201 7〕62号 South Division Letter [ 201 7] No. 62
7 日（星期五）上午下班前将书面意见反馈至市司法局（交换箱号 84# ，传真 0771-38600 31）。 In order to further exert the role of the notarization system, implement the spirit of relevant documents of the Party Central Committee and the State Council on deepening the reform of notarization work and the classification and promotion of public institution reforms, promote the reform of notarization institutions, strengthen the public welfare attributes of notarization work, and promote the sustainable and healthy development of the notarization cause in Nanning. Our Office has drafted the "Opinions on Accelerating the Reform of the City's Notary Institution System" (draft for comments), and is now open for comments and suggestions. Please propose amendments, and please provide written comments before leaving on the morning of October 17 (Friday) To the Municipal Justice Bureau (exchange box number 84 # , fax 0771-38600 31).
38600 12 Contact: Pan Ying, Huang Nijing; Tel: 38600 12
7年10月 12 日 201 October 12 , 7
Opinions on accelerating the reform of the city's notary institutions
(Draft for comments)
结合我市实际，现 制定 如下实施 方案： In order to further exert the role of the notarization system, implement the spirit of relevant documents of the Party Central Committee and the State Council on deepening the reform of notarization work and the classification and promotion of public institution reforms, promote the reform of notarization institutions, strengthen the public welfare attributes of notarization work, and promote the sustainable and healthy development of the notarization cause in Nanning. Based on the actual situation of our city, the following implementation plan is formulated :
I. General requirements
(1) Guiding ideology. 〔 2014〕 4号)以及国务院批准的《关于深化公证工作改革的方案》、 《司法部 中央编办 财政部 人力资源社会保障部印发 <关于推进公证体制改革机制创新工作的意见>的通知》（司发〔2017〕8号） 和 《广西壮族自治区人民政府办公厅关于加快 推进全区公证机构体制改革的意见》（桂政办发 〔 2017〕117号 ）等法律和文件规定，积极稳妥地整体推进全市公证机构体制改革，激发公证机构活力，提升公证服务能力， Fully implement the spirit of the 18th National Congress of the Party and the 3rd, 4th, 5th and 6th Plenary Sessions of the 18th CPC Central Committee, thoroughly implement the spirit of General Secretary Xi Jinping's series of important speeches and new ideas and strategies for governing the country, and further implement the "China Notarization Law of the People's Republic , Guiding Opinions of the Central Committee of the Communist Party of China on Promoting the Reform of Public Institutions by Classification, Implementation Opinions of the People's Government of the Guangxi Zhuang Autonomous Region of the Communist Party of China Committee on Promoting the Reform of Public Institutions by Classification (Guifa [ 2014] No. 4) and The "Approval Plan for Deepening the Reform of the Notarization Work" approved by the State Council, the "Notice on Printing and Distributing the" Opinions on Promoting the Innovation of the Notarization System Reform Mechanism " issued by the Ministry of Justice, the Central Office of the Ministry of Finance, the Ministry of Finance, and the Ministry of Human Resources and Social Security . ) And the "Opinions of the General Office of the People's Government of Guangxi Zhuang Autonomous Region on Accelerating the Reform of the Notary Institution System in the Region" (Gui Zheng Ban Fa [ 2017] No. 117 ) and other laws and document provisions, actively and steadily promote the overall reform of the city's notary agency system, inspiring notary agencies vitality, enhance notary service capabilities, Nanning to speed up the construction of "four cities", courageously Guangxi to create a "three ecological" and achieve "two into a" vanguard of providing quality and efficient legal services and notary protection.
(2) Reform goals. The city's existing administrative system notarization institutions will all be changed to the business system by the end of 2017; the establishment management, personnel management, and income distribution mechanism of the business system notarization institution will be continuously improved; the pilot work of the cooperative notarization institution will be steadily advanced. Supporting policies to support the development of notarization agencies have been gradually established and improved, and the system and policy environment for the development of notarization services have been increasingly optimized. The enthusiasm of staff of notarization agencies has been further mobilized, and the vitality of development has been further enhanced.
(3) Reform principles.
1. According to law and regulations. Implement the Notary Law of the People's Republic of China and the deployment and requirements of the Party Central Committee and the State Council on the reform of notarization work, adhere to the public welfare and non-profit nature of notarization institutions, and promote the reform of the notary institution system in accordance with laws and regulations.
2. Convenient for the people. Comprehensively consider the local economic and social development level, population size, traffic conditions, and actual demand for notarization services, scientifically and rationally allocate notarization service resources, facilitate parties to apply for notarization, and meet the needs of the people in the vicinity.
