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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II PARTIES CONCERNED IN NOTARIZATION CHAPTER III PRACTICING REGION OF NOTARIZATION CHAPTER IV APPLICATION AND ACCEPTANCE CHAPTER V EXAMINATION CHAPTER VI PRODUCTION OF NOTARIZATION CERTIFICATES CHAPTER VII REFUSAL AND TERMINATION OF NOTARIZATION CHAPTER VIII SPECIAL PROVISIONS CHAPTER IX REGISTRATION AND FILING OF NOTARIZATION CHAPTER X HANDLING OF DISPUTES OVER NOTARIZATION CHAPTER XI SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. The present Rule is formulated according to the Notarization Law of the People's Republic of China (hereinafter referred to the Notarization Law) and the relevant laws, and administrative regulations for the purpose of regulating the procedures for notarization and ensuring the quality of notarization. Article 2. A notarization institution shall, when conducting notarization, uphold the principles of objectiveness and impartiality and abide by the norms and disciples of notarization practice. Article 3. A notarization institution shall perform its functions and duties independently according to law and assume civil liabilities independently, which shall not be unlawfully interfered by any entity or individual. The legitimate rights and interests of a notarization institution shall not be injured. Article 4. A notarization institution shall, according to the provisions of the Notarization Law, accept applications for notarization, conduct notarization and produce notarization certificates in its own name. Article 5. A notary designated by a notarization institution shall handle notarization business according to the procedures prescribed by the Notarization Law and the present Rule, and affix his signature to the notarization certificates he has produced. According to the provisions of the Notarization Law and the present Rule, any matter that shall be specifically handled by a notary in the process of conducting notarization shall not be designated to any other work functionary of the relevant notarization institution for handling. Article 6. A notarization institution or notary shall not have any act prohibited by Article 13 or 23 of the Notarization Law in the notarization practice. Any other work functionary of a notarization institution and relevant personnel that are involved in notarization practice according to the present Rule shall not divulge any state secret, commercial secret or individual privacy as accessible in notarization activities. Article 7. A notarization institution shall establish and improve its administrative rules for notarization practice, and administrative rules for notarization quality and conduct supervision over its notaries' notarization practice. Article 8. The administrative organ of justice shall, according to the provisions of the Notarization Law and the present Rule, carry out supervision over and offer guidance for notarization practice and observance of the relevant rules for procedures by notarization institutions and notaries. The notarization association shall, according to its Constitution and occupational norms, carry out supervision over notarization practice and observance of the rules for procedures by notarization institutions and notaries. CHAPTER II PARTIES CONCERNED IN NOTARIZATION Article 9. A party concerned in notarization (hereinafter referred to a party concerned) refers to a natural person, legal person or any other organization that has such an interest relation in any notarization affair that he/it files an application with the notarization institution in his/its own name and thereafter enjoys the relevant rights and shoulders the relevant obligations in notarization activities. Article 10. Where a person that has no capacity for civil disposition or a limited capacity for civil disposition applies for notarization, the relevant matters shall be handled by his guardian on his behalf. Where a legal person applies for notarization, it shall be handled by its legal representative on its behalf. Where any other organization applies for notarization, it shall be handled by its principal on its behalf. Article 11. A party concerned may entrust any other person to apply for notarization on his/its behalf. Whereas matters such as application for handling any will, legacy-support agreement, donation, acknowledgement of son, adoption, release of adoption, subsistence, entrustment, statement, guaranty and any other notarization affair closely related to a natural person shall be handled by himself in person. A notary or any other work functionary of a notarization institution shall not apply for any notarization on behalf of any party concerned in the very notarization institution where he works. Article 12. Where a party concerned that dwells in Hong Kong SAR, Macao SAR or Taiwan Region entrusts any other party to apply for any important notarization affair that involves succession, disposal of property rights and interests and alteration of personal relationship, the relevant Power of Attorney shall be subject to notarization conducted by a notary (notarization institution) at his/its locality or be subject to certification conducted by an institution or functionary that has been designated by the Ministry of Justice. Where a party concerned that resides abroad entrusts any other party to handle any of the aforesaid important notarization affairs on his/its behalf, the relevant Power of Attorney shall be subject to notarization conducted by a notary (notarization institution) or be subject to notarization conducted by the Chinese embassy (consulate) at his/its locality. CHAPTER III PRACTICING REGION OF NOTARIZATION Article 