Chapter I General Provisions
Article 1 These Rules are formulated in accordance with the Notary Law of People's Republic of China (PRC) (hereinafter referred to as the Notary Law) and relevant laws and administrative regulations in order to standardize the notarization procedures and ensure the quality of notarization.
Article 2 A notarization institution shall abide by the law, adhere to the principles of objectivity and impartiality, and abide by the norms and disciplines of notarization practice.
Article 3 A notarization institution shall independently exercise its notarization function according to law and bear civil liability. No unit or individual may illegally interfere, and their legitimate rights and interests are inviolable.
Article 4 A notarization institution shall, in accordance with the provisions of the Notarization Law, accept notarization applications, handle notarization business and issue notarial certificates in its own name.
Article 5 A notary shall be appointed by the notary office, handle notarization business in accordance with the procedures stipulated in the Notary Law and these Detailed Rules, and sign the notarial certificate issued.
In accordance with the provisions of the Notary Law and these Detailed Rules, no other staff of the notary office may be assigned to handle matters that need to be handled by the notary himself in the process of notarization.
Article 6 Notary institutions and notaries shall not engage in acts prohibited by Articles 13 and 23 of the Notary Law.
Other staff members of notarization institutions and relevant personnel who are in contact with notarization business in accordance with these rules shall not disclose state secrets, business secrets or personal privacy that they know in participating in notarization business activities.
Article 7 A notarization institution shall establish and improve a notarization business management system and a notarization quality management system, and supervise the practice of notaries.
Article 8 The judicial administrative organs shall, in accordance with the provisions of the Notary Law and these Rules, supervise and guide notaries and their practice activities and compliance with procedural rules. According to the articles of association and industry norms, the Notary Association shall supervise notaries' practice activities and their compliance with procedural rules.
Chapter II Notarial Parties
Article 9 A notarization party refers to a natural person, legal person or other organization that has an interest in notarization matters, applies for notarization to a notarization institution in its own name, and enjoys rights and assumes obligations in notarization activities.
Article 10 A person without or with limited capacity for civil conduct shall apply for notarization by his guardian.
A legal person applying for notarization shall be represented by its legal representative.
Other organizations applying for notarization shall be represented by their responsible persons.
Article 11 A party may entrust others to apply for notarization, but the application for notarization matters such as will, bequest and support agreement, gift, paternity test right, adoption relationship, dissolution of adoption relationship, living conditions, entrustment, declaration and guarantee that are closely related to natural persons shall be made by himself.
Notaries and other staff members of notarization institutions may not apply for notarization in this notarization institution on behalf of the parties.
Twelfth Hongkong, Macao, Taiwan Province, the parties entrust others to bid for inheritance, property rights and interests disposal, personal relationship change and other important notarization matters. , the power of attorney shall be notarized by the notary office (institution) at the place of residence, or certified by the institution or personnel designated by the Ministry of Justice.
If a party living abroad entrusts others to bid for the important notarization matters specified in the preceding paragraph, the power of attorney shall be notarized by the notary office (institution) of his domicile and the Chinese embassy (consulate) abroad.
Chapter III Notarization Business Fields
Article 13 The notarization practice area refers to the geographical area designated by the judicial administrative organs of provinces, autonomous regions and municipalities directly under the Central Government to accept the notarization business of notarization institutions in accordance with the provisions of Article 25 of the Notarization Law and Article 10 of the Measures for the Administration of the Practice of Notary Institutions, as well as the planning for the establishment of local notarization institutions.
The practice area of notarization institutions shall be approved by the judicial administrative organs of provinces, autonomous regions and municipalities directly under the Central Government when examining and approving the establishment or change of notarization institutions.
A notarization institution shall accept notarization business within the approved practice area.
Fourteenth notarized matters shall be accepted by the notary office of the domicile, habitual residence, behavior or fact of the party concerned.
Notarization matters involving real estate shall be accepted by the notary office where the real estate is located; The provisions of the preceding paragraph may apply to notarization matters such as entrustment, declaration, gift and will of real estate.
