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Public Official Lawyer Management Method

 

Chapter 1 General Provisions

Article 1 　In order to strengthen the construction of the public official lawyer team, standardize the management of public official lawyers, and give full play to the functional role of public official lawyers in the rule of law, in accordance with the "Opinions on the Implementation of the Legal Counsel System and the Public Official Lawyer Company Lawyer System" and other relevant regulations, combined with the actual work of public official lawyers, this method is formulated.

Article 2 　The term "public official lawyer" as used in these Measures refers to a public official who works in a party and government organ or people's organization, legally obtains a public official lawyer certificate issued by a judicial administrative organ, and engages in legal affairs in his or her unit.

Article 3 　Public official lawyers should uphold the leadership of the Communist Party of China, uphold socialist rule of law, model themselves on observing the Constitution and laws, be loyal to their duties, diligent and conscientious, abide by the lawyer's professional ethics and practice discipline, maintain the correct implementation of the law, and maintain social fairness and justice.

Article 4 　Judicial administrative organs supervise and guide the business activities of public official lawyers.

The unit where the public official lawyer is located conducts daily management of the public official lawyer.

The Lawyers Association implements industry self-discipline for public official lawyers.

 

Chapter 2 Qualification and Procedures for Appointment

Article 5 　To apply for a public official lawyer certificate, the following conditions must be met:

(1) Uphold the Constitution of the People's Republic of China;

(2) Legally obtain a legal professional qualification or lawyer qualification;

(3) Have the status of a public official;

(4) Have been engaged in legal affairs for more than two years, or have served as a judge, procurator, or lawyer for more than one year;

(5) Good character;

(6) The unit agrees to serve as a public official lawyer.

Article 6 　Applicants with any of the following circumstances shall not be issued a public official lawyer certificate:

(1) Those who lack civil capacity or have limited civil capacity;

(2) Those whose lawyer or notary public certificates have been revoked;

(3) Those who are suspected of crimes and the judicial procedures have not yet been concluded, or those who are suspected of violating disciplines and laws and are under investigation;

(4) Those whose annual performance appraisal results for civil servants in the previous year were determined to be incompetent;

(5) Those who are currently listed as subjects of joint creditworthiness punishment.

Article 7 　To apply for a public official lawyer certificate, the applicant's unit shall submit the following materials to the judicial administrative organ:

(1) National unified legal professional qualification certificate or lawyer qualification certificate;

(2) The applicant's resident identity certificate and public official identity certificate;

(3) The public official lawyer application form filled out by the applicant, agreed to and signed and sealed by the unit;

(4) Proof of work experience and practice experience that meets the conditions of Article 5, paragraph 4 of these Measures.

Article 8 　Public officials of central party and government organs and people's organizations who apply to serve as public official lawyers shall submit their applications to the Ministry of Justice after being reviewed and approved by their units. Public officials of central party and government organs under a vertical management system in various local directly affiliated management units and dispatched and stationed units may also submit their applications to the local provincial, autonomous regional, or municipal judicial administrative organs after being reviewed and approved by their units.

Public officials of provincial party and government organs and people's organizations who apply to serve as public official lawyers shall submit their applications to the local provincial, autonomous regional, or municipal judicial administrative organs after being reviewed and approved by their units.

Public officials of city-level or district (county)-level and below party and government organs and people's organizations who apply to serve as public official lawyers shall submit their applications to the local city-level or district (county) judicial administrative organs after being reviewed and approved by their units.

Article 9 　The judicial administrative organs shall review the received applications for public official lawyers. The city-level or district (county) judicial administrative organs shall submit their preliminary opinions on the received applications for public official lawyers before submitting them to the provincial, autonomous regional, or municipal judicial administrative organs for review.

After review, if the applicant meets the conditions for appointment as a public official lawyer and the application materials are complete, the Ministry of Justice or the provincial, autonomous regional, or municipal judicial administrative organs shall issue a public official lawyer certificate to the applicant.

