Notary Practice Management Approaches

Original Language Title: 公证员执业管理办法

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(March 14, 2006 the Ministry of justice the 102th release come into force on the date of promulgation) Chapter I General provisions article first notary's Office in order to strengthen the 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.
    Second notary is subject to the conditions provided for in the law on notary, legal office procedures, obtain notaries practising certificates, notarization of notarial business practitioners. Notaries are equipped with number, the settings according to the notary and notarial needs to be determined.
    Notary is equipped with programmes, prepared by the judicial administrative organs of provinces, autonomous regions, municipalities and approved, reported to the Justice Department filing.
    Practising notaries in accordance with article III, are protected by law and no unit or individual may illegally interfere.
    Notaries are entitled to remuneration, to enjoy insurance and welfare benefits; right to resign, complaints or charges; not because of statutory and non-statutory procedures, not to be dismissed or punished.
    Article fourth notary shall observe and abide by the professional ethics and practice discipline, to perform their notarial duties, keep practicing a secret.
    A notary shall join local and National Notary Association.
    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 notaries practising activities.
    Second chapter notary member served conditions seventh article served as notary Member, should has following conditions: (a) has People's Republic of China nationality; (ii) age 25 age above 65 age following; (three) fair decent, law-abiding, conduct good; (four) through national judicial exam; (five) in notary institutions internship two years above or has three years above other legal career experience and in notary institutions internship one years above, by assessment qualified.
    VIII article meet this approach seventh article subsection (a) items, and subsection (ii) items, and subsection (three) items provides, and has following conditions one of, has left original work post of, by assessment qualified, can served as notary Member: (a) engaged in law teaching, and research work, has senior titles of personnel; (ii) has undergraduate above degree, engaged in trial, and prosecutorial, and legal work, and legal service full 10 years of civil servants, and lawyer.
    Nineth under any of the following circumstances shall not act as a notary: (a) legal incapacity or restricted legal capacity, (ii) subjected to criminal punishment for an intentional crime or negligence of duty crime and (iii) have been dismissed, and (d) the practising certificate has been revoked.
    Notary office procedures Chapter III article in accordance with the conditions specified in article seventh person, which I apply recommended as demand, notary, notary, issued by the local administration of justice authorities review step by step to request the judicial administrative organs of provinces, autonomous regions and municipalities audited.
    Reported to the audit, should submitted following material: (a) served as notary Member applications; (ii) notary institutions recommended book; (three) applicants of identity card copies and personal resume, has three years above other legal career experience of, should while submitted corresponding of experience proved; (four) applicants of legal career qualification certificate copies; (five) notary institutions issued of applicants internship identification and location judicial administrative organ issued of internship assessment qualified views;
    (Vi) review of judicial administrative organs, where the applicant; (VII) other materials need to be submitted.
    11th article in accordance with the conditions specified in article eighth person, which I apply recommended as demand, notary, notary, issued by the local administration of justice authorities check step by step to request the judicial administrative organs of provinces, autonomous regions and municipalities audited. Reported to the audit, should submitted following material: (a) served as notary Member applications; (ii) notary institutions recommended book; (three) applicants of identity card copies and personal resume; (four) engaged in law teaching, and research work and has senior titles of proved, or has undergraduate above degree of proved and engaged in trial, and prosecutorial, and legal work, and legal service full 10 years of experience and the positions proved; (five) applicants has left original work post of proved; (six) location judicial administrative organ on applicants of assessment views
    And (VII) other materials need to be submitted. 12th of provinces, autonomous regions and municipalities directly under the judicial administrative organs shall from the date of receipt of the examination materials 20th to complete the examination.
    To meet the required conditions and outfit scheme about notaries, agreed with the audit observations of the applicant as a notary, fill in the notary office review request, submitted to the Ministry of Justice appointed does not meet the required conditions or notary is equipped with programmes, does not agree with the decision of the applicant as a notary, and notify the applicant and the local administration of justice authorities.
    13th Ministry of Justice shall receive a province, autonomous region, municipality directly under the administration of Justice submitted to the appointed date of notary materials in the 20th, making and issuing notary appointment decisions.
    View reported to the Ministry of Justice appointed have doubts or complaints received related materials or information, you can request review report to the appointing authority.
    14th province, autonomous region, or municipality directly under the administration of Justice authority shall receive the notary appointment issued by the Ministry of Justice decided to date in the 10th, notaries practising certificate issued to the applicant and informed of the local administration of justice authorities.
    15th notary change Practitioners Board, shall be subject to notary agreed and proposed appointment the notary notary recommended, report the approval of the judicial administrative organs, judicial administrative organs of provinces, autonomous regions and municipalities go through the change approval procedures.
