The "Notarization Procedure Rules" were reviewed and approved by the Ministry of Justice Executive Meeting on May 10, 2006, are hereby promulgated, and will come into effect on July 1, 2006. The "Notarization Procedure Rules" (Ministry of Justice Order No. 72) issued by the Ministry of Justice on June 18, 2002 are abolished at the same time. ?

Chapter 1

General Provisions

Article 1

In order to standardize the notarization procedure and ensure the quality of notarization, in accordance with the "People's **These rules are formulated in accordance with the provisions of the Notarization Law of the People's Republic of China (hereinafter referred to as the "Notarization Law") and relevant laws and administrative regulations. ?[2]?

Article 2

Notarization institutions shall abide by the law, adhere to the principles of objectivity and impartiality, and abide by notarization practice standards and practice disciplines when performing notarization.

Article 3

Notary institutions shall independently perform notarial functions in accordance with the law and bear civil responsibilities independently. No unit or individual may illegally interfere, and their legitimate rights and interests shall not be infringed upon.

Article 4

The notary institution shall, in accordance with the provisions of the Notary Law, accept notarization applications, handle notarization business, and issue notarization certificates in the name of the notary institution.

Article 5

Notaries are assigned by the notary institution to handle notarization business in accordance with the procedures stipulated in the "Notarization Law" and these rules, and sign the issued notarial certificate.

In accordance with the provisions of the "Notarization Law" and these rules, other staff members of the notary institution shall not be assigned to handle matters that must be handled by the notary in person during the notarization process.

Article 6

Notarization institutions and notaries shall not engage in acts prohibited by Articles 13 and 23 of the Notary Law when performing notarization.

Other staff of the notary office and relevant personnel who come into contact with the notarization business in accordance with these rules shall not disclose state secrets, business secrets or personal privacy that they learn while participating in the notarial business activities.

Article 7

Notary institutions shall establish and improve notarization business management systems and notarization quality management systems, and supervise the professional behavior of notaries.

Article 8

The judicial administrative organs shall, in accordance with the provisions of the Notary Law and these Rules, supervise and guide the practice activities of notary institutions and notaries and their compliance with procedural rules. The Notary Association supervises the practice activities and compliance with procedural rules of notary institutions and notaries in accordance with its charter and industry norms.

Chapter 2

Notarization parties

Article 9

Notarization parties refer to those who have an interest in the notarization matters and use their own A natural person, legal person or other organization that submits a notarization application to a notary institution in its name and enjoys rights and assumes obligations in notarization activities.

Article 10

A person without capacity for civil conduct or a person with limited capacity for civil conduct shall be represented by his or her guardian when applying for a certificate.

A legal person shall be represented by its legal representative when applying for a certificate.

Other organizations applying for certificates should be represented by their responsible persons.

Article 11

Parties may entrust others to apply for certificates on their behalf, but applications for wills, bequests and support agreements, gifts, parent-child adoption, adoption relationships, termination of adoption relationships, living conditions, entrustment , declarations, guarantees and other notarization matters that are closely related to the person of a natural person must be applied for in person.

Notaries and other staff of the notary office shall not apply for certificates at the notary office on behalf of the parties concerned.

Article 12

If a party residing in Hong Kong, Macao, or Taiwan entrusts others to apply for important notarization matters involving inheritance, disposition of property rights, changes in personal relationships, etc., the party concerned shall The power of attorney must be notarized by the notary (institution) in the place of residence, or certified by an institution or person designated by the Ministry of Justice.

If a party residing abroad entrusts another person to apply for important notarization matters specified in the preceding paragraph, his or her power of attorney shall be approved by the notary (institution) at the place of residence, the Chinese embassy (consulate) abroad notarization.

Chapter 3

Notarial practice area

Article 13

Notarial practice area refers to the jurisdiction of the provinces, autonomous regions and municipalities directly under the Central Government The administrative agency shall, in accordance with the provisions of Article 25 of the Notary Law and Article 10 of the Measures for the Management of the Practice of Notary Institutions and the local notary institution establishment plan, delineate the geographical scope of the notarial institution's acceptance of notarization business.

The practice area of ??a notary institution shall be determined by the judicial administrative organs of provinces, autonomous regions, and municipalities directly under the Central Government when handling the approval of the establishment or change of the notary institution.