Explore the implementation of a pre-job training system for public official lawyers.

Article 10 　In the case of any of the following circumstances, the original issuing authority shall revoke and cancel the public official lawyer certificate:

(1) The person himself or herself is unwilling to continue to serve as a public official lawyer, and after obtaining the consent of the unit, applies to the judicial administrative organ for cancellation;

(2) The unit does not agree to continue to serve as a public official lawyer, and applies to the judicial administrative organ for cancellation;

(3) Due to resignation, transfer, transfer, retirement, dismissal, or expulsion, the conditions for serving as a public official lawyer are no longer met;

(4) The annual performance appraisal of public official lawyers has been rated as incompetent for two consecutive times;

(5) Obtaining a public official lawyer certificate by fraudulent, concealing, or forging materials and other improper means;

(6) Other circumstances that are not allowed to continue to serve as a public official lawyer.

Article 11 　Personnel who have served as public official lawyers for three years and whose last annual performance appraisal of public official lawyers was rated as competent, after leaving their original unit and applying for social lawyer practice, may, after passing the examination of the Lawyers Association, directly apply to the city-level or district (county) judicial administrative organ for the issuance of a social lawyer practice certificate, and their experience as a public official lawyer shall be counted towards their years of social lawyer practice.

Article 12 　Individuals who served as legal counsel before the implementation of the national unified legal professional qualification system but did not legally obtain a legal professional qualification or lawyer's qualification, and who meet the following conditions, may be issued a public service lawyer certificate by the Ministry of Justice after passing the assessment:

(1) Having served as legal counsel in party and government organs and people's organizations for at least fifteen years;

(2) Possessing a bachelor's degree or above in law from a higher education institution, or a bachelor's degree or above in a non-law major from a higher education institution and obtaining a master's degree in law, a master's degree in jurisprudence, or other equivalent degree;

(3) Possessing a senior professional title or equivalent professional level.

Personnel who obtain a public service lawyer certificate in accordance with the provisions of the preceding paragraph and apply for social lawyer practice after leaving their original unit shall comply with the relevant provisions of the national unified legal professional qualification system.

 

Chapter III Main Responsibilities

Article 13 　Public service lawyers may, at the request or assignment of their unit, engage in the following legal affairs:

(1) Providing legal opinions for the unit's discussion and decision-making on major issues;

(2) Participating in the drafting and argumentation of draft laws, regulations, rules, draft internal party regulations, and normative documents;

(3) Participating in the negotiation of cooperation projects, external bidding, government procurement, etc., drafting, modifying, and reviewing important legal documents or contracts and agreements;

(4) Participating in work related to handling visits and complaints, conflict mediation, resolution of cases involving laws and litigation, handling emergencies, government information disclosure, and state compensation;

(5) Participating in administrative penalty review, administrative adjudication, administrative reconsideration, and administrative litigation;

(6) Implementing the responsibility system for legal publicity of "whoever enforces the law also publicizes the law", and carrying out legal publicity and education;

(7) Handling litigation, mediation, and arbitration of civil cases;

(8) Other legal affairs entrusted or assigned by the unit.

Article 14 　Public service lawyers legally enjoy the rights to meet, review case files, investigate and collect evidence, ask questions, present evidence, debate, and defend. They have the right to obtain information, documents, materials, and other necessary work powers and conditions related to the performance of their duties.

Public service lawyers shall accept the management and supervision of their unit, handle legal affairs according to entrustment or assignment, shall not engage in paid legal services, shall not hold concurrent positions in law firms or other legal service institutions, and shall not handle litigation or non-litigation legal affairs outside their unit in the capacity of a lawyer.

Article 15 　The unit where the public service lawyer is located shall, in accordance with relevant national regulations, establish and improve a mechanism for reviewing the legality of decision-making, and make the public service lawyer's participation in the decision-making process and the provision of legal opinions an important procedure for law-based decision-making.

