Notarial Practice Management Approaches

Original Language Title: 公证机构执业管理办法

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(February 23, 2006 101th promulgated by the Ministry of Justice as of March 1, 2006) Chapter I General provisions article in order to strengthen the notarial examination and approval management and practice supervision, standardize notary practice, in accordance with the People's Republic of China Law on notary (hereinafter referred to as the notary Act) and the provisions of relevant laws and regulations, these measures are formulated.
    Article notarization of notarial institutions in accordance with the Act and these rules, the establishment.
    Establish a notary shall, in accordance with the principles of overall planning, rational distribution, control of total amount.
    Article III of the notarial legalization, shall comply with the law and adhere to the principles of objectivity, impartiality, respect notarial practice norms and practice discipline.
    Notary shall join local and National Notary Association.
    Article fourth notary legalization, not for profit-making purposes, the independent exercise of notarial functions, bear civil liability independently, no unit or individual may illegally interfere, from violation of their legitimate rights and interests.
    Judicial administrative organs in accordance with section v of the law on notary and related laws, rules, regulations, supervision and guidance of the notary. Article sixth of Notary Association Notary industry self-regulatory organization.
    Notary Association in accordance with the law on notary and regulations, supervision of the notarial practice.
    Chapter II establishment of the notarial examination and approval article seventh notaries, judicial administrative organs of provinces, autonomous regions and municipalities for examination and approval. Article eighth of notarial institutions in the County, is not divided into districts, districts, municipalities or municipal district set up; in the districts of cities and municipalities may establish one or more notaries.
    Notarial Office not in layer upon layer of administrative division was established.
    Nineth of provinces, autonomous regions and municipalities directly under the principle of judicial administrative organs shall, in accordance with the notarial Office set up, considering the level of local economic and social development, population, traffic conditions and the actual demand for notarization of, to be notary setting their respective administrative areas, and can be based on local conditions and notary needs on setting adjustments to the programme.
    Notarial office setting include: sets the basis for programming, notarial Office settings and layout arrangement, notary practising zoning arrangements, notarial Office sets the total amount and distribution arrangements.
    Notary setting adjustments to the programme and the programmes shall be approved by the Ministry of Justice.
    Article tenth notarial practice can the following zones for the Division: (a) the County area of the city, city not divided into districts, municipal districts, (ii) the city divided into districts and municipalities directly under the jurisdiction or the jurisdiction of all municipal districts of the city.
    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.
    Article 11th notary, shall satisfy the following conditions: (a) has its own name, (ii) have a fixed place; (c) at least two notaries; (d) the funds necessary to conduct notary business.
    Establish a notary shall meet the requirement of notarial institutions approved by the Ministry of Justice set up programmes.
    12th head of the notary shall have at least three years experience of practicing notary elected, approved by the local administration of justice authorities, and chain of the province, autonomous region, or municipality directly under the administration of justice authorities for the record.
    13th notaries amount of start-up capital, determined by the judicial administrative organs of provinces, autonomous regions and municipalities.
    Article 14th notarial institution, formed by the local administration of justice authorities step by step to the province, autonomous region, or municipality directly under the administration of justice authorities.
    Application established notary institutions, should submitted following material: (a) established notary institutions of application and formed report; (ii) intends used of notary institutions name; (three) intends any notary member list, and resume, and identity card copies and meet served as notary Member conditions of proved material; (four) intends elected of notary institutions head of situation description; (five) opened funds proved; (six) Office places proved; (seven) other need submitted of material.
    Establishment of notarial offices need to be equipped with the new notaries should be in accordance with the law on notary and the conditions and procedures prescribed by the Ministry of Justice and submitted to the audit, appointment. 15th of provinces, autonomous regions and municipalities directly under the judicial administrative organs shall from the date of receipt of the application materials in the 30th for completing the scrutiny, approved or not approved the establishment of the decision.
    Grant established by notarial practicing certificate issued; to disallow the establishment, shall inform the rejected in its decision, the reasons.
    Approved the establishment of decision of the notary public, shall be submitted to the Ministry of Justice for the record. 16th notary name change, Office space, according to the local notarial Office setting adjustment programmes Division, merger or change of practice areas, should be approved by the judicial administrative organs, where after step by step change of province, autonomous region, or municipality directly under the administration of justice authorities for approval.
    Alteration of the approved, shall be submitted to the Ministry of Justice for the record.
    Charge for change of notary, after they have been approved by the local administration of justice authorities step by step to the province, autonomous region, or municipality directly under the administration of justice authorities for the record.