3. Classification guidance. According to the differences in the progress of the reform of notarization institutions in different regions and different systems, all parts of the city can introduce corresponding supporting policies and measures in terms of institution establishment, personnel management, income distribution, social security, finance, and other aspects to ensure that the reform has achieved effective results.
4. Promote development. Implement the legal person status of the notary institution, provide financial, personnel, and social security policy support, establish an effective incentive mechanism, stimulate the vitality of the notary institution, enhance the strength of career development, and promote the sustainable and healthy development of the notary industry.
Second, the main task
(1) Establish a public welfare and non-profit notary system that is compatible with Nanning's economic and social development.
1. Implement the public welfare and non-profit nature of the notary. Notarization of business system
Public institutions engaged in public welfare services adhere to the attributes of public welfare and non-profit public corporations, and continue to advance the reform in accordance with the spirit of the reform of public institution classification.
2. Reasonable layout of notarial agencies. According to the economic and social development situation and the demand for notarization services, all parts of the city can establish notarization institutions for business systems in cities, counties (districts) in accordance with the principles of overall planning and reasonable layout. As a notary institution with a section in the judicial administrative organ changed to a business system, a new public institution may be established, which may be incorporated in a certain area in accordance with the principle of streamlining efficiency, or one or several notarization institutions of the business system may be established. Notarial offices are not established in layers according to administrative divisions.
3． Prepared by scientific allocation agencies. 科学合理的选择事业体制公证机构类别， 建立健全符合公证事业发展需求的编制管理制度， 对划入公益二类的公证机构实行备案制。 According to the level of economic development and social notarization needs, various parts of the city scientifically and rationally select the types of notarization institutions in the business system, establish and improve a compilation management system that meets the needs of notarization development, and implement a filing system for notarization institutions classified as public welfare. The establishments required by notary agencies at all levels shall be adjusted within the total amount of establishments at this level. After the administrative system notarization institution was changed to the business system, the administrative establishment originally used by the notarization institution was withdrawn by the institution establishments at all levels, and coordinated to strengthen the key urgently needed areas of the judicial administration system and grass-roots work force as required.
4． Relevant personnel should be placed safely. In the reform, if the notary who has the status of a civil servant chooses to stay in the judicial administrative organ, he retains the status of a civil servant and enjoys the corresponding benefits; if the notary has the status of a civil servant or a public officer, he chooses to stay in the reformed notary office Implementation of the personnel management system of public institutions, no longer retain the status of civil servants or public servants; notarized personnel who have the status of public servants or career establishment, meet the requirements of civil service transfer, I submit an application, approved by the competent civil service department, can be transferred to the administrative Work of government agencies; those who meet the retirement requirements shall go through the retirement procedures in accordance with regulations.
The non-staff hired by the original administrative system notarization agency is willing to stay in the restructured business system
If a notarial agency works, the employment procedures shall be standardized in accordance with the relevant regulations of the state and the autonomous region; if it is unwilling to stay in the notarized institution of the restructured business system, the labor (hiring) contract shall be terminated in accordance with the law and regulations. For the termination of employment (employment) contract personnel, timely and properly handle social insurance relationship transfer and continuation work; those who have not participated in social insurance, should solve social insurance issues before termination of employment (hiring) contract.
(2) Implement related supporting policies.
1. Fiscal and taxation system.
( 1) Improve the financial management system. After the restructuring, the notary institution shall establish an independent account, implement independent accounting, and manage independently. Establish and improve a scientific and reasonable accounting system for the operating costs and profits of notary institutions. Qualified notary institutions implement a corporate financial management system. Notary agencies may open special accounts for deposits and withdrawals according to business needs.
( 2) Notarization charges use tax invoices in accordance with regulations and pay taxes in accordance with the law, and enjoy relevant tax preferential policies in accordance with the law.
( 3) Strengthen financial protection. The notary institutions that have been reformed into public welfare institutions shall provide corresponding funding guarantees in accordance with the relevant policies and regulations for the reform of the classification of public institutions.
2. Personnel and social security systems.
( 1) Reasonably set the position of notary agencies. Professional and technical positions are generally not less than 70% of the total number of unit positions.
If there is a vacancy in the post within the establishment limit of a notary office and additional staff are required, it shall be implemented in accordance with the relevant regulations on public recruitment of public institutions.
( 2) Implementation of the professional and technical qualification assessment of notaries. After the restructuring, notaries who are converted from administrative establishments or referenced civil servant managers to career establishments can declare notarized professional and technical qualifications in accordance with relevant regulations, participate in job competition, and cash in on the positions they have hired.
Should be treated. When assessing professional and technical qualifications, those who meet the requirements for the notarization series of assessments, the time spent in notarization work at a notarization institution in the calendar year may be counted as qualifications.