Before the unit where the public service lawyer is located discusses and decides on major issues, it shall solicit the legal opinions of the public service lawyer. Matters that should be subject to the legal opinions of the public service lawyer in accordance with relevant regulations but have not been solicited, or matters that the public service lawyer deems illegal, shall not be submitted for discussion or decision.

When the unit where the public service lawyer is located drafts and argues draft laws, regulations, rules, draft internal party regulations, and normative documents, it shall arrange for the public service lawyer to participate or solicit their legal opinions.

Article 16 　The unit where the public service lawyer is located shall improve the workflow and institutional arrangements for public service lawyers attending important meetings, reviewing documents and materials, issuing legal opinions, and reviewing and signing relevant documents, providing necessary office conditions and financial support, and ensuring that public service lawyers perform their duties in accordance with the law.

Article 17 　Public service lawyers shall join the lawyers' association, enjoy the rights of members, and fulfill the obligations of members.

Public service lawyers of central party and government organs and people's organizations shall join the All-China Lawyers' Association.

Public service lawyers of provincial and lower-level party and government organs and people's organizations, and public service lawyers of central party and government organs and people's organizations in local subordinate administrative units and dispatched and stationed units, shall join the local lawyers' association where the unit is located and shall also be members of the All-China Lawyers' Association.

 

Chapter IV Supervision and Management

Article 18 　Party and government organs and people's organizations are responsible for the selection and management of public service lawyers in their units.

Article 19 　The department responsible for legal affairs in the unit where the public service lawyer is located is responsible for the daily business management of the public service lawyers in the unit. It shall, as needed, coordinate the allocation and use of public service lawyers in the unit, and formulate and improve workflows for the assignment, handling, feedback, and supervision of legal affairs.

Party and government organs and people's organizations may, according to work needs, strengthen unified guidance and management of the work of public service lawyers in their systems, and coordinate the allocation and use of public service lawyers among their subordinate units.

When a public service lawyer acts on behalf of the unit in litigation, arbitration, or other legal affairs in the capacity of a lawyer, the unit responsible for the allocation and use shall issue a letter of entrustment as needed.

Article 20 　Judicial administrative organs shall, in conjunction with the units where public service lawyers are located, establish public service lawyer files, recording the annual assessments, commendations and awards, punishments and sanctions, and training participation of public service lawyers.

Article 21 　The unit where the public service lawyer is located shall conduct annual assessments of the public service lawyers in the unit, focusing on their compliance with laws, regulations, and professional ethics, performance of their duties, and the quantity and quality of their legal work, and shall provide assessment opinions of competent, basically competent, or incompetent, and submit them to the judicial administrative organs for the record.

Article 22 　The unit where the public service lawyer is located, judicial administrative organs, and lawyers' associations shall establish a training system for public service lawyers, formulate training plans for public service lawyers, and conduct policy and theoretical training and legal practical skills training for public service lawyers.

Article 23 　The unit where the public service lawyer is located, judicial administrative organs, and lawyers' associations shall establish and improve a commendation and reward system for public service lawyers, commending public service lawyers who are diligent and conscientious, have outstanding performance, and have made outstanding contributions, and providing incentives in terms of performance appraisal, advanced and excellent selection, talent recommendation, and cadre selection.

 

Chapter V Supplementary Provisions

 

Article 24 　Public institutions, social organizations, and other organizations authorized by laws and regulations with public affairs management functions may establish public service lawyers in reference to these measures.

Article 25 　Provincial judicial administrative organs may, in accordance with local work practices, formulate specific implementation measures based on these provisions.

Article 26 　The Ministry of Justice is responsible for the interpretation of these provisions.

Article 27 　These provisions shall come into force on January 1, 2019. Any provisions previously issued by the Ministry of Justice concerning in-house counsel that are inconsistent with these provisions shall be superseded by these provisions.