The notary office shall accept notarization business within the approved practice area.

Article 14

Notarization matters shall be accepted by the notary institution at the domicile, habitual residence, place of conduct or the place where the facts occurred.

Notarization matters involving real estate shall be handled by the notary office in the location where the real estate is located; notarization matters involving entrustment, declaration, gift, and will of real estate shall be subject to the provisions of the preceding paragraph.

Article 15

If two or more parties apply for the same notarization matter at the same time, they may go to the place where the act was committed, the place where the facts occurred, or the residence of one of the parties. Apply to the notary office in your place of residence or habitual residence.

Article 16

If a party applies to more than two notary institutions that can accept the notarization matter, the notary institution that accepts the application first shall handle it.

Chapter 4

Application and Acceptance

Article 17

Natural persons, legal persons or other organizations apply to notary institutions for notarization , the notarization application form should be filled out. The notarization application form should specify the following contents:

(1) Basic information of the applicant and his agent;

(2) Matters applied for notarization and the purpose of the notarization certificate;< /p>

(3) The name of the document applied for notarization;

(4) The name and number of supporting materials submitted and the name, address and contact information of relevant witnesses;

(6) Other circumstances that need to be explained.

Applicants should sign or stamp the application form. If they are unable to sign or stamp, they must put their fingerprints on the application form.

Article 18

When a natural person, legal person or other organization applies for notarization, the following materials shall be submitted:

(1) Identity certificate of the natural person, identification certificate of the legal person Qualification certificate and the identity certificate of the legal representative, and the qualification certificate of other organizations and the identity certificate of the person in charge;

(2) If you entrust another person to apply on your behalf, the agent must submit a power of attorney from the party concerned, The legal agent or other agent must submit proof of agency authority;

(3) Documents applying for notarization;

(4) Documents proving the matters applied for notarization, involving property If there is a relationship, relevant property rights certificates must be submitted;

(5) Other materials related to the matters applying for notarization.

Article 19

Notarization agencies can accept applications that meet the following conditions:

(1) The applicant has an interest in the matter applied for notarization;

(2) There is no dispute between the applicants regarding the matters applied for notarization;

(3) The matters applied for notarization are within the scope of Article 11 of the "Notarization Law";< /p>

(4) The matter applied for notarization complies with the provisions of Article 25 of the Notary Law and the scope of notarization business that the notary institution can accept within its practice area.

If the matters that are required to be notarized according to laws and administrative regulations meet the conditions specified in the first, second and fourth items of the preceding paragraph, the notary institution shall accept the matter.

For applications that do not meet the conditions specified in paragraphs 1 and 2 of this article, the notary agency will not accept the application and notify the applicant. If the application is not accepted due to non-compliance with the provisions of Item 4 of Paragraph 1 of this Article, the applicant shall be informed to apply to a notary institution that can accept the notarization matter.

Article 20

After accepting the notarization application, the notary institution shall send an acceptance notice to the applicant. The applicant or his agent should sign for receipt.

Article 21

After accepting the notarization application, the notary office shall inform the parties of the legal significance and possible legal consequences of the matters applied for notarization, and inform them of their rights during the notarization process. rights and obligations. The content, method and time of notification shall be recorded and archived.

Article 22

After accepting the notarization application, the notary institution shall charge notarization fees from the parties in accordance with regulations. After the notarization is completed, if the approved notary fee is inconsistent with the amount received in advance, the procedures for refund or supplementary payment shall be processed.

For parties who meet the conditions for legal aid, the notary agency shall reduce or waive notarization fees in accordance with regulations.

Article 23

After accepting the notarization application, the notary institution shall appoint an attesting officer and notify the parties concerned. If the party requests the notary to withdraw, and it is found that the situation stipulates in Article 23, Paragraph 3 of the Notary Law, that the notary should be withdrawn, the notary institution shall assign another notary to handle the case.

Chapter 5

Review

Article 24

After the notary agency accepts the notarization application, it shall conduct the review according to the different notarization matters. The rules for applying for notarization shall examine the following matters respectively:

(1) The number, identity, qualifications and corresponding rights of the parties involved;

(2) Expression of intention of the parties Whether it is authentic;

(3) Whether the content of the document applying for notarization is complete, whether the meaning is clear, and whether the signature and seal are complete;

(4) whether the certification materials provided are authentic and legal , sufficient;

(5) Whether the matters applied for notarization are true and legal.

