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Civil Procedural Rules

Original Language Title: 公证程序规则

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(May 18, 2006 the Ministry of Justice published the 103th as of July 1, 2006) Chapter I General provisions article in order to standardize notary procedures, guarantee the quality of notarization, according to the People's Republic of China Law on notary (hereinafter referred to as the notary Act) and the provisions of relevant laws and administrative regulations, these rules are formulated.
    The second notary legalization, shall comply with the law and adhere to the principles of objectivity, impartiality, respect notarial practice norms and practice discipline.
    Article independently exercise notarial functions of notarization institutions, bear civil liability independently, no unit or individual may illegally interfere, from violation of their legitimate rights and interests.
    Fourth notaries should be in accordance with the provisions of the law on notary, accept an application for notarization, legalization services, issued in the name of the notary public certificates.
    Article fifth notary notary assigned, in accordance with the law on notary and procedures laid down in these rules for notarization businesses, and signature on the notarial certificate issued by.
    In accordance with the law on notary, and provisions of the present rules, notary legalization process to register the transaction may not be assigned to notary public of other staff.
    Article sixth notary and notary legalization, shall not be prohibited by the law on notary was 13th, 23rd.
    Notary public of other staff, as well as in pursuance of this rule come into contact with notarial business personnel shall not be disclosed in the countries participating in the notarial business activity known in the secrets, trade secrets or personal privacy.
    Article seventh notary shall establish and perfect the notarization of notarial business management system and quality management system to supervise the practice of notaries.
    Judicial administrative organs in accordance with section VIII of the notarial act and these rules, notary and notary practice and compliance with the rules of procedure for supervision and guidance.
    Notary Association based on regulations and industry standards, notary and notary practice and compliance with the rules of procedure for supervision.
    Chapter Nineth notary notary the parties the parties are interested and notarial matters and submitted to the notary notarized application in its own name, in the notarial activity enjoyed the rights and obligations of natural persons, legal persons or other organizations.
    Tenth person without civil capacity or a person with limited capacity for civil conduct bidding for the notary, should be his guardian agent.
    Bid for the notarization of legal persons shall be represented by its legal representative.
    Others bidding for the notary, should be represented by its head.
    11th parties may delegate proxy bid for the notary, but the bid will, bequest and agreement, gift, claim the parent-child relationship, adoption, adoptive relationships, living conditions, delegate, representations, warranties and other notarial matters closely connected with natural persons, should be its own bid in person.
    Notary, notary public of other staff members not acting parties in the notarization of notarial Office bid.
    12th living in Hong Kong, Macao and Taiwan regions party, delegate proxy bid relating to inheritance, property rights and disposition, personal change and other civil matters, the power of attorney shall be subject to the residence of notaries (Institute), notary, or bodies, designated by a Department of justice personnel certificates.
    Parties live abroad, commissioned agents bidding for important notary matters prescribed in the preceding paragraph, the power of attorney shall be subject to the residence of notaries (institutions), embassies (consulates) notarized.
    Notarization of notarial practice 13th chapter III refers to the practice area by province, autonomous region, or municipality directly under the administration of Justice, in accordance with the law on notary 25th and tenth in the notarial practice management measures, as well as local notary agency plan, delineation of the notarization of notarial Office accepted the geographical scope of businesses.
    Notarial practice area, by the judicial administrative organs of provinces, autonomous regions and municipalities for the notarization institutions or modification of approval shall be approved.
    Notary public shall, in the approved practice accepting notary business in the region.
    14th civil matters by party's domicile, habitual residence, the Act or fact of notarization institutions accepted.
    Notarial matters involving real estate, and the estate is located the notary accepts; involving real estate attorney, statement, gifts, wills notarial matters prescribed in the preceding paragraph may be applied.
    15th one of two or more parties bid for the same notarial matters, can be common to acts, facts or where one of the parties has his domicile or habitual residence of the notarial Office bidding.