 

 

In-house Counsel Management Provisions

 

Chapter 1 General Provisions

Article 1 　These provisions are formulated to strengthen the development of in-house counsel teams, standardize the management of in-house counsel, and give full play to the role of in-house counsel in the comprehensive rule of law, in accordance with relevant provisions such as the "Opinions on the Implementation of the Legal Counsel System and the In-house Counsel System for State-owned Enterprises", and in combination with the actual work of in-house counsel.

Article 2 　For the purposes of these provisions, "in-house counsel" refers to employees who have entered into employment contracts with state-owned enterprises, legally obtained in-house counsel certificates issued by judicial administrative organs, and engage in legal affairs within their enterprises.

Article 3 　In-house counsel shall uphold the leadership of the Communist Party of China, uphold socialist rule of law, model themselves on the Constitution and laws, be loyal to their duties, diligent and conscientious, abide by the professional ethics and discipline of lawyers, safeguard the legitimate rights and interests of their enterprises, uphold the correct implementation of the law, and uphold social fairness and justice.

Article 4 　Judicial administrative organs supervise and guide the business activities of in-house counsel.

The employing unit of in-house counsel conducts daily management of in-house counsel.

The lawyer association implements industry self-discipline for in-house counsel.

 

Chapter 2 Qualification and Procedures for Appointment

Article 5 　Applicants for in-house counsel certificates must meet the following conditions:

(1) Uphold the Constitution of the People's Republic of China;

(2) Legally obtain a legal professional qualification or lawyer qualification;

(3) Legally enter into an employment contract with a state-owned enterprise;

(4) Have been engaged in legal affairs for more than two years, or have served as a judge, procurator, or lawyer for more than one year;

(5) Good character;

(6) The employing unit agrees to their appointment as in-house counsel.

Article 6 　In-house counsel certificates will not be issued to applicants who meet any of the following conditions:

(1) Those who lack civil capacity or have limited civil capacity;

(2) Have received criminal punishment, except for crimes of negligence;

(3) Have been dismissed from public office or had their lawyer or notary public licenses revoked;

(4) Are suspected of a crime and the judicial process has not yet been concluded, or are suspected of disciplinary violations and are under investigation;

(5) Those who are currently listed as subjects of joint creditworthiness punishment.

Article 7 　Applications for in-house counsel certificates shall be submitted by the applicant's employing unit to the judicial administrative organ, including the following materials:

(1) National unified legal professional qualification certificate or lawyer qualification certificate;

(2) The applicant's resident identity certificate and employee identity certificate;

(3) The in-house counsel application form filled out by the applicant, approved and signed by the employing unit;

(4) Proof of work experience and practice experience that meets the conditions of Article 5, paragraph 4 of these Measures.

Article 8 　Applications for in-house counsel certificates from employees of central enterprises shall be submitted to the Ministry of Justice after review and approval by the employing unit. Applications for in-house counsel certificates from employees of various levels of branches and subsidiaries of central enterprises in local areas may also be submitted to the judicial administrative organs of the province, autonomous region, or municipality directly under the Central Government after review and approval by the employing unit.

Applications for in-house counsel certificates from employees of provincial enterprises shall be submitted to the judicial administrative organs of the province, autonomous region, or municipality directly under the Central Government after review and approval by the employing unit.

Applications for in-house counsel certificates from employees of other state-owned enterprises shall be submitted to the judicial administrative organs of the city with districts or the district (county) of the municipality directly under the Central Government after review and approval by the employing unit.

Article 9 　Judicial administrative organs shall review the received in-house counsel applications. The judicial administrative organs of the city with districts or the district (county) of the municipality directly under the Central Government shall submit a preliminary review opinion before submitting the received in-house counsel applications to the judicial administrative organs of the province, autonomous region, or municipality directly under the Central Government for review.