Article 15 Where two or more parties apply for the same notarial certificate, they may * * * go to the place where the act occurred or where one of the parties has a domicile or habitual residence.
Article 16 Where a party submits an application to two or more notaries that can accept notarization, the notarization institution that accepts the application first shall handle it.
Chapter IV Application and Acceptance
Seventeenth natural persons, legal persons or other organizations to apply for notarization, should fill in the notarization application form. The notarization application form shall contain the following contents:
(a) the basic information of the applicant and his agent;
(2) Matters to be notarized and the purpose of the notarial certificate;
(3) the name of the document applying for notarization;
(four) the name and number of documents submitted and the name, address and contact information of the relevant witnesses;
(5) Date of application;
(six) other circumstances that need to be explained.
The applicant shall sign or seal the application form. If the application form cannot be signed or sealed, it shall be handprinted by itself.
Eighteenth natural persons, legal persons or other organizations to apply for notarization, shall submit the following materials:
(a) the identity certificates of natural persons, legal persons and their legal representatives, other organizations and their responsible persons;
(2) Where an application is entrusted to another person as an agent, the agent shall submit the power of attorney of the party concerned, and the legal agent or other agent shall submit the power of attorney;
(3) documents for notarization;
(four) the certification materials for notarization, which involve property rights, shall submit the relevant property rights certificates;
(5) Other materials related to notarization.
Nineteenth meet the following conditions of the application, the notary office can accept:
(a) the applicant has an interest in the notarization;
(two) there is no dispute between the applicants on notarization matters;
(3) Matters applying for notarization fall within the scope stipulated in Article 11 of the Notarization Law;
(4) The matters applied for notarization are in conformity with the provisions of Article 25 of the Notarization Law and the scope within which the notarization institution can accept notarization business in its practice area.
Matters that should be notarized according to the provisions of laws and administrative regulations meet the conditions specified in items 1, 2 and 4 of the preceding paragraph, and the notarization institution shall accept them.
The notarization institution shall not accept the application that does not meet the conditions stipulated in the first and second paragraphs of this article, and notify the applicant. If the application is not accepted because it does not meet the requirements of item (4) of the first paragraph of this article, the applicant shall be informed to apply to a notarization institution that can accept notarization.
Article 20 After accepting an application for notarization, a notarization institution shall issue a notice of acceptance to the applicant. The applicant or his agent shall sign the receipt.
Article 21 After accepting an application for notarization, a notarization institution shall inform the parties of the legal significance and possible legal consequences of applying for notarization, and inform them of their rights and obligations in the process of notarization. The content, method and time of the notice shall be recorded.
Article 22 After accepting an application for notarization, a notarization institution shall collect notarization fees from the parties concerned in accordance with regulations. After the completion of notarization, if the approved notarization fee is inconsistent with the amount received in advance, it shall be refunded or supplemented.
For the parties who meet the conditions of legal aid, the notarization institution shall reduce or exempt the notarization fee in accordance with the regulations.
Article 23 After accepting an application for notarization, a notarization institution shall designate notaries to undertake notarization and notify the parties concerned. If a party requests a notary to withdraw, and it is found that it should be withdrawn as stipulated in the third paragraph of Article 23 of the Notary Law, the notary office shall reassign other notaries to undertake it.
Chapter V Review
Article 24 After accepting an application for notarization, a notarization institution shall examine the following matters respectively according to the rules for handling different notarization matters:
(a) the number, identity, qualifications and corresponding rights of the parties applying for notarization;
(2) Whether the parties' expression of will is true;
(three) whether the contents of the documents applied for notarization are complete, whether the meaning is clear, and whether the signatures and seals are complete;
(4) Whether the certification materials provided are true, lawful and sufficient;
(5) Whether the matters applied for notarization are true and lawful.
Twenty-fifth parties shall truthfully explain to the notary public the relevant information about the matters for notarization, and the certification materials submitted shall be true, legal and sufficient.