Article 25

The parties concerned shall truthfully explain to the notary institution the relevant circumstances of the matters applying for notarization, and the supporting materials submitted shall be true, legal and sufficient.

If during the review, the notary institution has doubts about the authenticity and legality of the matters applied for notarization, and if it believes that the description of the parties’ circumstances or the supporting materials provided are insufficient, incomplete or doubtful, it may request The parties concerned shall provide explanations or supplementary supporting materials.

If the party refuses to explain the relevant circumstances or supplement the supporting materials, it shall be handled in accordance with the provisions of Article 48 of these Rules.

Article 26

If during the review, the notary institution needs to verify the matters applied for notarization and the supporting materials provided by the parties in accordance with the relevant certification rules or has doubts about them, Verification should be carried out, or a non-local notary agency should be entrusted to verify it on your behalf. Relevant units or individuals shall provide assistance in accordance with the law.

Article 27

The notary agency may use the following methods to verify the relevant circumstances and supporting materials of the notarization matters:

(1) By questioning the parties, Verify the interested parties of the notarization matter;

(2) Verify by questioning witnesses;

(3) Learn the relevant information from relevant units or individuals or verify and collect relevant documentary evidence, physical evidence, Audio-visual materials and other supporting materials;

(4) Verification through on-site inspection;

(5) Entrusting professional institutions or professionals to identify, inspect and translate.

Article 28

The notary institution shall comply with relevant laws, regulations and relevant certification rules when conducting verification.

If the notary office sends personnel out for verification, it shall be carried out by two people, except for verification and collection of documentary evidence. Under special circumstances, if only one person goes out to verify, a witness should be present.

Article 29

When questioning the parties, interested parties in the notarization matter or relevant witnesses to learn about and verify the relevant circumstances and supporting materials of the notarization matter, the party concerned shall be informed Inquire about the rights, obligations and legal responsibilities of the inquirer. A transcript should be made of the content of the inquiry.

The interrogation record shall state: the date, location, interrogator and recorder, the reason for the interrogation, the basic information of the person being interrogated, the content of the notification, the content of the interrogation conversation, etc.

The interrogation record shall be signed, stamped, or fingerprinted by the person being questioned after verification. Modifications in the transcript shall be approved by the person being questioned with his/her seal or fingerprint.

Article 30

When verifying or collecting certification materials related to notarization matters from parties, interested parties, witnesses or relevant units or individuals in notarization matters, it is necessary to extract and copy them (Copying) relevant information, original certificates, archival materials or taking photos of physical evidence and making written descriptions and records, the excerpted, copied (copied) materials or photos and written descriptions of physical evidence should be consistent with the originals or physical evidence, and the materials, originals . The owner of the physical evidence or the archives custodian shall sign or seal after checking the extracted, photocopied (duplicated) materials or photos and text descriptions of the physical evidence.

Article 31

If on-site inspection is used to verify notarization matters and relevant supporting materials, inspection records shall be prepared and signed or sealed by the verification personnel and witnesses. . As necessary, the inspection situation or physical evidence can be recorded by drawing, photography, video or audio recording.

Article 32

If it is necessary to entrust a professional institution or professionals to authenticate, inspect, test and translate documents applying for notarization or certification materials for notarization matters, the parties shall be informed of the It shall be entrusted to handle it, or it shall be handled on its behalf with the consent of the parties concerned. Appraisal opinions, inspection and testing conclusions, and translated materials shall be stamped and signed by the relevant professional institutions and the personnel responsible for the appraisal, inspection, testing, and translation.

The fees required for entrusting appraisal, inspection and testing, and translation shall be paid by the parties concerned.

Article 33

If a notary institution entrusts a non-local notary institution to verify notarization matters and relevant supporting materials, it shall issue a letter of entrustment verification and clearly state the matters and content that need to be verified. requirements. After receiving the letter of entrustment, the entrusted notary institution shall complete the verification within one month. If it cannot be completed or verified for any reason, the notary agency entrusted with verification shall be notified by letter within the above time limit.