After review, if the applicant meets the conditions for appointment as in-house counsel and the application materials are complete, the Ministry of Justice or the judicial administrative organs of the province, autonomous region, or municipality directly under the Central Government shall issue an in-house counsel certificate to the applicant.

Explore the implementation of a pre-job training system for in-house counsel.

Article 10 　In-house counsel certificates shall be revoked and cancelled by the original issuing authority under any of the following circumstances:

(1) The individual is unwilling to continue serving as in-house counsel and applies to the judicial administrative organ for cancellation after obtaining the consent of the employing unit;

(2) The employing unit does not agree to their continued service as in-house counsel and applies to the judicial administrative organ for cancellation;

(3) Due to resignation, transfer, retirement, dismissal, or other reasons, they no longer meet the conditions for serving as in-house counsel;

(4) Have been rated as incompetent in the annual performance appraisal of in-house counsel twice in a row;

(5) Obtained the in-house counsel certificate through fraudulent, concealed, or forged materials;

(6) Other circumstances that prevent them from continuing to serve as in-house counsel.

Article 11 　Personnel who have served as in-house counsel for three years and whose last annual performance appraisal was rated as competent, after leaving their original unit and applying for social lawyer practice, may, after passing the lawyer association's assessment, directly apply to the judicial administrative organ of the city with districts or the district (county) of the municipality directly under the Central Government for a social lawyer practice certificate, and their experience as in-house counsel will be counted towards their years of social lawyer practice.

Article 12 　Personnel who had served as legal counsel before the implementation of the national unified legal professional qualification system but had not legally obtained a legal professional qualification or lawyer qualification, and who meet the following conditions, may be issued an in-house counsel certificate by the Ministry of Justice after passing the assessment:

(1) Have served as legal counsel in a state-owned enterprise for 15 years;

(2) Possessing a bachelor's degree or above in law from a higher education institution, or a bachelor's degree or above in a non-law major from a higher education institution and obtaining a master's degree in law, a master's degree in jurisprudence, or other equivalent degree;

(3) Possessing a senior professional title or equivalent professional level.

Personnel who have obtained in-house counsel certificates in accordance with the provisions of the preceding paragraph, after leaving their original unit and applying for social lawyer practice, shall comply with the relevant provisions of the national unified legal professional qualification system.

 

Chapter III Main Responsibilities

Article 13 　In-house counsel may, at the request or assignment of their employing unit, engage in the following legal affairs:

(1) Provide legal opinions on major business decisions such as enterprise restructuring, mergers and acquisitions, listings, property transfers, and bankruptcy reorganization;

(2) Participate in the formulation and revision of important enterprise regulations such as enterprise articles of association and board of directors operating rules;

(3) Participate in external negotiations and consultations for enterprises, draft and review contracts, agreements, and legal documents signed by enterprises;

(4) Organize and carry out compliance management, risk management, intellectual property management, legal publicity and education training, and legal consultation;

(5) Handle various litigation and mediation, arbitration and other legal affairs;

(6) Other legal affairs entrusted or assigned by the employing unit.

Article 14 　Company lawyers are legally entitled to rights such as meeting, reviewing case files, investigating and collecting evidence, questioning, presenting evidence, debating, and defending. They have the right to obtain information, documents, materials, and other necessary work authority and conditions related to the performance of their duties.

Company lawyers should accept the management and supervision of their unit, handle legal affairs according to entrustment or assignment, and shall not engage in paid legal services, work part-time at law firms or other legal service institutions, or handle litigation or non-litigation legal affairs outside their unit in the capacity of a lawyer.

Article 15 　The unit where the company lawyer is located should establish and improve a mechanism for reviewing the legality of decisions, making the company lawyer's participation in the decision-making process and providing legal opinions an important procedure for making decisions in accordance with the law.