In the process of examination, if the notary public has doubts about the authenticity and legality of the notarization, and thinks that the explanations or supporting materials provided by the parties are insufficient, incomplete or in doubt, it may require the parties to make explanations or supplement supporting materials.
If the parties refuse to explain the relevant information or supplement the supporting materials, it shall be handled in accordance with the provisions of Article 48 of these Rules.
Twenty-sixth in the process of examination, a notary office shall verify the matters applied for notarization and the certification materials provided by the parties in accordance with the relevant identification rules, or in doubt, it may entrust a notary office in a different place to verify. The relevant units or individuals shall provide assistance according to law.
Twenty-seventh notaries can use the following methods to verify the relevant information and certification materials of notarization matters:
(1) Asking the parties and interested parties of notarization;
(2) verification by questioning witnesses;
(three) to understand the relevant situation from the relevant units or individuals or to verify and collect relevant documentary evidence, material evidence, audio-visual materials and other supporting materials;
(four) through on-site inspection and verification;
(5) Entrust professional institutions or professionals to conduct identification, inspection, testing and translation.
Twenty-eighth notary public institutions shall abide by the relevant laws and regulations and the provisions of the relevant accreditation rules.
If the notary office sends personnel to go out for verification, it shall be conducted by two people, except for verification and collection of documentary evidence. Under special circumstances, if only one person goes out to verify, there should be witnesses present.
Twenty-ninth through the way of inquiry to the parties, interested parties or relevant witnesses to understand and verify the relevant notarization information and certification materials, it should be informed of the rights, obligations and legal responsibilities of the respondent. The contents of the inquiry shall be recorded.
The record of inquiry shall specify: the date and place of inquiry, the inquirer, the recorder, the reason of inquiry, the basic information of the person being inquired, the content of notification, the content of inquiry conversation, etc.
The record of inquiry shall be signed, sealed and fingerprinted by the person being questioned after verification. The amendment in the transcript shall be signed or fingerprinted by the person being questioned.
Article 30 If it is necessary to extract, copy (duplicate) relevant materials, original vouchers and archival materials or take photos and make written descriptions of material evidence when verifying or collecting certification materials related to notarization matters from the parties, interested parties, witnesses or relevant units and individuals, the extracted and copied materials, photos and textual descriptions of material evidence shall be consistent with the original or material evidence, and shall be kept by the owner of the materials, original vouchers, material evidence or archives.
Thirty-first on-site inspection of notarization matters and relevant certification materials shall be made, and the inspection records shall be signed or sealed by the inspectors and witnesses. When necessary, drawings, photographs, videos or audio recordings may be made of the inquest or material evidence.
Article 32 If it is necessary to entrust a professional organization or professional personnel to identify, inspect and translate the documents applied for notarization or the certification materials of notarization matters, it shall inform the parties concerned to entrust them, or obtain the consent of the parties concerned to handle them on their behalf. Appraisal opinions, inspection conclusions and translation materials shall be sealed and signed by relevant professional institutions and personnel who undertake appraisal, inspection and translation.
The expenses for entrusted appraisal, inspection and translation shall be paid by the parties concerned.
Article 33 Where a notarization institution entrusts a notarization institution in a different place to verify notarization matters and relevant certification materials, it shall issue a power of attorney and put forward clear requirements for matters and contents to be verified. The entrusted notarization institution shall complete the verification within one month after receiving the power of attorney. If it cannot be completed or verified for some reason, it shall notify the notarization institution entrusted with verification within the above-mentioned time limit.
Article 34 If a notarization institution considers that the contents of the documents applying for notarization are incomplete and inaccurate during the examination, it shall order the parties concerned to make corrections or amendments. If a party refuses to make corrections or amendments, it shall indicate it in the work record.
At the request of the parties, the notarization institution may draft and modify the documents applying for notarization on its behalf.
Chapter VI Issuance of Notarial Certificate
Article 35 If a notarization institution considers that the matters applied for notarization are in conformity with the provisions of the Notarization Law, these Rules and relevant identification rules, it shall issue a notarial certificate to the parties within 15 working days from the date of acceptance.