( 3) Notarization agencies and their staff members participate in social insurance in accordance with regulations; basic endowment insurance and unemployment insurance for those who are converted from administrative establishments or those who are referred to civil servant managers to career establishments are counted according to the relevant national and autonomous region policy provisions.
( 4) Appropriately approve the total amount of performance wages of the notary institutions according to the situation of notarization work with high professionalism, high business requirements, and large legal risks.
3． Asset support.
( 1) Guarantee the necessary office space and office facilities of the notary office.
( 2) Conscientiously do a good job in the verification of assets, assets and assets during the restructuring of existing notary institutions. The assets being used by the restructured notarial institution will continue to be used by the notarial institution. The business files formed before the restructuring are managed by the notary institutions after the restructuring.
(3) Standardize and improve the internal operation mechanism of the notary office.
1. Implement the right of independent management of notary institutions. Deepen the reform of the internal operating mechanism of the notary institutions, ensure that they make decisions according to law, handle business independently and assume responsibilities. The director and deputy director of the notary office shall be elected from among the notaries. Implement the director responsibility system and clarify the personnel autonomy of the notary. The notary and other supporting personnel shall be hired by the notary according to business needs. Establish and improve the legal person property system of the notary institution, and ensure that the financial autonomy and property of the notary institution are not called free of charge. The legal consequences of the creditor's rights and debts before the restructuring of the notarization institution and its actions shall be borne by the original establishment. The restructured creditor's rights and debts are all borne by the restructured notary.
2. Improve the incentive mechanism for performance pay distribution. Establish and improve the performance wages of notary institutions that meet the public welfare attributes and social functions of notary institutions, and reflect the requirements of distribution according to work and more work
Distribution incentive mechanism. Notary agencies can distribute within the approved total amount of performance wages. Implement flexible and diverse performance-based salary distribution methods to closely link staff income with job responsibilities, work performance, and actual contributions.
3． Establish and improve a notarized insurance system. Notary agencies establish funds for career development, education and training, risk compensation, and pledges of practice in accordance with regulations.
(4) Actively exploring innovative organizational forms of notarization agencies.
在区司法厅出台公证机构合作制试点意见后，符合条件的可以依照规定推进合作制公证机构试点。 Judicial administrative organs at all levels in the city shall actively and steadily advance the pilot work of the cooperative notarization agency in accordance with the provisions and requirements of the Ministry of Justice and in accordance with the prescribed conditions and procedures. Provisions were made to promote the piloting of cooperative notary institutions.
3. Strengthen leadership to ensure the smooth progress of reform and promote the sustained and healthy development of the notary business
(1) Pay great attention to and organize carefully. All parts of the city must fully understand the importance of the reform of the notary organization system, attach great importance to it, make overall arrangements, and carefully implement it. All localities can formulate specific implementation measures in accordance with the present opinions and the actual situation in the local area, and steadily and orderly promote the reform of the local notary organization system. Institutions at all levels, human resources and social security, finance, taxation, price and other departments must vigorously support the work of reforming the system of notarization agencies, effectively perform their duties, and strengthen coordination. Judicial administrative organs at all levels should give full play to their functional roles and actively take measures to ensure that the restructuring work is successfully completed on time.
(2) Ensure the normal operation of the notary office. The administrative system notarization agency is transformed into a business system notarization agency. When the notary has not reached the quorum, the judicial administrative organs at all levels in the city may establish a transition period of 5 years as appropriate , and assign the incumbent personnel with the qualifications of notary to practice temporarily to the system Post-notary work, the identity and personnel matters of the assigned personnel
The system remains unchanged, and no remuneration can be received from the notary. After the transition period has expired or the notary of a notary public has reached the statutory number of practitioners, the designated person will no longer stay in office and return to work in the judicial administration.
(3) Strict discipline. Strict implementation of organizational personnel discipline, it is strictly forbidden to advance personnel and promote cadres by advancing reform. Strictly enforce the discipline of finance and management of state-owned assets to ensure that state-owned assets are not lost. Strictly implement the requirements for the reform of the notary institution system and ensure that policies are implemented in place. For those who have violated laws and regulations, the responsible personnel shall be held accountable.
(4) Actively support the development of notary work. Relevant departments throughout the city should actively support the work of notary agencies from the perspective of serving economic and social development, and promote the development of the notary business. Make full use of the functional advantages of notarization to maintain economic order, promote social stability, and promote the construction of a clean government under the rule of law. Actively incorporate public affairs such as land acquisition, house demolition, public resource allocation, government procurement, government project bidding, intellectual property protection, and rural collective property rights transfer into notarization. Scope of supervision. Encourage administrative organs at all levels and institutions with administrative functions to apply for notary services through government purchase of services.
10 月 12 日 October 12 , 2017