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National Legal Profession Qualifications Of Taiwan Residents In The City, In The Legal Profession Management

Original Language Title: 取得国家法律职业资格的台湾居民在大陆从事律师职业管理办法

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National legal profession qualifications of Taiwan residents in the city, in the legal profession management

    (December 21, 2008 the Department of Justice to 115th released since as of January 1, 2009) first to standardize the national legal profession qualifications of Taiwan residents in the city, in the legal profession as well as the management, in accordance with the People's Republic of China Law on lawyers (hereinafter referred to as the lawyers Act) and the relevant provisions of the law practice management approaches, these measures are formulated.

    Article sit for the national judicial examination, made the People's Republic of China legal profession qualification certificate of Taiwan residents can apply on the Mainland lawyers.

    Taiwan residents on the Mainland to apply for the lawyers should also meet the other conditions provided for in the law.

    Article Taiwan residents are allowed to practise in city law firms, as a legal advisor, agent, consulting, writes the city by way of non-litigious Legal Affairs or agent in Taiwan-related marriage, inheritance, Legal Affairs of litigation.

    Taiwan residents in city law firms to practise shall abide by national laws, rules and regulations and abide by the lawyers ' professional ethics and practice discipline, under supervision and management of the city, the administration of justice authorities, accept the City Bar Association's management.

    Article fourth Taiwan residents in the city to apply for the lawyers, should be in accordance with the law on lawyers, the lawyer's practice management and the all-China lawyers ' Association to develop the application of rules of practice management requirements for staff lawyers, law firms on the Mainland to attend a one-year internship, and approved by the local bar association examinations.

    Taiwan residents in city law firms practice, should comply with the requirements to participate in intensive training and practical training, practical training to handle non-litigious Legal Affairs and acting training in marriage, inheritance cases and comply with provisions of relevant practice and discipline. Receive Taiwan residents to practice law firm should be assigned substantive training at relevant business lawyers guide.

    A guide lawyers can only guide a Taiwan resident intern. Taiwan resident internship, internship time should be ensured.

    Temporary internship period shall not exceed three months, received and should practice law firms is to pause the practice reason and time report municipal Bar Association record.

    Article fifth Taiwan residents to apply for lawyers, should be in accordance with the law and the relevant provisions of the law practice management approaches, the city divided into districts, or municipal district (County) organ for the administration of Justice and submitted for admission-related documents.

    Taiwan residents to apply for solicitors, submit proof of identity and other documents issued by Taiwan should Taiwan area of notarization, should also state in writing whether Taiwan, Hong Kong, Macao or foreign law qualifications and whether employed in Taiwan, Hong Kong, Macao or foreign law firms. Article sixth Taiwan residents to apply for solicitors, city divided into districts, or municipal district (County) judicial administrative organs accepting the application, and at first instance, submitted to the provincial, autonomous region, or municipality directly under the administration of justice review, the decision of whether to approve the practice.

    Specific licensing procedures, in accordance with the law and the provisions of the Solicitors ' practice management.

    Article seventh Taiwan residents are allowed to practise in the Mainland, by the practice of granting its province, autonomous region, municipality directly under the administration of Justice since the issuing date of the lawyer's practice certificate in the 30th, will be allowed to practice decisions and related materials, the Department of Justice record.

    Article eighth Taiwan residents in city law firms practicing law corresponding to the Mainland lawyers practising rights, fulfil their obligations of lawyers.

    Nineth allowed to practise Taiwan residents can only practise in a city law firm, shall not hold posts in foreign law firms ' representative offices or representative offices in the Mainland of Hong Kong and Macao law firm.

    Article tenth allowed to practise Taiwan residents meet the required conditions, can become a partner of city law firm.

    11th allowed to practise Taiwan residents should join the City Bar Association, members ' rights and fulfilment of members ' obligations to participate in business training and exchange activities organized by the City Bar Association.

    12th allowed to practise of Taiwan residents, a violation of the law and the lawyers of the regulation and these rules, shall be subject to appropriate administrative penalty of lawyers ' professional ethics and practice discipline violations, appropriate corrections.

    13th in the city, called to the bar before the national judicial examination of Taiwan residents in mainland China applied for lawyers, in accordance with these rules shall apply. 14th these measures come into force on January 1, 2009.