Before the company lawyer's unit discusses and decides on major issues concerning the operation and management of the enterprise, it should solicit the legal opinions of the company lawyer. Matters that should be reviewed by the company lawyer according to relevant regulations but have not been reviewed, or matters that the company lawyer deems illegal, shall not be submitted for discussion or decision.

When the company lawyer's unit formulates or amends the company's articles of association, board of directors' operating rules, and other regulations, signs contracts and agreements externally, and handles legal affairs such as litigation, arbitration, and mediation involving the enterprise, it should arrange for the company lawyer to participate or review.

Article 16 　The unit where the company lawyer is located should improve the workflow and institutional arrangements for the company lawyer to attend important meetings, review documents and materials, issue legal opinions, and review and sign relevant documents, provide necessary office conditions and financial support, and ensure that the company lawyer performs its duties in accordance with the law and regulations.

Article 17 　Company lawyers should join the lawyers' association, enjoy the rights of members, and fulfill their obligations as members.

Company lawyers of central enterprises shall join the National Lawyers Association.

Company lawyers of provincial and lower-level state-owned enterprises, and company lawyers of branches and subsidiaries of central enterprises in local areas, shall join the local lawyers' association where the unit is located and shall also be members of the National Lawyers Association.

 

Chapter IV Supervision and Management

Article 18 　State-owned enterprises are responsible for the selection of company lawyers in their units. They may set up positions for company lawyers, recruit or appoint personnel who meet the conditions for serving as company lawyers, and develop a team of company lawyers.

Based on the characteristics and growth patterns of legal professional and technical personnel in state-owned enterprises, research and establish a professional title system for company lawyers that is scientifically evaluated and well-managed. State-owned enterprises with the conditions may explore a professional title system for company lawyers that suits their own circumstances.

Article 19 　The department responsible for legal affairs in the unit where the company lawyer is located is responsible for the daily business management of the company lawyer in the unit. It may, as needed, coordinate and utilize the company lawyers in the unit, and formulate and improve workflows for assigning, handling, feedback, evaluation, and supervision of legal affairs.

State-owned enterprises may, according to work needs, strengthen unified guidance and management of the work of company lawyers in their subordinate enterprises, and coordinate and utilize company lawyers among their subordinate enterprises.

When a company lawyer represents the unit in litigation, arbitration, and other legal affairs, the unit responsible for the allocation and use should issue a letter of entrustment as needed.

Article 20 　Judicial administrative organs should, together with the unit where the company lawyer is located, establish a company lawyer file, recording the annual assessment, commendation and reward, punishment and discipline, and training participation of the company lawyer.

Article 21 　The unit where the company lawyer is located should conduct an annual assessment of the company lawyer in the unit, focusing on the lawyer's compliance with laws and professional ethics, performance of duties, and the quantity and quality of legal affairs handled, and provide an assessment opinion of competent, basically competent, or incompetent, and submit it to the judicial administrative organ for the record.

Article 22 　The unit where the company lawyer is located, judicial administrative organs, and lawyers' associations should establish a company lawyer training system, formulate a company lawyer training plan, and conduct policy theory training and legal practice skills training for company lawyers.

Article 23 　The unit where the company lawyer is located, judicial administrative organs, and lawyers' associations should establish and improve a commendation and reward system for company lawyers, commend company lawyers who are diligent and conscientious, have outstanding performance, and have made outstanding contributions, and provide incentives in terms of performance appraisal, advanced commendation, talent recommendation, and cadre selection.

 

Chapter V Supplementary Provisions

Article 24 　For pilot programs involving company lawyers in private enterprises, the relevant provisions of these measures shall apply accordingly.

Article 25 　Provincial judicial administrative organs may, in accordance with local work practices, formulate specific implementation measures based on these provisions.

Article 26 　The Ministry of Justice is responsible for the interpretation of these provisions.

Article 27 　These measures shall come into effect on January 1, 2019. If previous regulations on company lawyers formulated by the Ministry of Justice are inconsistent with these measures, these measures shall prevail.