13. The term "practicing region of notarization" refers to the region where notarization institutions accept the business of notarization, defined by the administrative organ of justice of a province, autonomous region or municipality directly under the Central Government according to Article 25 of the Notarization Law, Article 10 of the Measures for the Administration of Practice by Notarization Institutions and the regional scheme for the allocation of local notarization institutions. The practicing region of notarization for a notarization institution shall be subject to the examination and approval of the administrative organ of justice of a province, autonomous region or municipality directly under the Central Government in the process of handling the establishment or alteration of the notarization institution. A notarization institution shall accept the business of notarization within its practicing region verified. Article 14. A notarization affair shall be accepted by a notarization institution where the domicile or habitual residence of one party concerned is located, or where the relevant act is committed, or where the relevant fact occurs. A notarization affair involving real estate shall be accepted by the notarization institution where the real estate is located. As to any notarization affair involving the entrustment, statement, donation or will relating to real estate, it may be governed by the provisions of the preceding paragraph. Article 15. Where two parties concerned or more jointly apply for a same notarization affair, it may be jointly filed with a notarization institution where the relevant act is committed, or where the relevant fact occurs or where the domicile or habitual residence of one party concerned is located. Article 16. Where a party concerned files an application for notarization with two notarization institutions or more that can accept the relevant notarization affairs, the notarization institution that first accepts it shall take charge. CHAPTER IV APPLICATION AND ACCEPTANCE Article 17. Where any natural person, legal person or any other organization applies with a notarization institution for notarization, he/it shall fill out an Application Form for Notarization, which shall indicate the following contents: (1) A basic introduction to the applicant and his/its agent; (2) Applied notarization affairs and the purpose of use of a notarization certificate; (3) Name of the document applied for notarization; (4) Names and number of copies of the certification materials submitted and the names, addresses and contact ways of the relevant witnesses concerned; (5) Date of application; and (6) Any other statement required. An applicant shall affix his/its signature or seal to an Application Form. Where it is impossible to affix any signature or seal, a fingerprint shall be affixed instead. Article 18. Where a natural person, legal person or any other organization applies for notarization, the following materials shall be submitted: (1) Identity certification of the natural person, qualification certification of the legal person and the identity certification of its legal representative or qualification certification of any other organization and the identity certification of its principal; (2) Where any other party is entrusted for notarization application, the relevant agent shall provide a Power of Attorney of the party concerned, the relevant legal agent or any other relevant agent shall provide the certification on authorization; (3) Application documents for notarization; (4) Certification materials for notarization affairs and in case any property relation is involved, the relevant certification on property right shall be provided; and (5) Any other material relating to the applied notarization affairs. Article 19. A notarization institution may accept an application that meets the following requirements: (1) Where an applicant has an interest relation in the applied notarization affairs; (2) Where applicants have no different opinion on the applied notarization affairs; (3) Where the applied notarization affairs meet the scope prescribed by Article 11 of the Notarization Law; and (4) Where the applied notarization affairs meet the provisions of Article 25 of the Notarization Law and fall within the business scope of notarization that the notarization institution can conduct within its practicing region. Where any matter shall be subject to notarization according to laws and regulations and meets the requirements prescribed in items (1), (2) and (4) of the preceding paragraph, the relevant notarization institution shall accept it. As to any application that fails to meet the requirements prescribed in paragraphs 1 and 2 of the present Article, the relevant notarization institution shall not accept it and shall inform the relevant applicant of its refusal. Where any application is refused for its failure to satisfy the provision of item (4), paragraph 1 of the present Article, it shall be notified to the applicant that he may file an application with a notarization institution that can accept it. Article 20. A notarization institution shall, after accepting an application for notarization, send a Notice on Acceptance to the applicant and the latter or his/its agent shall sign the receipt for acknowledgement. Article 21. A notarization institution shall, after accepting an application for notarization, inform the parties concerned of the legal significance and possible legal aftermath in applying for notarization, and inform the parties concerned of the relevant rights he/it may enjoy and the relevant obligations he/it shall assume in the process of notarization. The notified