    Notaries across provinces, autonomous regions and municipalities directly under the Executive institution of change, where the approval of the judicial administrative organs of provinces, autonomous regions and municipalities, by the proposed appointment of notary notary province, autonomous region, or municipality directly under the administration of justice authorities for changes to procedures.
    16th article notary Member has following case one of of, by location judicial administrative organ since determine the case occurred of day up 30th within, report province, and autonomous regions, and municipalities judicial administrative organ, by its drew attention to the Ministry of justice be removal: (a) lost People's Republic of China nationality of; (ii) years full 65 age or for health reasons cannot continues to perform positions of; (three) voluntary resigned from notary member positions of.
    Notaries practising certificate has been revoked, by the judicial administrative organs of provinces, autonomous regions, and municipalities directly to the Ministry of Justice to be removed from Office. Attention removal, should be submitted to the notary removed review request and meets the statutory removal of relevant supporting material is the subject.
    The Ministry of Justice shall be from the date it received attention of the removed material in the 20th, making and issuing notary removal decisions.
    17th judicial administrative organs of provinces, autonomous regions and municipalities shall be reported to the Ministry of Justice to appointment, dismissal or with the Executive institution of notary approved change shall, upon receipt of the appointment decisions or to approve the changes decided in the 20th, at the provincial level shall be announced on the press.
    Appointment or removal to the decision of the Ministry of Justice notary, should give them notice in national newspapers on a regular basis, and regularly prepared national directory of notaries.
    Fourth chapter notaries practising certificate management article 18th notaries practising certificates are serving notaries perform their statutory procedures in notary notary practice after the valid documents. Notaries practising certificate made centrally by the Ministry of Justice.
    Certificate no measures shall be formulated by the Ministry of Justice.
    Article 19th notaries practising certificates held by the notary himself and use may not be altered, mortgage, loan or transfer. Notaries practising certificate is damaged or lost, of which I applied, notary public to prove it, drew attention to the seat of judicial administrative organs of provinces, autonomous regions, municipalities directly under the administration of Justice apply for renewal or reissue.
    Practising certificate lost, by the notary in the provincial newspaper and declare it invalid.
    20th notary change practitioners body, approved by the judicial administrative organs of provinces, autonomous regions and municipalities, notary's practising certificate renewal.
    Notaries subject to stop practising penalties, stop during practice, notaries practising certificate should be paid into the seat of the administration of Justice.
    Notary public notary's practising certificate was revoked punishment or other legal cause be removed, shall withdraw its notaries practising certificate, by the judicial administrative organs of provinces, autonomous regions and municipalities to be cancelled.
    Fifth chapter notaries practising supervision 21st judicial administrative organs shall establish administrative supervision and management system, the notary Statute of the Association should be based on establishing and perfecting the system of industry self-regulation, and strengthen the supervision of notaries practising activities, shall maintain the notaries practising rights.
    Notarial Office should be established in accordance with the provisions of the 22nd article, improve the internal management system, to supervise the practice of notaries, notaries practising the fault responsibility investigation system established, establishing notary practice the annual evaluation system.
    Notaries notaries practising law should be facilitated and conditions to protect its legitimate rights and interests according to law while in Office. 23rd article notary Member should law perform notary duties, shall not has following behavior: (a) while in two a above notary institutions practice industry; (ii) engaged in has paid of other career; (three) for I and the near relatives handle notary or handle and I and the near relatives has interest relationship of notary; (four) privately issued public certificate; (five) for not real, and not legal of matters issued public certificate; (six) occupation, and misappropriated notary fee or occupation, and theft notary dedicated items; (seven) damage, and tampered with notary instruments or notary archives And (VIII) leak in practice knows State secrets, business secrets or personal privacy; (IX) laws, regulations and other acts prohibited by the Ministry of Justice.

    24th notary shall in the first month of the year of owning the notary legalization service the previous year and abide by the professional ethics and practice discipline of annual appraisal.
    Assessment results shall notify the notary, and report the judicial administrative organs for the record. Notarial Office in discharging their management responsibilities of the head of, the local judicial administrative organs for examination.
    Assessment results shall notify the head of the notary, and the judicial administrative organs at a higher level for the record.
    Annual evaluation, on prominent problems existing in the practice of notaries, notary shall order the rectification to the notary in charge of prominent problems existing in the management of, the local judicial administrative organs shall be ordered to correct.
    25th notaries and notarial institutions in charge of complaints and reports, in practice there are bad records or annual assessment finds problems, where justice should be focus on supervision and guidance of the executive authorities.