Due to force majeure, supplementary certification materials or the need to verify relevant information, the time required shall not be counted within the time limit specified in the preceding paragraph, and the parties concerned shall be informed in time.
Article 36 The notarization of a civil juristic act shall meet the following conditions:
(a) the parties have the qualification to engage in the act and the corresponding capacity for civil conduct;
(2) The intention of the parties is true;
(3) the content and form of the behavior are legal and do not violate social morality;
(4) Other conditions stipulated by the notarization law.
Where there are special requirements for notarization rules of different civil legal acts, those provisions shall prevail.
Article 37 To notarize facts or documents with legal significance, the following conditions shall be met:
(1) The fact or document has an interest in the party concerned;
(2) The facts or documents are true and correct;
(3) The contents and forms of facts or documents are legal and do not violate social morality;
(4) Other conditions stipulated by the notarization law.
If there are special requirements for notarization rules of different facts or documents with legal significance, those provisions shall prevail.
Article 38 The signature, seal and date of a document shall be notarized, and the signature, seal and date shall be accurate and true; The notarization of photocopies and photocopies of documents shall be consistent with the original contents.
Article 39 The notarization of creditor's rights documents with enforcement effect shall meet the following conditions:
(1) Creditor's rights documents are about the payment of money, goods or securities;
(two) the relationship between creditor's rights and debts is clear, and the creditor and debtor have no doubt about the payment content of the creditor's rights certificate;
(3) The creditor's rights document contains a promise that the debtor is willing to accept enforcement when the debtor fails to perform or improperly performs his obligations;
(4) Other conditions stipulated by the notarization law.
Article 40 For notarization matters that conform to the provisions of the Notary Law, these Detailed Rules and relevant identification rules, the notary undertaking notarization shall make a notarial certificate, together with documents requiring authentication, documents provided by the parties, materials for verifying the situation and notarization audit opinions, and submit it to the person in charge of the notarization institution or a notary designated by it for examination and approval. Except for notarization matters that do not need approval according to regulations.
The person in charge of the notarization institution or the notary designated for examination and approval shall not examine and approve the notarization matters undertaken by himself.
Article 41 The following contents shall be examined when examining and approving notarial matters and issuing notarial certificates:
(1) Whether the matters applied for notarization and their documents are true and legal;
(2) Whether the certification materials of notarization matters are true, lawful and sufficient;
(3) Whether the accreditation procedure complies with the provisions of the Notary Law, these Rules and relevant accreditation rules;
(4) Whether the content, expression and format of the notarial certificate to be issued comply with the relevant provisions.
The examination and approval of major and complicated notarization matters shall be submitted to the notarization institution for collective discussion before examination and approval. The discussion and opinions formed shall be recorded.
Article 42 A notarial certificate shall be made in the format prescribed by the Ministry of Justice. The notarial certificate includes the following main contents:
(1) Notary certificate number;
(2) Basic information about the parties and their agents;
(3) notarized testimony;
(four) the notary signature (signature and seal) and stamped with the notary seal;
(5) Date of issue.
A notarized document is a part of the notarial certificate.
Where the relevant certification rules have special requirements on the format of notarial certificate, such provisions shall prevail.
Article 43 A notarial certificate shall use the language commonly used throughout the country. In ethnic autonomous areas, according to the requirements of relevant parties, local commonly used national language texts can be produced at the same time. Both texts are equally authentic.
Notarial certificates sent to Hongkong, Macao and Taiwan Province Province shall be written in the language commonly used throughout the country.
Notarial certificates sent abroad for use shall be written in the language commonly used throughout the country. According to the needs and requirements of the parties, the notarial certificate may be accompanied by a foreign language translation.
Article 44 The notarial certificate shall take effect as of the date of issuance.
For notarized matters requiring examination and approval, the date of approval by the approver is the date of issuance of the notarial certificate; For notarized matters that do not require examination and approval, the date of issuance of the notary is the date of issuance of the notarial certificate; If the on-site supervision notarization needs to read the notarial certificate on the spot, the date of reading is the date when the notarial certificate is issued.
