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Regulations on the Administration of Foreign Law Firms' Representative Offices in China [Effective]
外国律师事务所驻华代表机构管理条例 [现行有效]
【法宝引证码】
 
  
  
Order of the State Council of the People's Republic of China
(No. 338)
The Regulations on the Administration of Foreign Law Firms' Representative Offices in China adopted at the 51st executive meeting of the State Council on December 19, 2001, are hereby promulgated, and shall come into force on January 1, 2002.
Zhu Rongji (Premier)
December 22, 2001
Regulations on the Administration of Foreign Law Firms' Representative Offices in China
 

中华人民共和国国务院令
(第338号)


《外国律师事务所驻华代表机构管理条例》已经2001年12月19日国务院第51次常务会议通过,现予公布,自2002年1月1日起施行。
总理 朱镕基
2001年12月22日
外国律师事务所驻华代表机构管理条例
Chapter I General Provisions
 

第一章 总则


Article 1 These Regulations are enacted in accordance with the Lawyers Lawof the People's Republic of China in order to regulate the establishment of foreign law firms' representative offices in China as well as their legal services.
   第一条 为了规范外国律师事务所驻华代表机构的设立及其法律服务活动,根据《中华人民共和国律师法》的规定,制定本条例。
Article 2 These Regulations shall be applicable to the establishment of and the legal services rendered by foreign law firms' representative offices in China (hereinafter referred to as representative offices).
   第二条 外国律师事务所设立驻华代表机构(以下简称代表机构),从事法律服务活动,适用本条例。
Article 3 The representative offices and their representatives shall, when rendering legal services, abide by the laws, regulations and rules of China, strictly observe Chinese lawyers' professional ethics and practice disciplines, and shall not damage China's national security or public benefits.
   第三条 代表机构及其代表从事法律服务活动,应当遵守中国的法律、法规和规章,恪守中国律师职业道德和执业纪律,不得损害中国国家安全和社会公共利益。
Article 4 The representative offices and their representatives shall, when rendering legal services in accordance with these Regulations, be protected by Chinese law.
   第四条 代表机构及其代表依照本条例规定从事法律服务活动,受中国法律保护。
Article 5 A foreign law firm shall bear the civil liabilities for the legal services rendered within the territory of China by its representative offices and the representatives.
   第五条 外国律师事务所对其代表机构及其代表在中国境内从事的法律服务活动承担民事责任。
Chapter II Establishment, Modification andCancellation of the Representative Offices
 

