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Guangdong Provincial Department of Justice's Management Measures for Lawyer's License

 

Chapter 1 General Provisions

Article 1 In order to standardize the work of lawyer's license in our province, in accordance with the "Lawyer's Law of the People's Republic of China", the "Administrative License Law of the People's Republic of China", the Ministry of Justice's "Management Measures for Lawyer's Practice", "Management Measures for Lawyer's and Law Firm's Practice Certificates", and other relevant laws, regulations and rules, and in combination with the actual situation of our province, these measures are formulated.

Article 2 All personnel in law firms within this province who apply for lawyer's practice certificates, and lawyers who apply for changes in practice, replacement or reissue of practice certificates, cancellation of practice certificates, etc., shall apply these measures.

Article 3 The lawyer's practice certificate is a valid document for lawyers to practice legally. The lawyer's practice certificate stipulated in these measures includes a lawyer's practice certificate and a lawyer's work certificate. The main recorded items of the practice certificate are printed and filled in by the Guangdong Provincial Department of Justice and stamped with the seal of the Guangdong Provincial Department of Justice; the lawyer's annual assessment filing items are filled in and stamped by the city-level and above justice bureaus.

Article 4 Applicants shall truthfully fill out forms and provide materials when handling lawyer's practice license procedures.

Article 5 Judicial administrative organs shall, when implementing lawyer's practice license work, follow the principles of legality, publicity, and convenience, standardize work procedures, and improve work efficiency.

 

Chapter 2 Application for Lawyer's Practice Certificate

Article 6 To apply for lawyer's practice, the following conditions must be met:

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

(2) Obtaining a legal professional qualification certificate by passing the national unified judicial examination;

(3) Completing at least one year of internship at a law firm and passing the assessment of the lawyer's association;

(4) Having good character.

Lawyer qualification certificates obtained before the implementation of the national unified judicial examination shall have the same effect as legal professional qualification certificates when applying for lawyer's practice.

Those who enjoy the relevant registration conditions and preferential measures for passing the national unified judicial examination and obtain a legal professional qualification certificate shall handle the geographical restrictions on their application for lawyer's practice in accordance with relevant regulations.

Applications for lawyer's practice by residents of Hong Kong, Macao, and Taiwan shall comply with the provisions of the Ministry of Justice's "Management Measures for Residents of the Hong Kong and Macao Special Administrative Regions who have obtained Mainland legal professional qualifications to practice law in the Mainland" and "Management Measures for Taiwan residents who have obtained national legal professional qualifications to practice law in the Mainland".

Article 7 Applications for special permission to practice law shall be handled in accordance with the "Lawyer's Law" and relevant state council regulations.

Article 8 Persons with any of the following circumstances shall not engage in the legal profession:

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

(2) Those who have been criminally punished, except for those who have committed crimes of negligence;

(3) Those who have been dismissed from public office or whose lawyer's practice certificates have been revoked;

(4) Those who have been dismissed by the public security organs for violating laws and disciplines.

Article 9 Applications for full-time lawyer's practice shall submit the following materials:

(1) "Application Form for Lawyer's Practice Certificate" (Appendix 1), "Lawyer's Practice Registration Form" (Appendix 2);

(2) Copy of legal professional qualification certificate or copy of lawyer qualification certificate;

(3) Copy of the applicant's centralized training completion certificate issued by the lawyer's association and "Guangdong Province Internship Assessment Registration Form for Applicants for Lawyer's Practice";

(4) Copies of resident ID card and household register;

(5) A certificate issued by the public security organ at the applicant's registered residence stating that the applicant has not been criminally punished before the date of application. The date of issuance of the certificate shall not be more than 3 months from the date when the applicant submits the application materials to the city-level and above justice bureau;

(6) Copy of the proof of personnel file storage at the applicant's place of practice. Lawyers dispatched from the head office to a branch office are allowed to keep their files at the head office location;

(7) A certificate from the law firm agreeing to accept the applicant, including the employment contract signed with the law firm where the applicant intends to practice and a list of social insurance purchased by the law firm for the applicant;

(8) Letter of commitment (content and format see Appendix 1);

(9) One recent one-inch formal (non-uniform) headshot with a blue background.

Retired personnel and self-employed personnel transferred from the army who apply for lawyer's practice do not need to submit the materials in item (6) and the "list of social insurance purchased by the law firm for the applicant" in item (7), but they should submit a copy of their retirement certificate or a copy of their military officer's transfer certificate.

Article 10 For personnel with established positions in state-owned law firms applying for lawyer's practice, in addition to the materials stipulated in Article 9, items (5), (6), and (7), they also need to submit a copy of the applicant's national civil servant (or staff member of a public institution) appointment document or proof of civil servant (or staff member of a public institution) identity issued by the department with personnel management authority. The proof should include the content of agreeing to their practice.

For personnel employed by state-owned law firms applying for practice, they shall submit the materials as stipulated in Article 9, and the employment contract signed with the law firm where they intend to practice shall be endorsed and stamped by the justice bureau to which the law firm belongs.