Article 45 The original notarial certificate issued by a notarization institution shall be held by both parties, and several copies may be made according to the needs of the parties. The notary office shall keep the original notarial certificate (draft for approval and issued draft), and one original shall be filed.
Article 46 After the notarial certificate is issued, it may be collected by the parties or their agents at the notary office, or delivered by the notary office at the request of the parties. The parties concerned or their agents shall sign the notarial certificate on the receipt.
Article 47 If a notarial certificate requires consular certification, the notary office may handle the notarial certificate on its behalf according to the relevant regulations or the entrustment of the parties, and the required expenses shall be paid by the parties.
Chapter VII Notarization and Termination of Notarization
Article 48 A notarization institution shall not handle notarization under any of the following circumstances:
(1) A person without civil capacity or with limited civil capacity has no guardian to apply for notarization;
(two) the parties have no interest in the matters for notarization;
(three) the notarization matters belong to professional technical appraisal and evaluation;
(four) there is a dispute between the parties about the application for notarization;
(five) the parties fabricate or conceal facts, or provide false proof materials;
(six) the certification materials provided by the parties are insufficient and can not be supplemented, or refuse to supplement the certification materials;
(seven) the matters applied for notarization are untrue and illegal;
(eight) the application for notarization violates social morality;
(nine) the parties refused to pay the notary fee in accordance with the provisions.
Article 49 If notarization is not conducted, the notary shall write a written report and submit it to the person in charge of the notarization institution for examination and approval. The decision not to apply for notarization shall be notified in writing to the parties concerned or their agents.
If the notarization is not handled, the notarization institution shall, according to the reasons and responsibilities for not handling it, refund part or all of the notarization fees collected as appropriate.
Fiftieth notarization matters in any of the following circumstances, the notary public shall terminate the notarization:
(a) due to the reasons of the parties concerned, the notarization cannot be completed within six months;
(2) Before the notarization certificate is issued, the party concerned withdraws the notarization application;
(three) due to the death of the natural person who applied for notarization, the termination of the legal person or other organization, it is no longer possible to continue notarization or it is meaningless to continue notarization;
(four) the parties obstruct or hinder the notarization institutions and notaries in accordance with the prescribed procedures and time limit for notarization;
(5) Other circumstances that should be terminated.
Fifty-first termination of notarization, the notary shall write a written report and submit it to the person in charge of the notarization institution for examination and approval. The decision to terminate notarization shall be notified in writing to the parties concerned or their agents.
Where the notarization is terminated, the notarization institution shall, according to the reasons and responsibilities of the termination, refund part of the notarization fees that have been collected as appropriate.
Chapter VIII Special Provisions
Fifty-second notarization institutions shall handle on-site supervision notarization such as bidding, auction and lottery, and shall be handled by two people at the same time. The undertaking notary shall, in accordance with the relevant provisions, prove its authenticity and legality through prior examination and on-site supervision, read the notarial certificate on the spot, and serve the notarial certificate to the parties within seven days after reading it. The notarial certificate shall come into effect as of the date when it is read.
When handling on-site supervision notarization, the notary who undertakes the notarization shall immediately ask the parties to make corrections if they find that they are involved in fraud, engage in malpractices for selfish ends, violate the rules of activities, and violate national laws and relevant regulations; If the party concerned refuses to make corrections, it shall not be notarized.
Article 53 A notarization institution shall notarize the will by two persons. The undertaking notary shall handle it in person throughout the whole process.
Under special circumstances, when it can only be handled by a notary, a witness shall be invited to be present, and the witness shall sign or seal the inquiry record.
Article 54 When a notary office sends personnel to go out for notarization of evidence preservation, it shall be handled jointly by the notary office and the notary, and the notary undertaking notarization shall go out in person.
For the notarization of preserved evidence, if the notary who undertakes the notarization finds that the parties have obtained the evidence by means prohibited by laws and regulations, it shall not be notarized.