Article 34

If during the review, the notary institution believes that the content of the document applying for notarization is incomplete or the expression is inaccurate, it shall instruct the parties to make corrections or modifications. If the party concerned refuses to make corrections or modifications, it shall be noted in the work record.

At the request of the parties, the notary institution can draft and modify the documents applying for notarization on their behalf.

Chapter 6

Issuance of notarial certificate

Article 35

After review, the notary agency believes that the matters applied for notarization comply with If the Notarization Law, these rules and relevant certification rules provide for it, a notarial certificate shall be issued to the parties within fifteen working days from the date of acceptance.

If due to force majeure, supplementary supporting materials or the need to verify relevant circumstances, the time required shall not be counted within the period specified in the preceding paragraph, and the parties shall be informed in a timely manner.

Article 36

Notarization of civil legal acts shall meet the following conditions:

(1) The parties concerned have the qualifications to engage in the act and the corresponding Capacity for civil conduct;

(2) The intention expressed by the parties is true;

(3) The content and form of the act are legal and do not violate social morality;

(4) Other conditions stipulated in the Notarization Law.

If the rules for notarization of different civil legal acts have special requirements, those provisions shall prevail.

Article 37

The notarization of legally significant facts or documents shall meet the following conditions:

(1) The facts or documents must be consistent with the parties concerned Have an interest;

(2) The facts or documents are true and correct;

(3) The content and form of the facts or documents are legal and do not violate social morality;

(4) Other conditions stipulated in the Notarization Law.

If there are special requirements for notarization of different legally significant facts or documents, those provisions shall prevail.

Article 38

Notarization of signatures, seals, and dates on documents. The signatures, seals, and dates must be accurate and authentic; notarization of copies, photocopies, and other texts of documents , the text content should be consistent with the original.

Article 39

The notarization of a debt document with enforceable effect shall meet the following conditions:

(1) The debt document shall be in payment of currency, Articles or securities are the content;

(2) The relationship between the creditor and the debtor is clear, and the creditor and the debtor have no doubt about the payment content of the creditor's document;

(3) It is stated in the creditor's document When the debtor fails to perform or improperly performs its obligations, the debtor is willing to accept a commitment for enforcement;

(4) Other conditions stipulated in the "Notarization Law".

Article 40

For notarization matters that meet the conditions stipulated in the Notary Law, these rules and relevant certification rules, the notarization officer shall prepare a notarial certificate together with the certified documents , the certification materials and verification materials provided by the parties, as well as the notarization review opinions, shall be reported to the person in charge of the notary institution or its designated notary for review and approval. However, notarization matters that do not require approval according to regulations are excluded.

The person in charge of the notary institution or the notary designated to be responsible for approval shall not approve the notarization matters undertaken by himself.

Article 41

To examine and approve notarization matters and the notarization certificate to be issued, the following contents shall be reviewed:

(1) The matters applied for notarization and their Whether the document is authentic and legal;

(2) Whether the supporting materials for the notarization matter are authentic, legal and sufficient;

(3) Whether the certification procedures comply with the "Notarization Law", these rules and Provisions on the rules for issuing certificates;

(4) Whether the content, expression and format of the notarial certificate to be issued comply with relevant regulations.

Approval of major and complex notarization matters shall be submitted to the notary institution for collective discussion before approval. The discussions and opinions formed should be recorded and archived.

Article 42

Notarial deeds shall be made in accordance with the format prescribed by the Ministry of Justice. The notarial certificate includes the following main contents:

(1) Notarial certificate number;

(2) Basic information of the parties and their agents;

(3) Notarized testimony;

(4) The signature (signature stamp) of the attesting officer and the seal of the notary institution;

(5) Date of issuance.

The document certified by the notarization testimony is an integral part of the notarial deed.

If the relevant certification rules have special requirements for the format of the notarial certificate, those regulations shall prevail.

Article 43

The notarial deeds shall be made in languages ??commonly used throughout the country. In ethnic autonomous areas, according to the requirements of the parties concerned, texts in ethnic languages ??commonly used in the local area may be produced at the same time. The texts in both languages ??are equally valid.

Notarial deeds sent to Hong Kong, Macao, and Taiwan should use characters commonly used throughout the country.

