Lawyers And Law Firms Practising Certificate Management

Original Language Title: 律师和律师事务所执业证书管理办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/200912/20091200145477.shtml

Lawyers and law firms practising certificate management

    (September 21, 2009 the Ministry of Justice announced come into force on the date of promulgation, 119th) first in order to standardize and enhance solicitors practising certificate and law firm licenses (collectively the "practising certificate") management, in accordance with the People's Republic of China relevant provisions of the law, combined with management lawyers work, these measures are formulated.

    Second lawyer solicitor practising certificate is legally allowed to practise the valid documents.

    Law firm the certificate is effective in law firm allowed to set up according to law and practice document.

    Lawyer's practice certificate article includes applies to full-time, part-time lawyers "lawyer's practice certificate" for Hong Kong, Macao, and Taiwan residents ' Mainland (Mainland) in the legal profession "lawyer's practice certificate" in two ways. Law firm practising certificates including law firm practising certificate, license to practice of the law firm of attorney.

    Law firms (including law firms, the same below) includes an original and a copy of the certificate of practice, copy of the original and has the same legal effect. Article fourth of lawyers and law firms practising certificate shall specify the content, production specifications, licenses and system specifications stipulated by the Ministry of Justice.

    Practising certificate made centrally by the Ministry of Justice. Lawyers and law firms practising certificate when the printing of a practising certificate serial number.

    The judicial administrative organs of provinces, autonomous regions and municipalities issuing, cancellation or renewal of practising certificate, replacement should be practising certificate of registration serial number.

    Fifth province, autonomous region, or municipality directly under the administration of justice organs receive a blank certificate of practice shall apply for a report at the beginning of each year to the Ministry of Justice and submitted to the lawyer and law firm licensing usage statistics and relevant registration form.

    Sixth province, autonomous region, or municipality directly under the administration of Justice authority shall make a decision on lawyer's decision or decision within 10th of approving an established law firm, practising certificate issued to the applicant.

    Practising certificate should be stamped with the seal of the issuing authority, photo at a lawyer's practice certificate holders should be sealed by the issuing authority stamp.

    Article seventh lawyer or law firm shall take good care of a practising certificate shall not be altered, altered, mortgage, loan, lease or intentionally damage. Eighth lawyer, law firms, legal use of practising certificates. Lawyer lawyer's practice certificate shall show.

    Law firm practising certificate should be originals hanging prominently in practice places; a copy of the certificate of practice for identification.

    Nineth solicitors asking to change executive institution, change auditing authority shall make a decision on changes to decide within 10th of lawyer's practice certificate renewal for the applicant.

    Law firm changes its name, person in charge of such matters as, organization, shelter, change auditing or registration authority shall make a decision on the change decision or from the date of filing in the 10th, as a matter of law firms practicing certificate changes registration or renewal of a practising certificate.

    Article tenth lawyers, law firms, due to reasons such as damaged practising certificate, led to a practising certificate is not available, he shall apply for renewal of practising certificates. Renewal of a practising certificate shall be made to the city divided into districts, or municipal district (County) organ for the administration of Justice, from the date of its receipt of the application within the 5th completed its review and submit the original certificate authority.

    Original issuing authorities shall from the date of receipt of the application within the 10th completes its review, compliance, to issue a practising certificate to applicants; do not meet the requirements, not to issue a practising certificate, and indicate to the applicant the reasons.

    Admission to issue a practising certificate, the applicant received a new practising certificate, the practising certificate should be returned to the original issuing authorities. 11th practising certificate lost, the seat of the lawyer or law firm shall promptly report to the County (district) the judicial administrative organs, and above the provincial level newspapers or a designated certification authority website missing declarations.

    Loss statement shall include the loss of a practising certificate types, the holder's name (name), licensed and practising certificate serial number. Lawyers, law firms apply for the issuance of practising certificates, in accordance with the provisions of the second paragraph of this article tenth procedures.

    Application shall submit proof of loss statement published material.

    12th article set district of city level or municipalities of district (County) judicial administrative organ Yu annual completed on lawyer firm annual check assessment Hou, should in lawyer firm and lawyer practice industry certificate corresponding column within fill in assessment annual, and assessment results, and assessment (record) organ, and assessment (record) date; in lawyer firm practice industry certificate copy Shang stamped "lawyer firm annual check assessment" dedicated chapter, in lawyer practice industry certificate Shang stamped "lawyer annual assessment record" dedicated chapter. Article 13th law to stop practising penalties, law firms were ordered to stop penalties, by making the decision of judicial administrative organs or by delegated judicial administrative organs at the next level in announcing or punishment decision withholding the punishment served on lawyers, law firm practising certificate.

    Expiration of the punishment be returned.

    14th judicial administrative organs in accordance with the law firm administrative penalties for offences, made the decision the date on which the judicial decision of the administrative authority shall within 15th, contents of the penalties in the law firm on the copy of the certificate of registration.

    15th lawyers, law firms were cancelled practice licensed or practising certificate has been revoked, the revocation or the decision of the administration of justice organs or by delegated judicial administrative organs at the next level in declared or served on the dissolution or decision collected the lawyers, law firm practising certificate, and in accordance with the prescribed procedures to be cancelled.

    Lawyers, law firms practising terminated for other reasons, you need to remove his practising certificate, the lawyers, law firm practising certificate should be handed in their County (district) administration of Justice, by its original issuing authority under prescribed procedures to be cancelled.

    Lawyers, law firms are to withdraw licensing, practising certificate has been revoked, or otherwise terminated practice, refused to hand over a practising certificate, the original issuing authority notice to remove his practising certificate.

    16th judicial administrative organs of provinces, autonomous regions and municipalities should be cancelled, cancelled practising certificate for destruction.

    17th judicial administrative organs of provinces, autonomous regions and municipalities shall be issued, cancellation, change, replacement, void and destruction of practising certificate of registration on an annual basis, fill in a practising certificate issuance of usage statistics, reported to the Justice Department filing.

    18th on lawyers, law firm practising certificates to improper or unlawful use of a practising certificate, the local County (district) administration of Justice Department criticism, correction is serious, the city divided into districts, or municipal district (County) judicial administrative organs shall be subject to appropriate penalties.

    19th judicial executive staff in issuing, managing a practice certificate of work, in violation of the law on lawyers, the lawyer's practice management and the law firm regulations and these rules, abuse their powers, neglect their duties, they shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    20th judicial administrative organs shall establish a lawyer and law firm the certificate information management systems, according to the certificate of practice, cancellation and other relevant changes timely updates, for the citizens, legal persons and other social organizations and State agencies provide information about practising certificates inquiry services.

    Article 21st public lawyers, corporate lawyers, legal aid counsel lawyer work permit management, in accordance with the measures implemented.

    Military lawyer's card management practices be formulated separately. 22nd article this way as of the date of promulgation.