passed by the court may appeal to a higher court within 10 days of receipt of the copy of award.
Article 34. The higher court to which the appeal has been filed shall, within one month, review it and pass an award in support or rejection of such an appeal.
Article 35. The State notary office may reinvestigate the subject of application pursuant to the award of the court, or settle it on the basis of information and evidence certified by the court.


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