    Annual review found that problems of notaries and notary, head of the local or municipal judicial administrative organs of the district organization of specialized training.
    26th judicial administrative organs conducting supervision and inspection, you can check on the notary's legalization of business, requires notaries and notarial institutions about the situation, gather relevant materials and notarial archives, related units and personnel to investigate and verify the situation.
    Notaries and notarial offices shall not refuse the judicial administrative organs according to law, the supervision and inspection, shall not misrepresent, conceal, falsify, destroy relevant evidence. 27th notary shall be subject to the administration of justice bodies and civil society organizations to carry out vocational training.
    Notaries attend vocational training each year not less than 40 hours.
    Judicial administrative organs develop plans and programmes for vocational training of notaries, Notary Association specific implementation plans on a yearly basis, responsible for organization and implementation.
    Notaries notaries attend vocational training should be provided the necessary conditions and guarantees.
    28th seat of notaries practising the judicial administrative organs shall establish practising notary archives, notary's Office will audit appointments, results of the annual appraisal, supervision and inspection available information as well as rewards and punishments entered in practice archive.
    Notaries across regions or across provinces, autonomous regions and municipalities directly under the Executive institution of change, the original seat of practising judicial administrative organs should be to change the practice of the judicial administrative organs, where the surrender of the notary's practice archive.
    Sixth chapter legal liability article 29th notary Notary Act 41st, 42nd, as one of the acts listed in article by provinces, autonomous regions, municipalities or districts of the municipal judicial administrative organs in accordance with the provisions of the law on notary, will be punished.
    Notaries notaries practising certificate should be revoked according to law, shall be reported by the local administration of justice authorities step by step province, autonomous region, or municipality directly under the administration of justice bodies.
    Article 30th judicial administrative organs imposing administrative penalty on notary, should be in accordance with the relevant laws and regulations and justice provisions on procedures for administrative punishments.
    Judicial administrative organs to investigate violations of the notary may entrust Notary Association Notary violations to be investigated, verified. 31st judicial administrative organs in the notary before making a decision of administrative penalty, it shall notify the identified violations of the facts, the reasons and basis for punishment, and informs its rights according to law. Verbal, a record shall be kept.
    Notaries are entitled to make statements and to defend themselves, the right to apply for a hearing in accordance with law.
    Notary refuses to accept the decision on administrative penalty may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.
    Article 32nd Notary Association according to regulations and relevant industry standards, of notary acts in violation of professional ethics and practice discipline, depending on the seriousness of punishment imposed for their industry.
    Notary Association notary to investigate violations of professional ethics and practice discipline in the process, 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.
    Article 33rd notary at fault parties, civil matters the losses caused by the interested, the notarial compensation according to law, to have recourse against the intentional misconduct or gross negligence of the notary.
    Article 34th obtained through fraud, bribery or other improper means notary appointments and notaries practising certificate, verified, by provinces, autonomous regions, municipalities directly under the administration of justice organs, the Ministry of Justice to withdraw the original decision, and to collect, cancel its notaries practising certificates.
    35th judicial administrative organs and their staff in the notary appointments and dismissals, notary practising certificate management, notary practising activities in the process of conducting supervision and inspection, with abuse of power, negligence, malpractice and interfere with the lawful practice of notaries, shall be investigated for responsibility of administrative responsibility constitutes a crime, criminal responsibility shall be investigated according to law.
    Seventh chapter schedule 36th article notary Member equipped with programme, should pursuant to Ministry of Justice about notary industry of general development planning and requirements, according to local notary institutions set, and layout of arrangements, and notary practice industry regional divided of arrangements, and notary business General needs and area distribution situation, and local economic social development and population status, combined notary Member annual do card number and do card capacity, be prepared and approved, and can according to local situation and notary needs of changes for adjustment. 37th notaries practising annual assessment of specific measures formulated by the judicial administrative organs of provinces, autonomous regions and municipalities.
    Assessment methods should include the principles of assessment, evaluation, assessment of grades and standards, assessment procedures and schedules.
    38th article of the law on notary and before the implementation of these measures has acted as notary, notary duties remain in force, application of the law on notary and the approach to management.
    Notary practising in 39th article of the rules where the administration of Justice, is responsible for the formation of the notary is a member of the notarial, and imposed on the notary and notary daily supervision and guidance functions of judicial administrative organs.
    40th article of the approach by the Ministry of Justice explained. 41st article this way as of the date of promulgation.
                                                          Released on June 2, 1995, the Ministry of Justice of the People's Republic of China registered notaries regulations (Department of Justice, 39th) repealed simultaneously.

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