第二章 代表机构的设立、变更和注销


Article 6 Where a foreign law firm is to establish a representative office in or send representatives to China, it shall obtain the permission of the judicial administration department under the State Council.
No foreign law firm, other foreign organization or individual may render legal services within the territory of China in the name of a consulting company or in other name.
   第六条 外国律师事务所在华设立代表机构、派驻代表,应当经国务院司法行政部门许可。
外国律师事务所、外国其他组织或者个人不得以咨询公司或者其他名义在中国境内从事法律服务活动。
Article 7 Where a foreign law firm applies for establishing a representative office in or sending representatives to China, it shall fulfill the following conditions:
   第七条 外国律师事务所申请在华设立代表机构、派驻代表,应当具备下列条件:
(1) it has practiced legally in its own country, and has not been punished due to violation of lawyers' professional ethics or practice disciplines;
 (一)该外国律师事务所已在其本国合法执业,并且没有因违反律师职业道德、执业纪律受到处罚;
(2) every representative in the representative office shall be a practicing lawyer and also a member of the lawyers' association of the country where he acquired his practice qualification, and has practiced as a lawyer for no less than 2 years outside the territory of China, and has not been imposed upon criminal punishments or imposed upon other punishments due to violation of lawyers' professional ethics or practice disciplines; among the representatives, the chief representative shall have practiced as a lawyer for no less than 3 years outside the territory of China, and shall be a partner of the foreign law firm or a person holding the same post;
 (二)代表机构的代表应当是执业律师和执业资格取得国律师协会会员,并且已在中国境外执业不少于2年,没有受过刑事处罚或者没有因违反律师职业道德、执业纪律受过处罚;其中,首席代表已在中国境外执业不少于3年,并且是该外国律师事务所的合伙人或者是相同职位的人员;
(3) it shall be in need of establishing a representative office in China to carry out legal services.
 (三)有在华设立代表机构开展法律服务业务的实际需要。
Article 8 A foreign law firm shall, when applying for establishing a representative office in China, submit the following documents to the judicial administration department of the people's government of the province, autonomous region or municipality directly under the Central Government where the proposed representative office is to be domiciled:
   第八条 外国律师事务所申请在华设立代表机构,应当向拟设立的代表机构住所地的省、自治区、直辖市人民政府司法行政部门提交下列文件材料:
(1) the application letter signed by the person in the foreign law firm primarily responsible for establishing the representative office and sending the representatives; the name of the representative office under proposed establishment shall be “XX 律师事务所 (Chinese translation of the name of this law firm) 驻XX (name of the city in China) 代表处”;
 (一)该外国律师事务所主要负责人签署的设立代表机构、派驻代表的申请书。拟设立的代表机构的名称应当为“××律师事务所(该律师事务所的中文译名)驻××(中国城市名)代表处”;
(2) the documents attesting that the foreign law firm has been legally established in its own country;
 (二)该外国律师事务所在其本国已经合法设立的证明文件;
(3) the partnership agreement or articles of association of this foreign law firm as well as the name list of the responsible person and partners;
 (三)该外国律师事务所的合伙协议或者成立章程以及负责人、合伙人名单;
(4) the powers of attorney issued by the foreign law firm to the representatives under proposed appointment in the representative office, as well as the confirmation letter stating that the chief representative under proposed appointment is a partner of this law firm or a person holding the same post;
 (四)该外国律师事务所给代表机构各拟任代表的授权书,以及拟任首席代表系该律师事务所合伙人或者相同职位人员的确认书;
(5) the lawyer's practice qualifications of the representatives under proposed appointment in the representative office as well as the documents attesting that the chief representative under proposed appointment has practiced as a lawyer for no less than 3 years outside the territory of China and other representatives under proposed appointment have practiced as lawyers for no less than 2 years outside the territory of China;
 (五)代表机构各拟任代表的律师执业资格以及拟任首席代表已在中国境外执业不少于3年、其他拟任代表已在中国境外执业不少于2年的证明文件;
(6) the documents issued by the lawyers' association of the country where the foreign law firm is domiciled which attest that the representatives under proposed appointment in the representative office are members of the lawyers' association of the country;
 (六)该外国律师事务所所在国的律师协会出具的该代表机构各拟任代表为本国律师协会会员的证明文件;
(7) the documents issued by the lawyers' administrative organ of the country where the foreign law firm is domiciled which attest that the law firm and the representatives under proposed appointment have never been imposed upon criminal punishments or imposed upon other punishments due to violation of lawyers' professional ethics or practice disciplines.
The documents enumerated in the preceding paragraph shall be notarized by a public notarial office or a public notary of the applicant's own country, as well as be confirmed by both the organ of the country in charge of foreign affairs or an organ authorized by the organ of the country in charge of foreign affairs and also be confirmed by the Chinese embassy or consulate stationed in that country.
The documents submitted by the foreign law firm shall be in triplicate, and their Chinese versions shall be attached.
 (七)该外国律师事务所所在国的律师管理机构出具的该律师事务所以及各拟任代表没有受过刑事处罚和没有因违反律师职业道德、执业纪律受过处罚的证明文件。
前款所列文件材料,应当经申请人本国公证机构或者公证人的公证、其本国外交主管机关或者外交主管机关授权的机关认证,并经中国驻该国使(领)馆认证。
外国律师事务所提交的文件材料应当一式三份,外文材料应当附中文译文。
Article 9 The judicial administration department of the people's government of a province, autonomous region or municipality directly under the Central Government shall, within 3 months after receiving the application documents, complete the examination and submit the examination opinion and the documents to the judicial administration department under the State Council for check. The judicial administration department under the State Council shall make a decision within 6 months, and shall either grant a license to the representative office that is permitted to be established and practice certificates to the representatives or inform the applicant of the reason if the representative office is not permitted to be established.
   第九条 省、自治区、直辖市人民政府司法行政部门应当自收到申请文件材料之日起3个月内审查完毕,并将审查意见连同文件材料报送国务院司法行政部门审核。国务院司法行政部门应当在6个月内作出决定,对许可设立的代表机构发给执业执照,并对其代表发给执业证书;对不予许可的,应当书面告知其理由。
Article 10 A representative office and its representatives shall not carry out the legal services provided for in these Regulations until they have, with the license and the practice certificates, completed the registration formalities in the judicial administration department of the province, autonomous region or municipality directly under the Central Government where the representative office is domiciled. The representative office and its representatives shall be registered once every year.
The judicial administration department of the people's government of the province, autonomous region or municipality directly under the Central Government shall handle the registration formalities within 2 days after receiving the application for registration.
   第十条 代表机构及其代表,应当持执业执照、执业证书在代表机构住所地的省、自治区、直辖市司法行政部门办理注册手续后,方可开展本条例规定的法律服务活动。代表机构及其代表每年应当注册一次。
省、自治区、直辖市人民政府司法行政部门应当自接到注册申请之日起2日内办理注册手续。
Article 11 The representative office shall, in accordance with the relevant laws and regulations, go through the formalities related to tax affairs, banking affairs and foreign exchange.
   第十一条 代表机构应当按照有关法律、行政法规的规定,办理有关的税务、银行、外汇等手续。
Article 12 Where a foreign law firm needs to change the name of its representative office or reduce the number of its representatives, it shall, in advance, submit the application letter signed by its main responsible person and other relevant documents to the judicial administration department of the people's government of the province, autonomous region or municipality directly under the Central Government where the representative office is domiciled. The practice certificates of those who will no longer be the representatives shall, upon approval by the judicial administration department under the State Council, be taken back.
Where a representative office is under merger, division or is to increase newly appointed representatives, it shall go through the permission formalities in accordance with the provisions in these Regulations related to the procedures on the establishment of representative offices.
   第十二条 外国律师事务所需要变更代表机构名称、减少代表的,应当事先向代表机构住所地的省、自治区、直辖市人民政府司法行政部门提交其主要负责人签署的申请书和有关的文件材料,经国务院司法行政部门核准,并收回不再担任代表的人员的执业证书。
代表机构合并、分立或者增加新任代表的,应当依照本条例有关代表机构设立程序的规定办理许可手续。
Article 13 Where a representative in a representative office is under any of the following circumstances, the judicial administration department under the State Council shall revoke his practice permit and take back his practice certificate, and the judicial administration department of the people's government of the province, autonomous region or municipality directly under the Central Government shall accordingly cancel his practice registration:
......
   第十三条 代表机构的代表有下列情形之一的,由国务院司法行政部门撤销其执业许可并收回其执业证书,由省、自治区、直辖市人民政府司法行政部门相应注销其执业注册:

......



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