Article 55 If the debtor fails to perform or improperly performs the notarized creditor's rights documents with enforcement effect, the notarization institution may issue an enforcement certificate in accordance with relevant regulations upon the application of the creditor. The execution certificate shall be issued within the execution period stipulated by law.
The execution certificate shall specify the applicant, the person subjected to execution, the subject matter of the application for execution and the time limit for the application for execution. The part that the debtor has performed shall be deducted from the application for execution. Liquidated damages, overdue fines, interest, etc. The debts arising from the debtor's non-performance or improper performance may be included in the subject matter of application for execution at the request of the creditor.
Fifty-sixth in the process of performance, if there is a dispute over notarization matters, the notarization institution that issued the notarization certificate may mediate according to the request of the parties. After mediation, if the parties reach a new agreement and apply for notarization, the notarization institution may handle notarization; If mediation fails, the notarization institution shall inform the parties to bring a civil lawsuit to the people's court or apply to an arbitration institution for arbitration.
Chapter IX Notary Registration and Filing
Article 57 A notarization institution shall fill in a notarization register and establish a classified registration system when handling notarization.
The registered items include: the category of notarization, the name of the party (name), the name of the agent (representative), the date of acceptance, the undertaker, the approver (issuer), the method of closing the case, the date of closing the case, the number of the notarial certificate, etc.
The notarization register shall be filed every year and kept permanently.
Article 58 After a notary office issues a notarial certificate or decides not to handle notarization or terminate notarization, it shall complete the collection, sorting, filing and archiving of notarial documents and related materials within three months in accordance with the Provisions on the Administration of Filing of Notary Documents formulated by the Ministry of Justice and the State Archives Bureau.
Article 59 After a notarization institution accepts an application for notarization, the undertaking notary shall start the preparation for filing, collect relevant certification materials, and sort out the transcripts of inquiries and relevant materials for verifying the situation.
If the original certificate or material evidence cannot be attached, a copy of the original (copy), a photo of the material evidence and a written explanation shall be attached in accordance with the regulations.
Article 60 The notarized archives shall be divided into ordinary volumes and secret volumes according to the categories and contents of notarized matters, and shall be classified, filed and kept.
Notarized archives shall be kept for a specified period according to the types, uses and evidential value of notarized matters. There are three storage periods: short term, long term and permanent.
Notarization matters involving state secrets and wills are classified as secret volumes. After the death of the testator, the notarized files will be converted into ordinary volumes for preservation.
The discussion opinions and relevant explanations, replies and other materials on notarization matters within the notarization institution shall be bound into a secondary volume and kept together with the main volume.
Chapter X Handling of Notarization Disputes
Article 61 If a party thinks that the notarial certificate is wrong, he may apply to the notary office that issued the notarial certificate for reexamination within one year from the date of receiving the notarial certificate.
If an interested party in a notarial matter thinks that the notarial certificate is wrong, he may file a review with the notary office that issued the notarial certificate within one year from the date when he knew or should have known the notarial matter, unless he can prove that he did not know. The time limit for filing a review shall not exceed 20 years from the date when the notarial certificate is issued.
The application for reexamination shall be made in written form, stating the mistakes and reasons that the applicant thinks exist in the notarial certificate, putting forward specific requirements for revoking or correcting the notarial certificate, and providing relevant certification materials.
Article 62 After receiving the application for reexamination, the notary office shall designate a notary other than the original notary to conduct reexamination. The examination conclusions and handling opinions shall be reported to the person in charge of the notarization institution for approval.