    16th to two or more parties can apply to the admissibility of the notary notary matters, handled by the first notary for accepting applications. Fourth chapter applications and accepted article 17th natural persons, legal persons or other organizations to apply to the notary legalization should fill out application form for notarization.
    Notary application table should contains Ming following content: (a) applicants and agent of basic situation; (ii) application notary of matters and the public certificate of uses; (three) application notary of instruments of name; (four) submitted proved material of name, and copies number and the about witnesses of name, and address, and contact way; (five) application of date; (six) other need description of situation.
    The applicant shall sign or affix their seals on the application form cannot be signed and sealed by me before entering fingerprints. 18th article natural, and corporate or other organization application handle notary, should submitted following material: (a) natural of identity proved, corporate of qualification proved and statutory representative people of identity proved, other organization of qualification proved and head of identity proved; (ii) delegate others on behalf of application of, agent must submitted party of authorized Attorney, statutory agent or other agent must submitted has agent right of proved; (three) application notary of instruments; (four) application notary of matters of proved material,
    Shall submit the certificate of property rights related to property, (v) other materials with applications related to notarial matters.
    19th article meet following conditions of application, notary institutions can accepted: (a) applicants and application notary of matters has interest relationship; (ii) applicants Zhijian on application notary of matters no dispute; (three) application notary of matters meet notary method 11th article provides of range; (four) application notary of matters meet notary method 25th article of provides and the notary institutions in its practice industry regional within can accepted notary business of range.
    Matters stipulated by laws and administrative regulations should be notarized, in line with the first item of the preceding paragraph, the provisions of the second and fourth conditions, notaries shall be accepted. Does not meet the conditions mentioned in the first and second paragraphs of this article apply, the notarial inadmissible, and notify the applicant accordingly.
    Did not comply with the first paragraph of this article fourth provision was inadmissible, it shall notify the applicant to apply to the notary the notary matters was admissible. Article 20th notary after accepting notary applications should be sent to the applicant a notice of acceptance.
    The applicant or his or her agent shall sign the receipt. Article 21st notary after accepting notary applications, shall inform the party applying for notarization of legal significance and possible legal consequences, inform the legalization process in the enjoyment of the rights and obligations of.
    Inform the content, how and when informed, should be documented. After 22nd notary accepts the application for notarization, notary fees charged to the party in accordance with regulations.
    After the notary completes, authorized notarial fees and amounts received in advance are not consistent, refund or repair procedures shall be charged.
    To satisfy the conditions of the party, and notarial offices shall, in accordance with the provisions reduce or waive the notarization fees. Article 23rd notary after accepting notary applications shall be assigned host the notary, and notify the Parties accordingly.
    Parties request the notary withdrawal was found to belong to the 23rd article of the notary law provisions should be avoided, and notarial offices shall send other notaries undertake. Fifth chapter review 24th article notary institutions accepted notary application Hou, should according to different notary matters of do card rules, respectively review following matters: (a) party of number, and identity, and application handle the items notary of qualification and the corresponding of right; (ii) party of mean said whether real; (three) application notary of instruments of content whether complete, meaning whether clear, signature, and seal whether complete; (four) provides of proved material whether real, and legal, and full; (five) application notary of matters whether real, and
    Legal.
    25th the Parties shall indicate to the notary application for notarization of the circumstances surrounding this matter, submitted documents shall be true, valid, full.
    Notary public in reviews, to applying for notarization of authenticity and legality of the matter have doubts, think they explain or provide evidence of inadequate, incomplete, or there is doubt, may require the parties to clarify or supplement evidence.
    The parties declined to specify relevant information or additional documents, in accordance with the provisions of the present rule 48th. 26th notary in review, to apply for civil matters, as well as evidence provided by the parties, in accordance with the relevant rules of accreditation needs to verify or have doubts should be verified, or entrust foreign notary institutions to verify.
    Units or individuals shall give assistance.
