司法部关于执行《外国律师事务所驻华代表机构管理条例》的规定 Implementing the 《Administration of Representative Offices of Foreign

riplicate of originals and duplicates.

　　Article 29　The office （bureau） of justice of the province， autonomous region or municipality directly under the central government shall deal with the application materials that any representative offices of a foreign law firm submits for the dispatch of a representa

tive pursuant to the following procedures：

　　（1） if all the application materials required are submitted， the application shall be handled in accordance with Article 9 of the Regulations； or

　　（2） if any of the application materials required is not submitted， the office （bureau） of justice shall， within 15 days from its receipt of the application materials， notify the applicant to submit the other materials required. If the applicant submits the other materials required within three months from its initial submission， the application shall be handled in accordance with the item above. If the applicant fails to submit the materials required within three months from its initial submission， the application shall be rejected and a written notification shall be sent to the applicant within 15 days.

　　Article 30　The Ministry of Justice shall approve the application within six months from its receipt of the application materials and examination opinions from an office （bureau） of justice of the province， autonomous region or municipality directly under the central government. Where an application is rejected， the reasons shall be specified in writing to the applicant.

　　Representative offices of foreign law firms shall receive the practising certificate for the representatives from the office （bureau） of justice of the province， autonomous region or municipality directly under the central government with the approval notice and handle relevant procedures with the relevant authorities.

　　Article 31　If a representative is found in any of the circumstances set out in Article 13 of the Regulations， the Ministry of Justice shall revoke the practising certificate of the representative， and the office （bureau） of justice of the province， autonomous region or municipality directly under the central government where a representative office is located shall withdraw his practising certificate and cancel his practising registration and make a public announcement of such cancellation.

　　PART FIVE　RULES FOR PRACTISING

　　Article 32　Any of the following shall be deemed as “Chinese legal affairs” set out in Article 15 of the Regulations：

　　（1） to be engaged in any litigation in China as a lawyer；

　　（2） to give legal opinions or certifications for any specific issues in any contracts， agreements， articles of association， or other written documents with respect to application of Chinese law；

　　（3） to provide legal opinions or certifications for any acts or incidences with respect to application of Chinese law；

　　（4） to provide opinions in the capacity of attorney in arbitration on the application of the Chinese law；

　　（5） to go through， on behalf of its clients， any registration， change， application， filing or other procedures with any Chinese government authorities or any other organizations that are authorized by laws or regulations to carry out administrative functions.

　　Article 33　No representative office or its representative may provide any specific opinions or evaluation in respect of the application of Chinese laws in their provision of any information on the impact of the Chinese legal environment in accordance with Item （5） of Paragraph One of Article 15 of the Regulations.

　　Article 34　In accordance with Article 11 of the Regulations， a representative office shall open its Renminbi bank account and foreign exchange account to receive payments transferred by its clients within China.

　　Before applying to buy and obtain invoice books with local taxation authorities， a representative office shall， in accordance with the tax laws and regulations of China， complete its taxation registration to fulfil its taxation obligations.

　　Article 35　If a representative office wants to employ Chinese support personnel， it shall go through the procedures of employment with a local foreign enterprises service organization and obtain

employees' certificates from the office （bureau） of justice of the province， autonomous region or municipality directly under the central government where it is located.

　　Article 36　If a representative office wants to employ expatriate support personnel， it shall， in accordance with the relevant provisions on employment of expatriates in the PRC， apply to the office （bureau） of justice of the province， autonomous region or municipality directly under the central government where it is located. After the application is approved， it shall complete the procedures for employment and residence with the relevant departments.

　　Article 37　A representative office shall comply with the following rules in its publicity：

　　（1） when stating to its clients the business that it may engage in China， it shall also specify that it does not have the qualification， licence or ability to provide Chinese legal services；

　　（2） when stating to its clients that certain personnel have Chinese lawyer qualifications or have been PRC admitted lawyers， it shall also specify that the personnel cannot practise Chinese law at present； and

　　（3） when publicity mentioned above is made through letters or business cards， the statements set out in Items （1） and （2） above shall also be included.

　　Article 38　None of the representative or support personnel of a representative office may provide services in relation to Chinese law as a “Chinese legal consultant”。

　　Article 39　No representative office or any law firm that establishes representative offices may：

　　（1） invest in any Chinese law firm， whether directly or indirectly；

　　（2） operate on an associated basis with any Chinese law firm or Chinese lawyer with which they share profits or risks；

　　（3） establish joint office with any Chinese law firm or dispatch personnel to be engaged in legal services in any Chinese law firm； or

　　（4） manage， operate， control or enjoy equity interests in any Chinese law firm.

　　Article 40　Any of the following activities shall be deemed as employing PRC admitted lawyers：

　　（1） to reach employment or labour agreement（s） with PRC admitted lawyers；

　　（2） to establish de facto employment or labour relationships with PRC admitted lawyers；

　　（3） to reach an agreement with a PRC admitted lawyer on sharing profits or risks or participating in management；

　　（4） to pay any remuneration， fees or business dividends to PRC admitted lawyers； or

　　（5） to employ PRC admitted lawyers to engage in external business activities on behalf of the representative office or the law firm to which the representative office is affiliated.

　　Article 41　A representative office shall make clarification and explanation in respect of any complaints.

　　PART SIX　SUPPLEMENTARY PROVISIONS

　　Article 42　A representative office shall hang its Practising Licence of Representative Offices of Foreign Law Firms in China in a conspicuous place in the office.

　　A representative office shall set a board in its office， which contains its complete Chinese and English name.

　　Article 43　The Practising Licence of Representative Offices of Foreign Law Firms shall be printed and issued by the Ministry of Justice.

　　The Practising Certificates of Representatives of Representative Offices of Foreign Law Firms and the Certificates for Employees of Representative Offices of Foreign Law Firms shall be printed by the Ministry of Justice and issued by the offices （bureaux） of justice of the provinces， autonomous regions or municipalities directly under the central government.

　　Article 44　With the exceptions of seizure and revocation by the issuing authorities pursuant to statutory procedures， no work unit or individual may withdraw， withhold or damage the Practising Licences of Representative Offices of Foreign Law Firms， Practising Certificates of

Representatives of representative offices of Foreign Law Firms and the Certificates for Employees of Representative Offices of Foreign Law Firms.

　　Article 45　The originals and duplicates of the practising licences of representative offices， the practising certificates of the representatives and the certificates for employees shall not be counterfeited， tampered， let， lent， transferred or sold.

　　If any person or office is in violation of the above paragraph， relevant legal liability will be pursued in accordance with the law.

　　Article 46　If a representative office loses its practising licence of representative offices or practising certificate（s） of its representatives， it may apply for a new licence or certificate（s） after a public announcement of the matter.

　　Article 47　The Provisions shall come into effect as of 1 September 2002

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