Article 63 When conducting a review, a notary office shall verify the mistakes in the notarial certificate submitted by the applicant and the reasons, and deal with them in accordance with the following provisions:
(a) the contents of the notarial certificate are legal and correct, and the procedures are correct, and the decision to maintain the notarial certificate is made;
(2) If the contents of the notarial certificate are legal and correct, and only the testimony is expressed or the format is improper, the notarial certificate shall be withdrawn, corrected and reissued to the parties; If it cannot be restored, a notarial certificate of correction shall be issued separately;
(three) if the basic contents of the notarial certificate are illegal or inconsistent with the facts, a decision shall be made to revoke the notarial certificate;
(4) If part of the notarial certificate is illegal or inconsistent with the facts, a notarial certificate can be issued to correct it, and the contents of the certificate that are illegal or inconsistent can be revoked; You can also withdraw the notarial certificate, delete and correct the illegal or inconsistent parts, and then reissue them to the parties;
(five) the contents of the notarial certificate are legal and correct, but in the process of handling, there are violations of procedural provisions and lack of necessary procedures, and formalities shall be completed; If the notarization procedure cannot be completed or seriously violated, the notarization certificate shall be revoked.
The revoked notarial certificate shall be withdrawn and announced, and the notarial certificate shall be invalid from the beginning.
If the notary office revokes the notarial certificate, it shall report it to the local notary association for the record.
Article 64 A notarization institution shall complete the reexamination within 30 days from the date of receiving the application for reexamination, make a reexamination decision and serve it on the applicant. If it is necessary to revoke, correct or supplement the notarial certificate, it shall be completed within ten days after the decision of reexamination is made. The reexamination decision and notarial certificate after treatment shall be deposited in the original notarial file.
If the notarization institution handles the re-examination due to force majeure, supplementary certification materials or the need to verify relevant materials, the time required shall not be counted within the time limit specified in the preceding paragraph, but the longest time for supplementary certification materials or the need to verify relevant materials shall not exceed six months.
Article 65 If a notary discovers that the contents and handling procedures of the notarial certificate issued by him are in any of the circumstances specified in Item 2 to Item 5 of Article 63 of these Rules, he shall notify the parties concerned and handle it according to the provisions of Article 63 of these Rules.
Article 66 Where a notarial certificate is revoked, the notarial fee collected shall be handled in accordance with the following provisions:
(1) If the notarial certificate is revoked due to the fault of the notary office, all the notarial fees collected shall be returned to the parties concerned;
(2) If the notarial certificate is revoked due to the fault of the party concerned, the notarial fee collected will not be refunded;
(3) If the notarial certificate is revoked due to the fault of the notarization institution and the parties concerned, the notarial fee collected shall be refunded as appropriate.
Article 67 If a party or interested party to a notarial matter disagrees with the decision made by a notary public to revoke or not to revoke a notarial certificate, he may complain to the local notary association.
Measures for handling complaints shall be formulated by China Notary Association.
Article 68 If the parties or interested parties to a notarization matter have disputes over the substantive rights and obligations between the parties or between the parties and interested parties, the notary office shall inform them that they can bring a civil lawsuit to the people's court for the dispute.
Article 69 If a notary public and its notaries cause losses to the notary parties or interested parties due to their faults, the notary public shall bear the corresponding liability for compensation; After the compensation, the notary office can recover from the notary who has intentional or gross negligence.
In the event of a dispute between the parties, the interested parties in notarization matters and the notarization institution on fault liability and the amount of compensation, if negotiation fails, they may bring a civil lawsuit to the people's court or apply to the local notarization association for mediation.
Chapter II XI Supplementary Provisions
Article 70 Where the relevant certification rules have special provisions on the certification procedures of different notarization matters, those provisions shall prevail.
Article 71 Matters such as deposit, registration and custody accepted by notaries in accordance with Article 12 of the Notary Law shall be handled in accordance with relevant special provisions; If there are no special provisions, it shall be handled with reference to these rules.
Seventy-second notaries and notaries who violate the provisions of Articles 41 and 42 of the Notary Law and these Detailed Rules in the process of notarization shall be punished by the judicial administrative organ according to the Notary Law and the Measures for the Administration of Notary Practice; In violation of the norms of notarization industry, the notary association shall give corresponding industry sanctions.
Article 73 The Ministry of Justice shall be responsible for the interpretation of these Rules.
Article 74 These Rules shall come into force as of July 6, 2006. The Rules of Notarization Procedure (Order No.72 of the Ministry of Justice) issued by the Ministry of Justice on June 18, 2002 shall be abolished at the same time.
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