在华外国律师事务所办事处常驻律师登记办法

颁布日期：19990918 　实施日期：19991201 　颁布单位：中华全国律师协会

Adopted by the Fourth Standing Executive Council of the Fourth All-China Lawyers' Association on September 18, 1999

Article 1 These measures are formulated in light of strengthening the administration of the resident lawyers of the Chinese representative offices of foreign law firms in accordance with the relevant spirit of the Law of the People's Republic of China on Lawyers and the Statute of All-China Lawyers' Association.

Article 2 These measures shall apply to the resident lawyers of the Chinese offices of the foreign law firms that have obtained approval of the Ministry of Justice of the People's Republic of China for establishment.

The resident lawyers of the law firms of Hong Kong and Macao that have obtained approval for establishing representative offices in the mainland shall refer to these measures for application.

Article 3 The resident lawyers of the Chinese offices of the foreign law firms shall be the chief representatives, representatives and foreign lawyers who stay in China for more than 90 days consecutively handling the work of the Chinese representative offices of the foreign law firms that have obtained approval of the Ministry of Justice and have been registered with the State Administration for Industry and Commerce.

Article 4 The resident lawyers of the Chinese offices of the foreign law firms shall be registered.

Article 5 The All-China Lawyers' Association shall be responsible for the registration of the resident lawyers of the Chinese offices of the foreign law firms.

Article 6 The resident lawyers of the Chinese offices of foreign law firms shall apply to the All-China Lawyers' Association for registration for the next year from November 20 to December 20 of each year, subject to submitting the following materials:

1. registration form (in Chinese, duplicate);

2. credentials made by a chief partner of the foreign law firms attesting the good qualities of the applicant (original in both Chinese and English);

3. written pledge of the applicant to observe the laws and pertinent regulations of People's Republic of China.

Article 7 The foreign law firms that have obtained approval of the Ministry of Justice of the People's Republic of China for the establishment of representative offices in China shall, within 30 days after the registration with the State Administration for Industry and Commerce, apply to the All-China Lawyers' Association for the registration of resident lawyers, subject to submitting the following materials:

1. certificate of approval for establishment of representative office (replica in duplicate);

2. credential of representative;

3. credentials made by a chief partner of the foreign law firms attesting the good qualities of the applicant (original in both Chinese and English);

4. resume of the resident representative;

5. written pledge of the resident representative to observe the laws and pertinent regulations of the People's Republic of China (original in Chinese).

Article 8 In case of any change or addition of resident representatives, the Chinese offices of the foreign law firms shall, within 30 days after obtaining the aforesaid approval and registration, apply to the All-China Lawyers Association for registration, subject to submitting the certificate of representative.

Article 9 The resident lawyers of the Chinese offices of the foreign law firms shall, when apply to the All-China Lawyers' Association for registration, pay a registration fee in accordance with the relevant provisions of China.

Article 10 In case the resident lawyers violating Articles 4 and 9 of these measures, the All-China Lawyers' Association shall apply to the Ministry of Justice for disqualification or punishment in accordance with the relevant provisions of the Regulations for the Administration of the Chinese Branches of Foreign Law Firms.

Article 11 These measures shall enter into force as of December 1, 1999.

Article 12 The right of interpretation of these measures shall remain with the Ministry of Justice of the People's Republic of China.