The Ministry of Justice, the State Administration for Industry and Commerce Interim Provisions of the Ministry of Justice,the State Administration for Industry and Commerce on the Establishment of Offices within the Ministry of Justice, the State Administration for Industry and Commerce May 26, 1992 Chapter I General Provisions Article 1 These Provisions are formulated for the purposes of promoting the foreign economic and trade development and legal affairs exchange Article 2 Upon approval of the Ministry of Justice of the People’s Republic of China and with registration at the State Administration for Industry Article 3 Without approval and registration, no foreign law firm may establish any office within the territory of China and carry out any business Article 4 Offices established within the territory of China by foreign law firms (hereinafter referred to as offices of foreign law firms) and Article 5 Business activities engaged in by the offices of foreign law firms and their members within the scope of these Provisions are protected Article 6 According to the principle of mutual benefits, if a country to which the foreign law firm belongs allows Chinese law firms establish Chapter II Establishment and Termination Article 7 A foreign law firm which desires to establish an office within the territory of China shall submit its written application directly Article 8 A foreign law firm applying to establish an office within the territory of China shall submit the following materials (one original (1) a written application signed by the legal representative or the major partner of the said foreign law firm, which contains: a. the name of the firm; b. reasons for establishing the office; c. basic information about the said foreign law firm; d. profiles of the chief representative and other members of the office; e. the scope of business; f. term and location of the office. (2) the legal certificate of business (duplicate) and letter of recommendation issued by the competent organ or organization of the country (3) power of attorney on the appointment of the chief representative of the office by the said law firm; (4) qualification certificates (duplicates) of lawyers dispatched to the office; (5) a letter of guarantee for complying with China’s laws and accepting supervision and administration from the relevant departments of (6) laws or documents of the country to which the said law firm belongs on allowing foreign law firms to establish offices in the said The written application specified in the preceding paragraph must be written in Chinese language, and other materials must be accompanied Article 9 An applicant shall, within 60 days after receiving the notice of approval, acquire a certificate of approval at the time and place The applicant shall, within 30 days from the date of issuing the certificate of approval, apply for registration to the State Administration Article 10 The name of the office of a foreign law firm shall be called XX Law Firm XX (the city name) Office. Article 11 The term of the office of a foreign law firm is five years, and upon approval, may be extended after the expiration of the term. The Article 12 If the office of a foreign law firm changes its name, business scope, office location or chief representative, it shall submit a written Article 13 If the term of an office of a foreign law firm expires or its business activities are terminated in advance, it shall, 60 days in Article 14 Foreign law firms assume direct responsibility for taxes and debts of their offices established within the territory of China. Chapter III Business Article 15 Offices of foreign law firms and their members may engage in the following business activities: (1) to provide consultancy to their clients on laws of the countries approving the lawyers of the said law firms to practice lawyer’s (2) to accept authorization from their clients or China s law firms to handle legal affairs in the countries which have approved the lawyers (3) to represent for foreign clients and to entrust China’s law firms to handle legal affairs within the territory of China. Article 16 Offices of foreign law firms and their members may not engage in the following business activities: (1) to act as agent on Chinese legal affairs; (2) to interpret China s laws to their clients; or (3) other business activities not allowed by China’s laws for foreigners to engage in. Article 17 Hiring of employees by offices of foreign law firms are handled with reference to the relevant provisions on the administration of Offices of foreign law firms may not employ Chinese lawyers. Article 18 When engaging in business activities, offices of foreign law firms may charge fees from their clients. Fees charged from business Chapter IV Administration Article 19 The Ministry of Justice of the People’s Republic of China is the government department in charge of the administration of offices The Ministry of justice of the People’s Republic of China authorizes the departments (bureaus) of Justice of provinces, autonomous Article 20 Offices of foreign law firms and their members shall follow China’s laws in carrying out their activities of entry and exit, residence, Article 21 Foreign law firms shall pay application fees to the approval organs when applying to establish offices within the territory of China, Article 22 Offices of foreign law firms must, prior to January 30 each year, submit their reports in Chinese language on their business activities, The office of a foreign law firm must, 30 days prior to the expiration of the Registration Certificate issued by the registration Article 23 If an office of a foreign law firm violates these Provisions, the Ministry of Justice of the People’s Republic of China or its authorized Chapter V Supplementary Provisions Article 24 The establishment of permanent representatives within China by foreign law firms is governed by applying mutatis mutandis these Interim Article 25 The establishment of offices or permanent representatives in the Chinese mainland by law firms from Hong Kong and Macao is governed Article 26 The Ministry of Justice of the People’s Republic of China is responsible for the interpretation of these Interim Provisions. Article 27 These Interim Provisions shall enter into force as of the date of promulgation. |
The Ministry of Justice, the State Administration for Industry and Commerce
1992-05-26