    17th a province, autonomous region, or municipality directly under the administration of justice authorities approved the establishment of civil institutions, as well as vital changes to the notary, should be made in the approval decision within 20th at the provincial level shall be announced on the press.
    Regularly compiled by the Ministry of justice nationwide notary public directory. Chapter three notary name and practising certificate management article 18th notary referred to notary's Office.
    According to notary institutions set of different situation, respectively used following way Crown name: (a) in County, and not set district of city established notary institutions of, Crown name way for: province (autonomous regions, and municipalities) name + this county, and city name + notary; (ii) in set district of city or its District established notary institutions of, Crown name way for: province (autonomous regions) name + this city name + font size + notary; (three) in municipalities or its District established notary institutions of, Crown name way for: municipalities name + font size + notary. 19th notary's name, you should use the national language.
    Name of the notary in the autonomous areas, the national language of the common use in the locality.
    Notary in the name of the font size shall be made up of two or more words, and no province, autonomous region and municipalities established by a notarial Office in the name of the font size are identical or similar.
    Notary name and the contents of text shall conform to the relevant regulations of the State.
    20th notary's name, by the judicial administrative organs of provinces, autonomous regions and municipalities for the notarization institutions or modification of approval shall be approved.
    Notary approved name is privileged.
    21st notarial practicing certificate is a notary approval and practising certificate. Notarial practicing certificate shall set forth the following: notary name, person in charge, Office space, practice areas, certificate number, date of certification, examination and approval authority. Notarial practicing certificate includes an original and a copy. Original used to hang in the Office place, copy for identification.
    Copy of the original and has the same legal effect. Notarial practicing certificate made centrally by the Ministry of Justice.
    Certificate no measures shall be formulated by the Ministry of Justice. 22nd notarial practicing certificate shall not be altered, lent, mortgaged or transferred.
    Notarial practicing certificate is damaged or lost, by the notarial Office reported to the judicial administrative organs, where the ranks of provinces, autonomous regions and municipalities directly under the administration of Justice apply for renewal or reissue.
    Article 23rd notary name change, Office premises, person in charge, area of practice, or split, merge, should be reported to the approval at the same time, applications for renewal of notary practising certificates.
    Notarial Office was ordered to stop the punishment, during the rectification, the notarial practicing certificate shall be paid into the seat of judicial administrative bodies.
    Fourth chapter 24th judicial notary practice supervision and inspection organization of the administrative organs in accordance with the notarial building, team building, practice activities, quality control, supervise the implementation of internal management.
    25th article province, and autonomous regions, and municipalities judicial administrative organ on notary institutions of following matters implementation supervision: (a) notary institutions keep statutory established conditions of situation; (ii) notary institutions implementation should approval or record matters of situation; (three) notary institutions and notary member of practice industry situation; (four) notary quality of monitoring situation; (five) legal, and regulations and Ministry of Justice provides of other supervision check matters.
    26th article set district of city and notary institutions location judicial administrative organ on local notary institutions of following matters implementation supervision: (a) Organization construction situation; (ii) practice industry activities situation; (three) notary quality situation; (four) notary Member practice industry annual assessment situation; (five) archives management situation; (six) financial system implementation situation; (seven) internal management system construction situation; (eight) Ministry of Justice and province, and autonomous regions, and municipalities judicial administrative organ requirements for supervision check of other matters.
    27th notary shall establish and improve services, notarial records, finance, asset management systems, supervision of the notaries ' practice of established practice the fault responsibility investigation system.
    Notary shall strictly implement national notary fees.
    Notarization of notarial institutions shall, in accordance with the provisions in practice liability insurance. 28th article notary institutions should law carried out notary practice industry activities, shall not has following behavior: (a) for not real, and not legal of matters issued public certificate; (ii) damage, and tampered with notary instruments or notary archives; (three) to denigrated other notary institutions, and notary member or paid rebate, and Commission, not due means race Range Rover notary business; (four) leaked in practice industry activities in the knows of national secret, and commercial secret or personal privacy; (five) violation provides of charges standard charged notary fee; (six) legal, and Regulations and other acts prohibited by the Ministry of Justice.

    29th a notary shall, in accordance with the provisions of article 25th of notarial law, provinces, autonomous regions and municipalities within the area of practice approved by the judicial administrative organs accepted notarial business.
    Notarial offices shall, in accordance with article 30th of provinces, autonomous regions and municipalities directly under the provisions of the judicial administrative organs, completing the notarial business statistics on a regular basis, before February 1 of each year to the local administration of Justice and submit annual work report of the notary.