contents and the method and time of notification shall be put on archives. Article 22. A notarization institution shall, after accepting an application for notarization, charge the notarization fee from the parties concerned according to the relevant provisions. Where any notarization is concluded and if the notarization fee verified is inconsistent with the sum collected in advance, the relevant formalities for refunding or making up the sum shall be gone through. As to any party concerned that meets the requirements for legal aid, a notarization institution shall reduce or exempt his/its notarization fee according to the relevant provisions. Article 23. A notarization institution shall, after accepting an application for notarization, designate an in-charge notary and notify the relevant party concerned of the designation. Where any party concerned requires the withdrawal of a designated notary, and if it is a case of withdrawal prescribed in item (3) of Article 23 of the Notarization Law, the notarization institution shall designate another notary to conduct notarization. CHAPTER V EXAMINATION Article 24. A notarization institution shall, after accepting an application for notarization, conduct examination on the following matters respectively according to the principles of producing specific notarization certificates for different notarization affairs: (1) The number, identity, qualification for notarization application and the relevant rights of the parties concerned; (2) Whether the expression of intent of the parties concerned is true; (3) Whether the content of application documents for notarization is complete, whether the definitions therein are clear and whether the relevant signatures and seals are complete; (4) Whether the certification materials submitted are true, legal and sufficient; (5) Whether the applied notarization affairs are true and legal. Article 25. A party concerned shall present his/its applied notarization affairs to a notarization institution in a faithful manner and the certification materials submitted shall be authentic, legal and sufficient. Where a notarization institution has any doubt about the authenticity or legality of any applied notarization affair or deems that any statement on the situation or any certification material submitted by a party concerned is insufficient, incomplete or carries any doubtful point, it may request the relevant party concerned to make a statement thereon or make up its certification material. Where any party concerned refuses to make a statement on the situation or make up its certification material, it shall be handled according to the provisions of Article 48 of the present Rule. Article 26. A notarization institution shall, in the process of examination, conduct verification on the applied notarization affairs and certification materials submitted by the parties concerned, which shall be subject to verification according to the relevant rule for producing certificates or which carry any doubtful point, or shall entrust a notarization institution in a different place to conduct the aforesaid verification. The relevant entity or individual shall provide assistance according to law. Article 27. A notarization institution may adopt any of the following ways to verify the relevant notarization affairs and certification materials: (1) Conducting verification by inquiring of the relevant parties concerned and interested persons relating to notarization affairs; (2) Conducting verification by inquiring of the relevant witnesses; (3) Finding out the relevant situation by inquiring of the relevant entities or individuals or verifying or collecting certification materials such as the relevant documentary evidences, material evidences and audio-video materials; (4) Conducting verification by an on-the-spot inspection; and (5) Entrusting a special institution or professionals to conduct authentication, inspection and testing and translation. Article 28. Where a notarization institution conducts verification, it shall abide by the provisions of the relevant laws and regulations nad rules for producing certificates. Where a notarization institution dispatches its notaries for verification, there shall be two persons, except for the case of verification and collection of material evidences. Under any special circumstance where only one notary is dispatched for verification, there shall be one witness on the spot. Article 29. Where the method of inquiring of the parties concerned, interested persons relating to notarization affairs or of finding out and confirming the relevant notarization affairs as well as certification materials with the relevant witnesses is adopted, the inquired parties shall be notified of the rights they may enjoy and the obligations and legal liabilities they shall assume. Transcripts of inquired contents shall be made. An inquiry transcript shall indicate: the date of inquiry, place of inquiry, inquiring party, transcript maker, inquired matter, basic introduction to the inquired party, notified contents and details of conversation. An inquiry transcript shall, upon verification, be affixed with the signatures, seals or fingerprints of the inquired parties. Any revision of an inquiry transcript shall be confirmed by the inquired parties, with their seals or fingerprints affixed thereto. Article 30. Where it so requires to extract or photocopy (duplicate) the relevant materials or certification originals, archival materials or to take pictures of the relevant material evidences and make written description in the process of inquiring of the parties concerned, any interested person relating to notarization affairs and witnesses or in