    27th article notary institutions can used following way, verified notary matters of about situation and proved material: (a) through asked party, and notary matters of interest relationship people verified; (ii) through asked witnesses verified; (three) to units or personal understand related situation or verified, and collection related documentary, and evidence, and audio-visual information, proved material; (four) through site inspection verified; (five) delegate professional institutions or professionals identification, and test detection, and translation. 28th notary verified, shall comply with the provisions of the relevant laws, regulations and rules relating to accreditation.

    Notarial Office sent out to verify should be carried out by two people, but to verify, collect documentary evidence otherwise.
    Special cases verified by only one person out, there should be one of the witnesses. To the parties, civil matters article 29th asking interested witness or notarization of understanding, verification of the circumstances surrounding this matter, as well as supporting materials, shall inform the person questioned the rights and assumes the obligations and liabilities.
    Shall make a written record of the questioning.
    Interrogation shall set forth: asked about the date, location, asking people, record people asking, the basic situation of the interrogated, communicate content, asking the talk content, and so on. Interrogation should be handed over to the person being interrogated after checking signature or stamp, before entering a fingerprint.
    Modified record should be stamped by the person being interrogated, or before entering a fingerprint recognition. 30th article in to party, and notary matters of interest relationship people, and witnesses or units, and personal verified or collection about notary matters of proved material Shi, need excerpt, and copy (copy) about information, and proved original, and archives material or on real evidence photography and for text description records of, excerpt, and copy (copy) of material or evidence photos and the text description records should and original or evidence match, and by information, and original, and evidence all or archives custody people on excerpt, and
    Copy (copy) the material or evidence photos and text describing records check and sign or seal. 31st scene investigation to verify civil matters and all supporting material shall make transcripts, signed or sealed by the verification of personnel and witnesses.
    Depending on your needs, you can use drawing, photography, video or recording, or for examination or physical evidence to be recorded. 32nd must entrust a professional institution or professional applications notarized document or notarial documents for identification, testing, translation, shall inform the party commissioned by it, or the consent of the parties to handle.
    Expert opinion, inspection findings, translated materials, hosted by the relevant professional bodies and identification, testing, translation of the stamp and signature of the person.
    Delegate accreditation, inspection, the cost of translation, paid for by the parties. Article 33rd notarial Office long distance notarization of notarial verification matters entrusted and the relevant documents, shall issue a Commission to verify letters on matters requiring verification and make clear requirements for the elements. Entrusted notaries receive Commission letter, should be completed within one month for verification.
    Could not be completed or could not be verified, should be within the above-mentioned time limit communicated to entrust the verification of notary. 34th notary in review, considers the application notarized instrument of expression of contents incomplete, inaccurate, should guide the correction or modification by the parties.
    Party refuses to correct, modify, should be indicated in the records.
    Upon the request of the parties, notarization of notarial offices may apply on behalf of the drafting, revision of the instruments.
    Sixth chapter is issuing a notarial 35th notary, upon examination, considers the application notarized in accordance with the law on notary, the rules and the provisions of the rules relating to registration, shall, within 15 working days from the day of acceptance issued to a client certificate.
    Due to force majeure, the supplementary documentation or need to verify the information, not counting the time required within the period specified in the preceding paragraph and shall promptly inform the parties.
    Article 36th civil law notary, shall comply with the following conditions: (a) the eligible Party has engaged in the conduct of civil conduct, (ii) the intention of the parties, and (iii) the legal content and form of the Act, is not contrary to public morality; (d) the other conditions provided for in the law on notary.
    Different rules of the civil law notary's Office has special requirements, from its provisions.
    37th the notarization of a legal fact or instrument shall meet the following conditions: (a) the fact or instrument and the parties have an interest; (b) the facts or documents are true and correct; (c) the facts or the legal content and form of the instrument, is not contrary to public morality; (d) the other conditions provided for in the law on notary.
    Different legal meanings of facts or documents notarized registration rules have special requirements from its provisions.
    Article 38th of the instrument on the date of signature, seal, notarized, signature and seal, dates should be accurate, true, notarization of copies of instruments, copy text, its text should be consistent with the original.