    Annual work report should be true, full reflections of the notarial Office last year to carry out notarial, notarial quality monitor, observe professional ethics and practice discipline of notaries, notary fees, such as financial management, internal system conditions.
    Notarial business statistics statistical projects and styles, developed by the Ministry of Justice. 31st notary by judicial administrative organs in the first quarter of the year, where annual appraisal. The annual assessment shall be in accordance with the law on notary requirements and oversight matters stipulated in this article 26th, review the annual report on the work of notaries, combined with the daily supervision and inspection in understanding of the situation, by the local administration of justice authorities to the notarial Office of annual practising comprehensive assessment and management.
    Examination grades and standards, developed by the Ministry of Justice.
    Results of the annual appraisal, shall notify the notary, and the judicial administrative organs at a higher level for the record.
    Article 32nd notary shall set forth the respective notaries ' practice of annual assessment.
    Notary annual evaluation by the seat of the head of the judicial administrative organs.
    33rd the notarial Office of one of the following circumstances exists, seat of the administration of Justice focused supervision and inspection authorities shall: (a) complaints or reports; (b) the practice has a bad record; (c) not keep statutory requirements; (d) found that serious problems of internal management of the annual appraisal.
    34th judicial administrative organs conducting supervision and inspection, can be a notary on-site inspections, asked the notary and notary to indicate the situation, access to notary and notarial archives related material, related units and personnel to investigate and verify the situation.
    Notary and notary shall be subject to judicial supervision and inspection of the implementation of administrative organs in accordance with the truthful description of the situation, to provide relevant information, shall not misrepresent, conceal, falsify, destroy relevant evidence.
    35th judicial administrative organs shall establish a notary public establishment, change, for the record, the annual appraisal, violation penalties, rewards and other aspects of practice archive.
    Fifth chapter legal liability article 36th notary Notary Act 41st, 42nd, one of the acts listed in article of the province, autonomous region, or municipality directly under the administration of justice authorities or districts, judicial administrative organs in accordance with the provisions of the law on notary, will be punished.
    Notary public in violation of the law on notary article 25th across practice areas receive notarial business, the local or district of the municipal judicial administrative organs to stop and order the correct.
    37th judicial administrative organs to the notarial illegal imposition of administrative penalty shall be in accordance with the relevant laws, regulations and provisions relating to administrative penalty procedures for the Ministry of Justice. 38th judicial administrative organs to a notary before you make a decision of administrative penalty shall be informed of violations identified by the facts, the reasons and basis for punishment, and informs its rights according to law. Verbal, a record shall be kept.
    Notary right to State and defend the right to apply for a hearing in accordance with law.
    Notary refuses to accept the administrative penalties may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law. 39th judicial administrative organs in the process of conducting supervision and inspection and annual appraisal, find a notary there are violations or receive a complaint or information, shall promptly initiate an investigation, comprehensive, objective and impartial facts and collect evidence.
    Notarial offices shall be filed with the investigating authorities surveyed truthfully state the facts, providing related materials.
    40th judicial administrative organs investigated and dealt with violations of the notary may entrust Notary Association Notary violations to be investigated, verified.
    Commissioned as a notary public association shall ascertain facts and verify evidence, and to the recommendation of the judicial administrative organs imposing administrative penalty.
    41st Notary Association according to regulations and relevant industry standards, notarial acts in violation of norms of practice and practice disciplines, depending on their circumstances, punishment imposed for their industry.
    Notarization of notarial associations in dealing with breaches of practice norms and behaviour in the course of practice, found in accordance with the provisions of the law on notary should be given administrative punishment, should be submitted to the jurisdiction of the judicial administrative organs.
    42nd 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.
    43rd judicial administrative organs and their staff in the presence of notary set up approval, notarial practicing certificate management, exercise supervision over notarial examination, annual evaluation process, with abuse of power, negligence, malpractice and interfere with the notarial acts independently exercise notarial functions, shall be investigated for responsibility of administrative responsibility constitutes a crime, criminal responsibility shall be investigated according to law.
    Sixth chapter supplementary articles article 44th notarial Office seat of the administration of Justice in these measures refers to provisions under the local notarial Office set programme, is responsible for the formation of the notary and the responsibility for day-to-day supervision and guidance functions against the judicial administrative organs.
    45th of the law on notary and notarial institutions established before the implementation of these measures, its settings, layout, name, practice area and management is incompatible with the civil provisions of the Act and these rules, by judicial administrative organs of provinces, autonomous regions and municipalities to develop adjustment programmes, after the approval of the Ministry of justice organization.
    46th article of the approach by the Ministry of Justice explained.
                                                                        47th article of the rules take effect on March 1, 2006.

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