the process of conducting verification or collecting the certification materials relating to notarization affairs with the relevant entities and individuals, the materials as subject to extraction, photocopying (duplication) or photos of material evidences and written description shall comply with the originals or material evidences and the owners of the materials, originals and material evidences and archive keepers shall affix their signatures and seals to the relevant materials, photos and written records after verification. Article 31. Where the method of an on-the-spot inspection is adopted for verifying any notarization affair and the relevant certification materials, transcripts of inspection shall be made, which shall be affixed with the signatures and seals of examiners and witnesses. According to the specific circumstance, methods such as drawing, photo shooting, video shooting and tape recording may be adopted for recording the inspection or material evidences. Article 32. Where it so requires to entrust a special institution or professionals to conduct authentication, inspection and testing or translation of the documents subject to notarization or the certification materials relating to notarization affairs, the parties concerned shall be notified of the entrustment, or the consent of the parties concerned shall be obtained for an agent-based handling. The authentication opinions, conclusion of inspection and testing and translation materials shall bear the seals and signatures of the relevant special institutions and the relevant personnel in charge of authentication, inspection and testing and translation. The fees for any entrusted authentication, inspection and testing or translation shall be borne by the relevant parties concerned. Article 33. Where a notarization institution entrusts another notarization institution in a different place to verify any notarization affair and the relevant certification materials, a Verification Letter on Entrustment shall be shown, wherein clear requirements shall be raised for those matters and contents as requiring verification. An entrusted notarization institution shall, after receiving an Entrustment Letter, conclude the verification in a month. Where any verification fails to be concluded or cannot be verified, the entrusting notarization institution shall be informed by a letter within the aforesaid time limit. Article 34. Where a notarization institution, in the process of examination, deems that any document applied for notarization has incomplete contents or inaccurate expression, it shall instruct the parties concerned to make supplementation and correction or revision. Where any party concerned refuses to make up, correct or revise it, it shall be indicated in the work records. According to the requirements of a party concerned, a notarization institution may draft and revise the document applied for notarization on its/his behalf. CHAPTER VI PRODUCTION OF NOTARIZATION CERTIFICATES Article 35. Where a notarization institution, upon examination, deems that any notarization affair meets the provisions of the Notarization Law, the present Rule and the relevant rules for producing notarization certificates, it shall produce a notarization certificate to the party concerned within 15 workdays as of acceptance. In the case of force majeure, supplementation of certification materials or verification of the relevant information, the time required therein shall not be calculated into the time limit prescribed in the preceding paragraph, which shall be notified to the parties concerned in a timely manner. Article 36. A notarization for any civil juristic act shall meet the following requirements: (1) The parties concerned shall have the qualification for engaging in the relevant activities and the relevant capacity for civil disposition; (2) The expression of intent of the parties concerned shall be true; (3) The contents and form of the act shall be legal and comply with social ethnics; and (4) The other requirements prescribed in the Notarization Law shall be satisfied. In the case of any special requirement in the rule for producing certificates for different civil juristic acts, it shall prevail. Article 37. The facts of legal significance or notarization of documents shall meet the following requirements: (1) The facts or documents shall have an interest relation with the parties concerned; (2) The relevant facts or documents shall be true and correct; (3) The contents and form of facts or documents shall be legal and comply with social ethnics; and (4) Any other requirement prescribed by the Notarization Law shall be satisfied. In the case of any special requirement in the rule for producing certificates for different facts of legal significance or notarization of documents, it shall prevail. Article 38. As to the notarization of any signature, seal or date, the relevant signature, seal or date shall be accurate and true. As to the notarization of any duplicate copy or photocopy, the text content shall comply with its original. Article 39. The notarization of any creditor's right document subject to compulsory execution shall meet the following requirements: (1) Any creditor's right document shall bear the content of money payment, articles or securities; (2) The relation of credits and debts are clear and the relevant creditors and debtors shall have no doubt on the relevant contents of payment on the creditor's right document; (3) It shall be indicated in the creditor's right document that in case any debtor fails to perform or performs in an improper manner its obligation, he/it is willing to be subject to compulsory execution; and (4) Any other requirement