    39th article has forced implementation effectiveness of claims instruments of notary, should meet following conditions: (a) claims instruments to payment currency, and items or securities for content; (ii) claims debt relationship clear, creditors and debt people on claims instruments about payment content undoubtedly meaning; (three) claims instruments in the contains Ming Dang debtor not perform or not appropriate perform obligations Shi, debtor willing to accept forced implementation of commitment; (four) notary method provides of other conditions. 40th in line with the law on notary, the rules and conditions specified in the rules of notarial matters, hosted by notaries prepare notary, together with proven instruments, providing supporting material for review and verification of the material, notarization, notary designated by the head of the agency or its notary approval.
    But except for notarial matters not requiring approval by the regulation.
    Notary in charge of or has been assigned the responsibility for approval of notaries may approve of its own undertaking notarial matters.
    41st article approval notary matters and the intends issued of notary book, should audit following content: (a) application notary of matters and instruments whether real, and legal; (ii) notary matters of proved material whether real, and legal, and full; (three) do card program whether meet notary method, and this rules and the about do card rules of provides; (four) intends issued of notary book of content, and expressed and format whether meet related provides. Approval of major, complex civil matters shall be submitted before approval of the notarial Office brainstorming.
    Discuss and form opinions, should be documented. 42nd notarial certificate shall be made in accordance with the format specified in the Ministry of Justice.
    Notarial certificate includes the following main elements: (a) the certificate number; (b) the basic situation of the parties, Attorney and (iii) notarized statements; (iv) undertake the notary's signature (signature), notary seal, (v) the date of issuance.
    Notarized witness instrument is the public part of the certificate.
    About rush rules have special requirements for notarial form, from its provisions. 43rd making notarial certificate shall use the national common language. In the autonomous areas, according to the victim's request, you can also make local national language text.
    Both text being equally authentic.
    Sent to Hong Kong, Macao, Taiwan area used as a notary public shall use the national language. The notarial certificate shall be sent to foreign countries use national language.
    According to the needs and requirements of the parties, notarial certificate may have foreign language translations.
    44th certificate take effect from the date of issue.
    Matters requiring approval of notary, approver's approval date for certificate issuance date; notarial matters not requiring approval, host notary date of issuance date of issue of the certificate; supervise such notary read out testimony notary need, read out date is the date of issuance of the certificate. Article 45th notarial certificates of notary making original, each waybill delivered one copy by the parties and several copies can be produced according to the needs of the person.
    Notary public notary certificate of retention (approval, issuance of drafts) and a copy of the original file. Article 46th notarial certificate after issued, by the party concerned or his agent to a notary, and can also be sent upon the request of the parties, by a notary public.
    Party or his agent to receive notarial deed should be signed for on receipt.
    47th consular necessary notarial certification, in accordance with the relevant provisions or the party delegates, notary to handle the notarial certification, the cost paid by the parties. Seventh chapter not handle notary and terminated notary 48th article notary matters has following case one of of, notary institutions should not handle notary: (a) no civil capacity people or limit civil capacity people no guardian agent application handle notary of; (ii) party and application notary of matters no interest relationship of; (three) application notary of matters is professional technology identification, and assessment matters of; (four) party Zhijian on application notary of matters has dispute of; (five) party fictional, and hide facts,
    Or provide false documentation; (vi) insufficient evidence provided by the parties and cannot be added, or refusing to supplement materials; (VII) apply for a notary is false and illegal, (VIII) application of notarial matters contrary to public morality; (IX) party refuses to pay a notary fee pursuant to the provisions of. 49th section not be legalization, written reports written by hosting the notary, notary Director approval.
    No legalization decision shall notify the parties or their agents.
    No legalization, not handled by notaries should be based on reason and responsibility, refund part or all of the charges, as appropriate, the notary fee.
    50th article notary matters has following case one of of, notary institutions should terminated notary: (a) for party of reasons led the notary matters in six months within cannot settles of; (ii) public certificate issued Qian party withdrawn notary application of; (three) for application notary of natural people death, and corporate or other organization terminated, cannot continues to handle notary or continues to handle notary has no meaning of; (four) party block, and hamper notary institutions and the hosted notary member by provides of program, and term handle notary of; (E) other circumstances that should be terminated.