Notarized documents sent to foreign countries should use characters commonly used throughout the country. According to the needs and the requirements of the parties, the notarial certificate may be accompanied by a foreign language translation.

Article 44

The notarial certificate shall take effect from the date of issuance.

For notarization matters that require approval, the date of approval by the approver shall be the date of issuance of the notarial certificate; for notarization matters that do not require approval, the date of issuance by the attesting officer shall be the date of issuance of the notarial certificate; for on-site supervision notarization requires If the notarized testimony is read out on-site, the date of reading shall be the date of issuance of the notarial certificate.

Article 45

Each party shall receive one copy of the original notarial certificate produced by the notary public, and may make several copies according to the needs of the parties. The notary office keeps the original notarial certificate (approval draft, issuance draft) and one original copy for archiving.

Article 46

After the notarial certificate is issued, the party or his agent can collect it from the notary office, or it can be sent by the notary office at the request of the party. The parties or their agents shall sign the receipt after receiving the notarial certificate.

Article 47

If the notarial deed requires consular authentication, according to relevant regulations or the entrustment of the parties, the notarial agency may handle the authentication of the notarial deed on behalf of the parties, and the required fees shall be paid by the parties .

Chapter 7

Notarization and termination of notarization

Article 48

Notarization matters fall under any of the following circumstances , the notary institution shall not handle notarization:

(1) A person without capacity for civil conduct or a person with limited capacity for civil conduct does not have a guardian to apply for notarization on his or her behalf;

(2) The parties involved There is no interest in the matter applied for notarization;

(3) The matter applied for notarization is a matter of professional technical appraisal and evaluation;

(4) The parties apply for notarization on the matter The matter is controversial;

(5) The party fabricates, conceals facts, or provides false supporting materials;

(6) The supporting materials provided by the party are insufficient and cannot be supplemented, or Refuse to supplement supporting materials;

(7) The matters applied for notarization are untrue and illegal;

(8) The matters applied for notarization violate social morality;

(9) The party concerned refuses to pay notarization fees in accordance with regulations.

Article 49

If notarization is refused, the notary officer shall write a written report and submit it to the person in charge of the notary institution for review and approval. The decision not to proceed with notarization shall be notified in writing to the party concerned or his agent.

If notarization is not performed, the notary institution shall refund part or all of the notarization fees collected as appropriate based on the reasons and responsibilities for the refusal.

Article 50

If a notarization matter falls under any of the following circumstances, the notarization agency shall terminate the notarization:

(1) The notarization is terminated due to reasons of the parties involved The matter cannot be completed within six months;

(2) The party withdraws the notarization application before the notarial certificate is issued;

(3) Due to the death of the natural person who applied for notarization, the legal person or the Other organizations terminate and it is impossible to continue to handle notarization or it is meaningless to continue to handle notarization;

(4) The parties obstruct or hinder the notary agency and the notary officer from handling notarization in accordance with the prescribed procedures and time limits;

(5) Other circumstances that warrant termination.

Article 51

If notarization is terminated, the notary in charge shall write a written report and submit it to the person in charge of the notary institution for review and approval. The decision to terminate notarization shall be notified in writing to the parties or their agents.

If notarization is terminated, the notary institution shall refund part of the notarization fees collected as appropriate based on the reasons for termination and responsibilities.

Chapter 8

Special Provisions

Article 52

Notary agencies handle on-site supervision of bidding, auctions, lottery drawings, etc. Such notarization shall be handled by two persons together. The notary officer shall, in accordance with relevant regulations, certify its authenticity and legality through prior review and on-site supervision, read out the notarized testimony on-site, and send the notarial certificate to the parties within seven days after the reading. The notarial certificate takes effect from the date the notarized testimony is read.

When handling on-site supervision-type notarization, if the notary agent discovers that a party has committed fraud, engaged in malpractice for personal gain, violated event rules, or violated national laws and relevant regulations, he shall immediately require the party to make corrections; if the party refuses to make corrections, he shall Notarization will not be performed.

Article 53

When a notary office handles the notarization of a will, it must be handled by two people together. The attesting officer shall handle the entire process in person.

When under special circumstances only one notary can handle the matter, a witness should be present, and the witness should sign or seal the inquiry record.