prescribed by the Notarization Law shall be satisfied. Article 40. As to any notarization affair that meets the requirement of the Notarization Law, the present Rule and the relevant rules for producing certificates, the relevant notary in charge of producing certificates shall draft a notarization certificate, which shall be reported, along with the certification materials submitted by the party concerned and the materials on verification of facts and opinions on notarization examination to the principal of the notarization institution or the relevant designated notaries for examination and approval, except for those notarization affairs that need not go through any examination and approval according to the provisions. A principal of the notarization institution or any designated notary in charge of examination and approval shall not conduct any examination and approval on those notarization affairs under his charge. Article 41. In the examination and approval of notarization affairs and the relevant notarization certificate drafted, the relevant contents shall be scrutinized: (1) Whether the applied notarization affair and its related documents are true and legal; (2) Whether the certification materials for notarization affairs are authentic, legal and sufficient; (3) Whether the procedures for producing certificates comply with the Notarization Law, the present Rule and the relevant rules for producing certificates; and (4) Whether the contents, expression and format of drafted notarization certificate meet the requirements of the relevant provisions. In the examination and approval of any major or complicated notarization affair, it shall, before any examination and approval, be submitted to the notarization institution for a collective deliberation. The deliberation and opinions concluded shall be recorded down and put on archives. Article 42. A notarization certificate shall be formulated according to the format prescribed by the Ministry of Justice, which shall mainly cover the following contents: (1) Serial Number of the notarization certificate; (2) A basic introduction to the parties concerned and their agents; (3) Testimony of notarization; (4) Signatures (seals of signature) of notaries in-charge and the seal of the notarization institution; and (5) Date of producing the certificate. The documents certified by the testimony of notarization shall be part of the notarization certificate. In the case of any special requirement in the rules for producing certificate for the format of a notarization certificate, it shall prevail. Article 43. The language commonly applied nationwide shall be employed in the formulation of notarization certificates. In an autonomous region of ethnic minorities, according to the requirements of the parties concerned, a text in the ethnic minority language commonly used at the locality may be produced simultaneously. Texts in both of the aforesaid languages have equal force. Any notarization certificate distributed to Hong Kong SAR, Macao SAR or Taiwan Region shall be produced in the language commonly applied nationwide. Any notarization certificate distributed abroad shall be produced in the language commonly applied nationwide. According to the real situation and requirements of the parties concerned, a version in foreign language may be attached to the said notarization certificate. Article 44. A notarization certificate shall take effect as of the day of production. As to any notarization affair that shall be subject to examination and approval, the date when an examiner grants an approval shall be the date when a notarization certificate is produced. As to any notarization affair that need not be subject to any examination and approval, the date when a notary in-charge signs it for issuance shall be the date when a notarization certificate is produced. Where any notarization for an on-the-sport supervision requires an instant readout of notarization testimony, the date of readout shall be the date when a notarization certificate is produced. Article 45. The originals of any notarization certificate produced by a notarization institution shall be held by the parties concerned, one original each, and the duplicate copies may be produced according to the requirements of the parties concerned. The notarization institution shall keep the master copy of the notarization certificate (for-examination-and-approval version and the version of issuance) and an original for archival filing. Article 46. Where a notarization certificate is produced, the parties concerned or their agents may go to the relevant notarization institution to collect it or request the notarization institution to send it. The parties concerned and their agents shall sign for acknowledge on the relevant receipts. Article 47. Where any notarization certificate shall go through the procedures for consular attestation, the relevant notarization institution may, according to the relevant provisions or entrustment of the parties concerned, conduct the attestation on the notarization certificate, for which the relevant fees shall be borne by the parties concerned. CHAPTER VII REFUSAL AND TERMINATION OF NOTARIZATION Article 48. Where any notarization affair is under any of the following circumstances, a notarization institution shall not handle it: (1) Where a person who has no capacity for civil disposition or has a limited capacity for civil disposition fails to have any guardian apply for notarization on his behalf; (2) Where any party concerned has no interest relation in the applied notarization affair; (3) Where any applied notarization affair is professional technical authentication or assessment; (4) Where