1. Administration by judicial administrative organs.
Article 5 of the Notarization Law stipulates that the judicial administrative department shall supervise and guide notarization institutions, notaries and notary associations according to law. According to the provisions of the Notary Law, the administrative management of notaries by judicial administrative organs specifically includes the following contents: (1) Approving the establishment of notaries according to the prescribed procedures and issuing notaries' practice certificates; (two) according to the principle of overall planning and rational distribution, adjust and standardize the practice area and external management system of notarization institutions according to law, and realize the optimal allocation of notarization resources; (three) the person in charge of the notarization institution approved and put on record; (four) in accordance with the provisions of the notary law, review, appointment and removal of notaries; (five) to supervise and guide the notary association; (six) in conjunction with the relevant departments to develop notarization fees; (seven) to supervise and guide the practice activities of notaries and notaries, and punish their illegal acts.
On February 2, 2006, the Ministry of Justice issued the Measures for the Administration of Notaries' Practice, and on March 4, 2006 and May 0, 2006, the Rules of Notary Procedure were issued to supervise and guide notaries, notaries and notary associations. In addition, the Detailed Rules for Notarization of Wills (March 2000 1) and the Measures for Mortgage Registration of Notary Institutions (February 20, 2002) were formulated.
2. Industry management of notary associations.
Article 4 of the Notary Law stipulates that China Notary Association shall be established nationwide, and local notary associations shall be established in provinces, autonomous regions and municipalities directly under the Central Government. China Notary Association and local notary associations are social organizations and legal persons. The articles of association of China Notary Association shall be formulated by the members' congress and reported to the judicial administrative department of the State Council for the record. The Notary Association is a self-regulatory organization in the notary industry, which carries out activities in accordance with its articles of association and supervises the practice activities of notaries and notaries.
China Notary Association was established in Beijing in March 1990, and was renamed China Notary Association in March 2006 according to the provisions of the Notary Law. China Notary Association, which is in charge of the Ministry of Justice, is a national social organization legal person composed of notaries, notaries, notaries administrators and other professionals and institutions related to notarization. China Notary Association is a national notary trade organization; The local notarization association is a regional notarization industry organization and accepts the guidance of the China Notary Association.
Article 5 of the Constitution of China Notary Association stipulates the responsibilities of the Association: (1) Supervise notaries and notaries' practice activities in accordance with this Constitution; (two) to assist the competent government departments to manage and guide the national notarization work and guide the work of local notarization associations; (3) Formulating industry norms; (four) to safeguard the legitimate rights and interests of members and ensure that members perform their duties according to law; (5) Organizing welfare undertakings for members; (six) to educate members on professional ethics and practice discipline, and to assist judicial administrative organs to investigate and deal with members' violations; (seven) to be responsible for the training of members, and to organize members to carry out academic discussions and exchange work experience; (eight) to be responsible for the use and management of the national notarization compensation fund, and to guide and supervise the notarization compensation fund managed and used by local notarization associations; (nine) responsible for notarization publicity, sponsored by notary publications; (10) Responsible for discussion, exchange and cooperation with foreign countries, Hong Kong, Macao and Taiwan; (1 1) Responsible for verifying notarial certificates across the Taiwan Straits and sending copies of notarial certificates; (12) Responsible for the contact production and deployment of notarized special water-printed paper, and assist the administration department in management; (13) Provide notarization legal consultation and other services; (14) Perform other duties as stipulated by laws and regulations and complete the affairs entrusted by the Ministry of Justice.
China Notary Association has formulated the Basic Code of Professional Ethics for Notaries (2011.1.6) and other normative documents to manage the notary industry.