Article 54

If the notary office sends personnel to go out to handle the notarization of the preservation evidence, two people shall handle it together, and the notary officer shall go out to handle it in person.

When notarizing evidence for preservation, if the notarizer discovers that the party obtained the evidence in a manner prohibited by laws and regulations, the notarization shall not be performed.

Article 55

If the debtor fails to perform or improperly performs the notarized debt document with enforceable effect, the notary agency may issue an enforcement document in accordance with the relevant regulations upon the application of the creditor. Certificate. The execution certificate shall be issued within the execution period specified by law.

The execution certificate shall specify the applicant, the person being applied for execution, the subject matter of the application for execution and the time limit for the application for execution. The part that the debtor has already performed shall be deducted from the subject matter of the application for execution. Liquidated damages, late payment fees, interest, etc. caused by the debtor's non-performance or improper performance may be included in the subject of enforcement application at the request of the creditor.

Article 56

If a dispute arises during the performance of a notarized matter, the notary institution that issued the notarization may mediate at the request of the parties concerned. If the parties reach a new agreement after mediation and apply for notarization, the notary agency can handle the notarization; if the mediation fails, the notary agency shall notify the parties to file a civil lawsuit with the people's court or apply for arbitration to an arbitration institution in accordance with the law regarding the dispute.

Chapter 9

Notarization Registration and Filing

Article 57

When a notary agency handles notarization, it must fill in the notarization form Register and establish a classified registration system.

Registration matters include: category of notarization matters, name of the parties, name of the agent (representative), date of acceptance, person in charge, approver (issuer), case closing method, date of completion, notarization Book number, etc.

The notarial registration book shall be filed annually and shall be kept permanently.

Article 58

After issuing a notarization certificate or making a decision not to proceed with notarization or to terminate notarization, the notary agency shall follow the relevant notarization regulations formulated by the Ministry of Justice and the State Archives Administration. According to the regulations on document filing and notarization file management, the notarized documents and related materials shall be summarized, sorted, classified, and transferred to the archives within three months by the notarization officer.

Article 59

After the notary office accepts the notarization application, the notary office bearer shall immediately start the preparation work of file filing, start collecting relevant certification materials, sort out inquiry records and verification Materials related to the situation, etc.

For original certificates or physical evidence that cannot be attached to the file, a copy (copy) of the original document, photos of the physical evidence, and written descriptions shall be retained and attached to the file in accordance with regulations.

Article 60

Notarization case files shall be divided into ordinary files and confidential files according to the categories and contents of the notarization matters, and shall be archived and preserved in categories.

The storage period of notarization files shall be determined based on the category, purpose and evidentiary value of the notarization matters. There are three types of storage periods: short-term, long-term and permanent.

Notarization matters involving state secrets and wills are classified as confidential documents. After the death of the testator, the will notarization case file is transferred to an ordinary file for storage.

The internal discussion opinions on notarization matters and relevant materials such as requests for instructions and approvals within the notary institution shall be bound into a supplementary volume and kept together with the main volume.

Chapter 10

Handling of Notarization Disputes

Article 61

If the parties believe that there is an error in the notarial certificate, they may Within one year from the date of the notarization, submit a review to the notary institution that issued the notarization.

If an interested party in a notarization matter believes that there is an error in the notarization, he or she may submit a review to the notary institution that issued the notarization within one year from the date of knowing or should have known about the notarization, provided that he or she can prove that he or she is not correct. Except those you know. The time limit for filing a review shall not exceed twenty years from the date of issuance of the notarial certificate.

The application for review shall be submitted in writing, stating the errors that the applicant believes exist in the notarial certificate and the reasons therefor, putting forward specific requirements for revoking or correcting the notarial certificate, and providing relevant supporting materials.

Article 62

After receiving the re-examination application, the notary public shall appoint a notary public other than the original notary public to conduct the re-examination. The review conclusion and handling opinions shall be submitted to the person in charge of the notary institution for review and approval.

