(Adopted at the 51st Executive Meeting of the State Council on December 19, 2001, promulgated by the Decree No. 338 of the State Council of the People's Republic of China on December 22,2001, and effective as of January 1, 2002)
Chapter I General Provisions
Article 1These Regulations are formulated in accordance with the Law of the People's Republic of China on Lawyers for the purposes of regulating the establishment of representative offices in China by foreign law firms and legal service activities there of.
Article 2These Regulations are applicable to the establishment of representative offices in China (hereinafter referred to as "representative offices") by foreign law firms and the legal service activities they conduct.
Article 3Representative offices and their representatives shall, when conducting legal service activities, abide by the laws, regulations and rules of China, scrupulously observe the professional ethics and practice discipline of Chinese lawyers, and shall not endanger the State security, social and public interests in China.
Article 4Representative offices and their representatives, when conducting legal service activities in accordance with the provisions of these Regulations, are protected by Chinese law.
Article 5Foreign law firms assume civil liability for the legal service activities conducted by their representative offices and representatives within the territory of China.
Chapter II Establishment, Change, and Registration Cancellation of Representative Offices
Article 6The establishment of a representative office in China and the posting of representatives thereto by a foreign law firm shall be permitted by the judicial administration department of the State Council.
No foreign law firms, other organizations or individuals may conduct legal service activities within the territory of China as a consulting firm or under other names.
Article 7A foreign law firm applying to establish a representative office in China and post representatives thereto shall meet the following requirements:
(1) it has been in practice lawfully in its home country and never has been punished for a violation of lawyers' professional ethics or practice discipline;
(2) the representatives of the representative office are practitioner lawyers who are members of the bar or law society of the country where they obtain the qualifications to practice, have practiced for not less than two years outside of China, and have never been punished for a criminal offense or a violation of lawyers' professional ethics or practice discipline. The chief representative of the representative office has practiced for not less than three years outside of China and is a partner or equivalent of the said firm.
(3) there is an actual need to establish a representative office in China to conduct legal service business.
Article 8A foreign law firm applying to establish a representative office in China shall produce 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 located:
(1) an application signed by the principal responsible person of the said foreign law firm for establishing the representative office in China and posting representatives thereto. The name of the proposed representative office shall be "Representative Office of ______(name of the said law firm translated into Chinese) in______(name of the Chinese city where the proposed representative office is to be located)";
(2) documents certifying that the said law firm has been lawfully established in its home country;
(3) the partnership agreement or the articles of association of the said law firm, and a list of its responsible persons and partners;
(4) the power of attorney issued by the said law firm to the representatives of the proposed representative office, and a written statement confirming that the chief representative is a partner of the said law firm or equivalent;
(5) certificates of the qualifications to practice of each representative of the proposed representative office, and documents certifying that the chief representative has practiced law for not less than three years outside of China and the other representatives for not less than two years.
(6) documents from the bar or law society of the said law firm's home country certifying that the representatives of the proposed representative office are their members;
(7) documents from the lawyer administration department of the said law firm's home country certifying that the said law firm and the representatives of the proposed representative office have never been punished for a criminal offense or a violation of lawyers' professional ethics or practice discipline.
The documents listed in the preceding paragraph shall be notarized by a notary institution or a notary in the applicant's home country, authenticated by the competent foreign affairs organ of the applicant's home country or an organ authorized by it, and authenticated by the Chinese Embassy or Consulate in such country.
The documents submitted by the foreign law firm shall have three copies, and a corresponding Chinese translation shall be attached to those in a foreign language.
Article 9The judicial administration departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, within three months from the date of receiving the application documents, finish the examination of them, and submit their examination opinions and such application documents to the judicial administration department of the State Council for reexamination. The judicial administration department of the State Council shall make a decision within six months; if the establishment of the proposed representative office is permitted, a license to practice shall be issued thereto and certificates to practice to its representatives; if permission is not granted, the applicant shall be informed of the reasons in writing.
Article 10Before conducting the legal service activities provided for in these Regulations, representative offices and their representatives shall, on the basis of their licenses to practice and certificates to practice, register with the judicial administration department of the people's government of the provinces, autonomous regions and municipalities directly under the Central Government where such representative offices are located. Representative offices and their representatives shall register annually.
The judicial administration departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall handle the registration applications within two days from the date of receiving them.
Article 11A representative office shall, in accordance with relevant laws and administrative regulations, go through formalities of taxation, banking and foreign exchange, etc.
Article 12A foreign law firm which needs to change the name of its representative office, or reduce its representatives shall in advance submit an application signed by its principle 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 said office is located. Such changes or reduction shall be subject to the examination and approval of the judicial administration department of the State Council, and the certificates to practice of those who do not serve as representatives any longer shall be withdrawn.
In the case of merger, division or posting of new representatives, a representative office shall go through the permission formalities in accordance with the provisions of these Regulations for the establishment of a representative office.
Article 13Where a representative of a representative office falls into one of the following circumstances, the judicial administration department of the State Council shall revoke the permission to practice granted to him and withdraw his certificate to practice, and the judicial administration department of the people's government of the province, autonomous region or municipality directly under the Central Government shall cancel his registration to practice accordingly:
(1) his license to practice in his home country has become void;
(2) being disqualified as a representative by the foreign law firm he belongs to;
(3) his certificate to practice or the license to practice of the representative office he belongs to is revoked according to law.
Article 14Where a representative office falls into one of the following circumstances, the judicial administration department of the State Council shall revoke the permission to practice granted to it and withdraw its license to practice; and the judicial administration department of the people's government of the province, autonomous region and municipality directly under the Central Government shall cancel its registration to practice accordingly:
(1) the foreign law firm it affiliates to has been dissolved or the registration of which has been canceled;
(2) the foreign law firm it affiliates to applies to cancel its registration;
(3) it does not meet the requirements set forth in Article 7 of these Regulations any longer;
(4) its license to practice is revoked according to law.
The representative offices whose registration is cancelled in accordance with the preceding paragraph shall be liquidated according to law, and before the repayment of their liabilities, their property shall not be transferred out of the territory of China.