the parties concerned have any dispute over the applied notarization affair; (5) Where any party concerned fabricates or conceals any fact or presents any false certification material; (6) Where any party concerned fails to or refuses to make up any incomplete certification material; (7) Where any applied notarization affair is inauthentic or illegal; (8) Where any applied notarization affair goes against social ethnics; or (9) Where any party concerned refuses to pay the notarization fee according to the relevant provisions. Article 49. In the case of refusal to conduct notarization, the relevant in-charge notary shall produce a written report, which shall be reported to the principal of the notarization institution for approval. The decision on refusing to conduct notarization shall be notified to the parties concerned and their agents in written form. In the case of refusal to conduct notarization, the relevant notarization institution shall, according to the ground of refusal and the relevant accountabilities, refund part of or all of the notarization fee charged according to the specific circumstance. Article 50. Where any notarization affair is under any of the following circumstances, a notarization institution shall terminate the notarization: (1) Where any notarization affair fails to be concluded due to any reason on the part of the parties concerned within 6 months; (2) Where any party concerned withdraws his/its application for notarization; (3) Where any natural person who has applied for notarization dies or any legal person or any other organization that has applied for notarization is terminated and the relevant notarization is thus impossible or makes no sense any more; (4) Where any party concerned hampers or impedes the relevant notarization institution or in-charge notary from conducting notarization according to the prescribed procedures or time limit; or (5) Under any other circumstance where the termination of notarization is required. Article 51. Where any notarization is terminated, the relevant in-charge notary shall produce a written report, which shall be reported to the principal of notarization institution for approval. The decision on termination of notarization shall be notified to the parties concerned and their agents in written form. In case any notarization is terminated, the relevant notarization institution shall, according to the ground of refusal and relevant accountabilities, refund part of or all of the notarization fees charged according to the specific circumstance. CHAPTER VIII SPECIAL PROVISIONS Article 52. Where any notarization institution conducts notarization for an on-the-spot supervision such as bidding and tendering, auction and running of lottery, there shall be two handlers. The in-charge notaries shall, according to the relevant provisions, certify the authenticity and legality by way of pre-examination and on-the-spot supervision, read out the notarization testimony on the spot, and send the notarization certificate to the parties concerned within 7 days as of the day of readout. The notarization certificate shall take effect as of the day when the relevant notarization testimony is read out. In the process of conducting any notarization for an on-the-spot supervision, where any in-charge notary finds that any party concerned resorts to fraud, practices favoritism, violates any rule for procedures, state law or the relevant provision, he shall immediately request the party concerned to correct, where any party concerned refuses to correct, he shall not conduct any notarization. Article 53. Where any notarization institution conducts notarization for a will, there shall be two notaries to be jointly in charge. The in-charge notaries shall go through the whole procedures themselves. Under any special circumstance where only one notary conducts notarization for a will, there shall be a witness on the spot, who shall affix his signature or seal on the transcripts of inquiry. Article 54. Where any notarization institution dispatches its notaries to conduct notarization for preservation of evidences, there shall be two notaries to be jointly in charge. The in-charge notaries shall handle the relevant matters all by themselves. In the process of conducting notarization for preservation of evidences, where any in-charge notary finds that any party concerned adopts any method prohibited by law or regulation to obtain evidences, he shall not conduct any notarization. Article 55. Where any debtor fails to perform or fails to perform in a proper manner any creditor's right document subject to compulsory execution upon notarization, the relevant notarization institution may, according to the application of the creditor concerned, produce an Execution Certificate according to the relevant provisions. An Execution Certificate shall be produced within the term of execution prescribed by law. An Execution Certificate shall indicate the applicant, respondent to the execution, subject matter applied for execution and the term for applied execution. Where any debtor has performed part of its obligations, the performed part shall be deducted from the subject matter applied for execution. Any penalties for breach of contacts, late fees and interests incurred from a debtor's failure of performance or improper performance may, according to the creditor's requirements, be incorporated into the subject matter applied for execution Article 56. In case any dispute arises in the performance of any notarized affair, the notarization institution that has produced a notarization certificate may, according to the requirements of the parties concerned, conduct mediation. Where the parties