Article 63

When a notary public conducts a reexamination, it shall examine and verify the errors in the notarial certificate submitted by the applicant and the reasons for them, differentiate between different situations, and make corrections in accordance with the following provisions Processing:

(1) If the content of the notarial certificate is legal and correct and the processing procedures are correct, a decision will be made to maintain the notarial certificate;

(2) The content of the notarial certificate is legal and correct , if only the statement of the testimony or the format is inappropriate, the notarial certificate shall be withdrawn and reissued to the parties after correction; if it cannot be withdrawn, a supplementary notarial certificate shall be issued;

(3) The basic content of the notarial certificate is illegal or inconsistent with the facts If it is not consistent, a decision should be made to revoke the notarial certificate;

(4) If part of the content of the notarial certificate is illegal or inconsistent with the facts, a supplementary notarial certificate may be issued to revoke the certification of the illegal or inconsistent parts content; you can also withdraw the notarial certificate, delete and correct the parts that are illegal or inconsistent with the facts, and then reissue it to the party;

(5) The content of the notarial certificate is legal and correct, but during the processing If there is a violation of procedural provisions or a lack of necessary procedures, the missing procedures and procedures shall be filled in; if it is impossible to make up the procedures or the notarization procedures are seriously violated, the notarial 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 record.

Article 64

The notary institution shall complete the reexamination within thirty days from the date of receipt of the reexamination application, make a reexamination decision, and issue it to the applicant. If the notarial certificate needs to be revoked or corrected, it shall be completed within ten days after the review decision is made. The review decision and the notarized certificate after the processing shall be stored in the original notarization case file.

If the notary office handles re-inspection due to force majeure, supplementary certification materials or need to verify relevant circumstances, the time required will not be counted within the period specified in the preceding paragraph. However, if it requires supplementary certification materials or verification of relevant circumstances, the time required will be the last. Must not be longer than six months.

Article 65

If the notary office discovers that the content and handling procedures of the notarial certificate issued fall under the circumstances specified in items 2 to 5 of Article 63 of these rules, The parties concerned shall be notified and handled in accordance with the provisions of Article 63 of these Rules.

Article 66

If the notarial certificate is revoked, the notary fees collected shall be handled according to the following provisions:

(1) Due to the fault of the notary institution If the notarial deed is revoked, all notarization fees collected shall be returned to the parties;

(2) If the notarial deed is revoked due to the fault of the parties, the notarization fees collected shall not be refunded;

(3) ) If the notarial certificate is revoked due to the fault of both the notary institution and the parties involved, the notary fees collected will be refunded as appropriate.

Article 67

If the parties or interested parties in the notarization matter have objections to the notary agency’s decision to revoke or not revoke the notarial certificate, they may file a complaint with the local notary association. complaint.

The methods for handling complaints shall be formulated by the China Notary Association.

Article 68

The content of the notarial certificate involving the substantive rights and obligations between the parties or between the parties and interested parties in the notarization matter If there is a dispute, the notary institution shall inform it that it can file a civil lawsuit with the People's Court regarding the dispute.

Article 69

If a notary institution and its notary public cause losses to the parties or interested parties in the notarization matter due to their fault, the notary institution shall bear the corresponding liability for compensation; notarization After the institution compensates, it can recover compensation from the notary who committed intentional or gross negligence.

If the parties, interested parties in the notarization matter and the notary agency have disputes over fault liability and the amount of compensation, and if negotiation fails, they may file a civil lawsuit with the People's Court or apply for mediation by the local notary association.

Chapter 11

Supplementary Provisions

Article 70

The relevant certification rules have special certification procedures for different notarization matters. If stipulated, such stipulations shall prevail.

Article 71

The deposit, registration, custody and other matters accepted by the notary institution in accordance with Article 12 of the "Notarization Law" shall be handled in accordance with the relevant special regulations; there are no special regulations Yes, please refer to these rules.

Article 72

In the process of notarization, the notary institution and its notaries violate Article 41, Article 42 of the Notary Law and this Article. If the conduct is stipulated in the rules, the judicial administrative agency shall impose corresponding penalties in accordance with the Notary Law, the Practice Management Measures of Notary Institutions, and the Practice Management Measures of Notaries; if there is any violation of the notarial industry norms, the Notary Association shall impose corresponding industry penalties. Punishment.

Article 73

These rules shall be interpreted by the Ministry of Justice.

Article 74

These rules will come into effect on July 1, 2006. The "Notarization Procedure Rules" (Ministry of Justice Order No. 72) issued by the Ministry of Justice on June 18, 2002 were abolished at the same time.