    Section 51st notarized, written reports written by hosting the notary, notary Director approval.
    Terminate the notary shall notify the parties or their agents.
    Termination of notary and notarial offices shall, in accordance with the termination of cause and responsibility, as appropriate, refund part of the notary fees charged. Eighth chapter special provisions article 52nd notary agencies bidding, auction, lottery and other types of site supervision and notary, should be handled by two people. Hosted a notary shall, in accordance with the relevant provisions, through the prior review, on-site supervision, take proof of the authenticity, legitimacy, took the notary's testimony, and took the 7th days after sending notarial clients.
    The notarization of notarial read out testimonies from the date of entry into force.
    For site supervision and such notarization, host notaries found party to deception, favoritism, violation of the rules, in violation of State laws and regulations, shall request the parties to immediately correct the party refuses to, and shall not be legalization. 53rd notary handling notarization of wills should be handled by two people.
    Hosting the notary shall wholly in person.
    Only under special circumstances when handled by a notary, should request the presence of a witness, the witness shall sign or affix their seals on the interrogation.
    54th notarization of notarial Office sent out to handle the preservation of evidence, handled by the two people together, hosting the notary shall personally go out for processing.
    For the preservation of evidence notarization, hosting the notary finding parties is to adopt laws and regulations to prohibit the obtaining of evidence, should not be legalization. 55th obligor fails to perform or inappropriate discharge of the debt instrument with a compulsory execution effect of notary, notaries may apply according to the creditor in accordance with relevant provisions issued certificates.
    Executive certificate issued shall, within the period prescribed by law. Perform certificate shall include the applicant, application implementation, application execution and implementation deadlines. The debtor has fulfilled part of shall be deducted during the application execution.
    Because the debtor did not meet or improper fulfilment of liquidated damages, incurred late fees, interest and so on, can the creditor's request for inclusion in the application execution. 56th notarized in matters of disputes arising during implementation, notarial deed issued by a notary can request of the parties in conciliation.
    After mediation by parties in reaching a new agreement to apply to a notary, notary legalization; conciliation fails, the notary shall inform the parties of the dispute to the people's Court according to law a civil lawsuit or arbitration organization for arbitration.
    Nineth chapter registration and filing notary 57th notarial legalization should fill out notarial register, establishment of registry systems.
    Registration includes: civil matters category, the client's name (name), agent (representative) name, receive date, the undertaker, Examiner (issuer) and closed way, settles date and certificate number.
    Notarial register of filing on an annual basis, should be permanently stored.
    Article 58th notarial institutions in issuing a notarial or not legalization, terminated after the decision of the notary, shall, in accordance with the Ministry of Justice, established by the national archives relating to notarial document voluming-filing and archive file management requirements by hosting the notary notarized documents and related materials, filing three months to complete, collect, classify, transfer of archives.
    59th notary after accepting notary applications, hosting the notary should proceed with filing preparation, began to collect all supporting materials, organize interrogation and checking related materials.
    Cannot be attached to the original volume or physical evidence, and shall, in accordance with the provisions of their original copy (copy), exhibit photos and text describing records retention volumes.
    60th civil case should be based on category, content of notarial matters, divided into general volume, key volume, and file save. Notarization of notarial file should be based on category, use retention of its evidentiary value.
    Retention of short-term, long-term and permanent three. Civil matters involving State secrets, will, as a key volume.
    After the death of the testator, will save the notarial archives into normal volume.
    Notarial matters discussed within the notary and related materials, approval shall be binding under volume, and volume is saved.
    Tenth chapter notary certificate of civil dispute settlement article 61st think wrong, can be received within one year of the date the notarial, to issue the certificate of a notary for review. Notary notary certificate of interested persons in respect of matters considered wrong, knew or should have known that the notary within one year from the date of issue of the certificate of the notary for review, except as is able to prove that they do not know.
    Review period from the date of certificate issued by maximum shall not exceed 20 years.