concerned conclude any new agreement upon mediation and apply for notarization, the notarization institution may conduct notarization. In case a mediation fails, a notarization institution shall notify the parties concerned to file a civil action with the people's court or to apply for an arbitration with the arbitration organ according to law. CHAPTER IX REGISTRATION AND FILING OF NOTARIZATION Article 57. Where a notarization institution conducts notarization, it shall fill out a registration book of notarization and establish a system of classified registration. The items subject to registration include: categories of notarization affairs, names (titles) of the parties concerned, names of agents (representatives), date of acceptance, handlers, person in charge of examination and approval (issuer), conclusion, date of conclusion and serial number of the notarization certificate, etc. Registration books of notarization shall be put on archives on an annual basis and be preserved permanently. Article 58. After a notarization institution produces a notarization certificate or makes any decision on refusing to conduct or terminating any notarization, the in-charge notaries shall, according to the provisions on archival filing of notarization documents and on the administration of notarization archives formulated by the Ministry of Justice and the State Archives Bureau, conclude the summarization and straightening-out, classification and filing and transfer for archives of notarization documents and the relevant materials within 3 months. Article 59. After a notarization institution accepts an application for notarization, the in-charge notaries shall immediately get down to the preparation of filing, collection of the relevant certification materials, straightening-out of inquiry transcripts and verification on the relevant information, etc. As to any certification original or material evidence that cannot be attached to the relevant file, the photocopy (duplicate), photo of material evidence and written description shall be detained in the files according to the relevant provisions. Article 60. The notarization files shall be classified into general files and confidential files according to their categories and contents and shall be put on archives in light of classification. The preservation term for notarization files shall be decided according to the categories, purposes of use and evidential value of notarization affairs, which shall be classified into categories of short-term, long-term and permanent. Any notarization affair that involves any state secret or any will shall be classified into confidential files. Where any testator dies, the relevant notarization file for his will shall be transferred into the general files. The deliberation opinions and materials on instructions and replies produced within a notarization institution shall be booked into a duplicate file and be preserved along with the original file. CHAPTER X HANDLING OF DISPUTES OVER NOTARIZATION Article 61. Where any party concerned deems that any notarization certificate has a mistake, it may, within 1 year as of the day when the notarization certificate is received, apply for a review with the notarization institution that has produced it. Where any party that has an interest relation in any notarization affair deems that any notarization certificate has a mistake, it may apply for a review with the notarization institution that has produced the notarization certificate within 1 year as of the day it learns the notarization, unless it is able to prove that it has no knowledge thereon. A term for review shall be no more than 20 years as of the day when a notarization certificate is produced. An application for review shall be filed in written form, which shall indicate the mistakes that an applicant deems the notarization certificate carries, the reasons, the specific requirements for revoking or altering the notarization certificate and the relevant certification materials. Article 62. A notarization institution shall, after receiving an application for review, designate the notaries other than those as originally in charge to conduct a review. The conclusion of review and treatment shall be reported to the principal of the notarization institution for examination and approval. Article 63. Where a notarization institution conducts a review, it shall carry out examination and verification on the mistakes of the notarization certificate as well as the relevant reasons the relevant applicant has raised and handle it according to specific cases as well as the following provisions: (1) Where the contents of the notarization certificate are legal and correct and the procedures for conducting notarization are correct, making a decision on sustaining the notarization certificate; (2) Where the contents of a notarization certificate are legal and correct yet the expression or format of testimony is improper, withdrawing the notarization certificate and, upon revision, sending the revised one to the parties concerned; in case any notarization certificate cannot be withdrawn, making up and producing another notarization certificate with the contents supplemented and corrected; (3) Where the basic contents of a notarization certificate is illegal or goes against the relevant facts, making a decision on revoking the notarization certificate; (4) Where part of the contents of a notarization certificate is illegal or goes against the relevant facts, making up a revised notarization certificate, canceling the contents of testimony that are illegal or go against the facts; or withdrawing the notarization certificate to delete the part that is illegal or