    Review application should be submitted in writing, set forth the applicant considers notary errors and their reason for existence, remove or correct the specific requirements for notary, and providing related proof materials. 62nd notarial Office upon receipt of the application, shall designate the original contractor notaries notaries outside review.
    Review of conclusions and comments, shall be submitted to a notary in charge of examination and approval.
    63rd article notary institutions for review, should on applicants proposed of notary book of errors and reason for review, and verified, difference different situation, according to following provides be processing: (a) public certificate of content legal, and right, and handle program correct of, made maintained notary book of processing decided; (ii) public certificate of content legal, and right, only testimony expressed or format improper of, should recovered notary book, corrections Hou again to party; cannot recovered of, separately issued correction public certificate; (Three) public certificate of basic content illegal or and facts inconsistent of, should made revoked notary book of processing decided; (four) public certificate of part content illegal or and facts inconsistent of, can issued correction notary book, revoked on illegal or and facts inconsistent part of proved content; also can recovered notary book, on illegal or and facts inconsistent of part for delete, and corrections Hou, again to party; (five) public certificate of content legal, and right, but in handle process in the has violation program provides, and
    Lacks the necessary formalities, shall fill gaps in programs and procedures; unable to re-submit or serious violations of fair procedures, certificates shall be dismissed.
    Notarial certificates of revocation should be recovered, and make an announcement, the notarial certificate invalid from the beginning.
    Notary public notary certificate revocation, shall be reported to the local notary Association record. 64th notary shall from the date of receiving the application for review within the 30th complete review, review a decision, to the applicant. Require notarial certificate revocation or correction and rectification process should be completed in the 10th after the review decision.
    Review the treatment decisions and the notary notarized shall deposit the original files.
    Notary to handle the review, due to force majeure, the supplementary documentation or need to verify the information, not counting the time required within the period specified in the preceding paragraph, but supplementary documentation or need to verify the information, and should not be longer than six months.
    65th notary notary certificate issued by the discovery of content and the rules of procedure of the circumstances prescribed in the 63rd second to fifth, it shall notify the parties, be dealt with in accordance with the provisions of the present rule 63rd.
    66th article notary book was revoked of, by received of notary fee by following provides processing: (a) for notary institutions of fault revoked notary book of, charged of notary fee should all returned party; (ii) for party of fault revoked notary book of, charged of notary fee not returned; (three) for notary institutions and party both of fault revoked notary book of, charged of notary fee, as appropriate, returned.
    67th where a notary, notarial matters of interest related to revoke or not to revoke disagrees with the decision of the notary, you can complain to the local notary Association.
    Method of dealing with complaints by China Notary Association.
    68th party matters, notary notary involved by the interested parties or the party and notarial matters between interested entities of the rights and obligations of a content dispute, notary shall inform the civil action in respect of the dispute to the people's Court.
    69th notary and notary at fault parties, civil matters the interested party losses, consequential damages liability of notaries; notarial compensation may have recourse against the intentional misconduct or gross negligence of the notary.
    The interested parties, civil matters and notarial offices because of liability and the amount of compensation disputes, negotiation can bring a civil action, you can also apply for mediation of the local notary Association.
    11th chapter by-laws 70th notarial matters related to accreditation rules for different processing procedure special provisions from its provisions.
    71st notary in accordance with the law on notary article 12th before the deposit, registration, storage and other services, according to the special regulations; no special provisions with reference to these rules and regulations.
    72nd article notary institutions and notary member in handle notary process in the, has violation notary method 41st article, and 42nd article and this rules provides behavior of, by judicial administrative organ according to notary method, and notary institutions practice industry management approach, and notary Member practice industry management approach give corresponding of punishment; has violation notary industry specification behavior of, by Notary Association give corresponding of industry disposition.
    73rd of the rules by the Ministry of Justice explained. 74th these rules come into force on July 1, 2006.
                            Released on June 18, 2002, the Ministry of Justice of the civil procedure rules (Ministry of Justice, 72nd) repealed simultaneously.