goes against the relevant fact and thereafter sending the revised one to the parties concerned; (5) Where the contents of a notarization certificate are legal and correct yet if the procedures for conducting notarization are unlawful or have omitted any necessary formalities, the omitted procedures or formalities shall be made up; where it is impossible to make up the said procedures or formalities or in the case of any serious violation of procedures for notarization, the notarization certificate shall be revoked. A notarization certificate revoked shall be withdrawn, and the invalidity shall be announced. Where a notarization institution revokes any notarization certificate, it shall be reported to the local notarization association for archival filing. Article 64. A notarization institution shall, within 30 days as of receiving an application for review, conclude the review and make a decision thereon. Where it so requires to revoke, correct or make up any notarization certificate, it shall be concluded within 10 days as of the day when a decision on review is made. The decision on review and the revised notarization certificate shall be put on its original notarization files. Where a notarization institution carries out a review and in the case of any force majeure, or if any certification material requires making up or where the relevant information requires verification, the time required shall not be calculated into the time limit prescribed in the preceding paragraph. However, the supplementation and correction of certification materials or verification on the relevant information shall not last for more than 6 months. Article 65. Where a notarization institution finds that the content of or procedures for producing a notarization certificate it has produced is under any of the circumstances prescribed in items (2) through (5) of Article 63 of the present Rule, it shall inform the parties concerned and handle it according to the provisions of Article 63 of the present Rule. Article 66. Where any notarization certificate is revoked, the notarization fee charged shall be settled according to the following provisions: (1) Where any notarization certificate is revoked due to the faults of a notarization institution, the notarization fee charged shall be fully refunded to the parties concerned; (2) Where any notarization certificate is revoked due to the faults of a party concerned, the notarization fee charged shall not be refunded to him; and (3) Where any notarization certificate is revoked due to the faults of both the notarization institution and the parties concerned, the notarization fee charged shall be refunded according to the specific circumstances. Article 67. Where any parties concerned, interested party to any notarization affair has any demurral over the decision of a notarization institution on revoking or refusing to revoke a notarization certificate, it may file a complaint with the local notarization association. The measures for handling complaints shall be formulated by China Notarization Association. Article 68. Where any party concerned or interested party to any notarization affair has any demurral over the contents of material rights and obligations between the parties concerned or between the party concerned and the interested party to any notarization affair, the relevant notarization institution shall inform it that it has the right to file a civil action thereon with the people's court. Article 69. Where any notarization institution or its notary incurs, due to its/his faults, any loss to any party concerned or interested party relating to any notarization affair, the notarization institution shall bear the relevant liabilities for compensation. Where a notarization institution makes compensation, it may demand recourse from the relevant notary with deliberate intent and gross negligence. Where any party concerned or interested party relating to any notarization affair has any dispute over the liabilities of faults or sum of compensation with a notarization institution and if a negotiation fails, it may file a civil action with the people's court or may apply for a mediation with the local notarization association. CHAPTER XI SUPPLEMENTARY PROVISIONS Article 70. In the case of any special provision of the relevant rule for producing certificates on the procedures for handling different notarization affairs, it shall prevail. Article 71. Where a notarization institution accepts any deposit, registration and preservation according to the provisions of Article 12 of the Notarization Law, it shall be handled according to the special provisions. In the case of no special provision, it shall be handled by referring to the present Rule. Article 72. Where any notarization institution or its notary violates, in the process of conducting notarization, any provision of Article 41 or 42 of the Notarization Law or the provision of the present Rule, the relevant administrative organ of justice shall give it/him a punishment according to the Notarization Law, Measures for the Administration of Practice by Notarization Institutions or Measures for the Administration of Practice by Notaries. In case any occupational norm of notarization is violated, the notarization association shall give an occupational sanction. Article 73. The power to interpret the present Rule shall remain with the Ministry of Justice. Article 74. The present Rule shall come into force as of July 1, 2006. The Rule for Notarization Procedures promulgated by the Ministry of Justice on June 18, 2002 (Order No. 72 of the Ministry of Justice) shall be simultaneously abolished. |
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