Article 11 Personnel engaged in legal education and research work in higher education institutions and research institutions in Guangdong Province who apply for part-time lawyer's practice, in addition to all the materials stipulated in Article 9 except for items (6) and (7), shall also submit the following materials:

(1) A certificate from the applicant's unit agreeing to the applicant's part-time lawyer's practice, which should include the applicant's specific work department and moral and ability performance;

(2) Copy of teacher's qualification certificate or researcher's professional title certificate;

(3) Employment contract signed with the law firm where the applicant intends to practice and a list of social insurance purchased by the applicant's unit for the applicant.

Article 12 Residents of Hong Kong, Macao, and Taiwan who apply for lawyer's practice, in addition to all the materials stipulated in Article 9 except for items (4), (5), (6), and the "list of social insurance purchased by the law firm for the applicant" in item (7), shall also submit the following materials:

(1) Notarized identity documents of the applicant, notarized by a notary public recognized by the mainland (for Hong Kong and Macao residents applying for practice) or a Taiwan notary institution (for Taiwan residents applying for practice);

A certificate of no criminal record issued by the competent authority and notarized by a notary public recognized by the mainland (for Hong Kong and Macao residents applying for practice) or a notarization institution in Taiwan (for Taiwan residents applying for practice);

A statement by the applicant regarding whether they hold a lawyer's qualification in Hong Kong, Macao, Taiwan, or a foreign country, and whether they are employed by a law firm in Hong Kong, Macao, Taiwan, or a foreign country.

Hong Kong and Macao residents who have obtained mainland legal professional qualifications and are Hong Kong legal practitioners or Macao lawyers with more than 5 years of practice experience, applying for practice in the mainland, do not need to submit the materials stipulated in Article 9, Paragraph (3) of these Measures, but should submit proof of their practice experience and duration in Hong Kong or Macao, notarized by a notary public recognized by the mainland and issued by the Hong Kong Law Society, the Bar Association, or the Macao Lawyers Association, and proof of having completed at least one month of centralized training organized by the local mainland lawyers' association and passed the assessment.

Article 13 Those who reapply for lawyer practice after their lawyer practice certificate has been revoked need to submit the materials stipulated in Article 9 of these Measures, except for Paragraph (3).

Those transferring from other provinces to practice in Guangdong Province must first revoke their lawyer practice certificate in the other province and then apply for lawyer practice to the Guangdong Provincial judicial administrative department. In addition to submitting the materials stipulated in Article 9 of these Measures, except for Paragraphs (3) and (5), they also need to submit their lawyer qualification file (including legal professional qualification file) and lawyer practice experience file. The Guangdong Provincial Department of Justice will provide convenience for applicants to retrieve files. However, if the date of submitting the application materials for lawyer practice in our province is more than three months from the date of revocation of the lawyer practice certificate in the other province, the materials stipulated in Article 9, Paragraph (5) of these Measures must be submitted.

 

Chapter 3 Changes in Lawyer Practice

Article 14 Lawyers who change their practice institution within Guangdong Province or need to switch between full-time lawyers, part-time lawyers, lawyers from Hong Kong, Macao, and Taiwan, public office lawyers, company lawyers, and legal aid lawyers due to work changes, changes in identity information, etc., should handle lawyer practice change business.

Article 15 Those who meet one of the following conditions may apply for a change in lawyer practice:

(1) Applying for an intra-city transfer, having practiced in the transferring firm for at least six months;

(2) Applying for an inter-city transfer;

(3) Establishing a new firm;

(4) The original law firm is dissolved or revoked;

(5) Changes in work or identity information;

(6) Other situations that require a change.

Article 16 The following lawyers will not be granted a change in practice:

(1) Those who have not completed the administrative penalty of suspension of practice;

(2) Those whose law firm has not completed the administrative penalty of suspension of business, including the person in charge, partners, and those directly responsible for the law firm's administrative penalty;

(3) Those whose law firm should be terminated, before the completion of liquidation and deregistration, including the person in charge, partners, and those directly responsible for the revocation of the law firm's practice license;

(4) Partners or seconded lawyers who apply to transfer out but have not completed the withdrawal from partnership or withdrawal of secondment registration;

(5) Those who do not participate in the annual practice assessment as required.

Article 17 Those applying for a change in practice should submit the following materials:

(1) "Application Form for Change of Lawyer Practice" (Appendix 3);

(2) Lawyer practice certificate;

(3) One recent one-inch formal (non-uniform) headshot with a blue background;

(4) Employment contract signed with the receiving law firm;

(5) List of social insurance purchased by the law firm for the applicant (except for retirees and self-employed personnel transferred from the military).

If the change of practice is carried out between different prefecture-level cities, it is also necessary to submit a certificate issued by the lawyer management department of the judicial bureau in the location of the previous law firm, proving the applicant's practice performance in that area and whether there are any unresolved complaints.

State-owned law firm full-time lawyers, part-time lawyers, public office lawyers, company lawyers, and legal aid lawyers applying to change to full-time lawyers in partnership law firms or individual law firms, in addition to submitting the materials stipulated in Article 17, those who resign also need to submit a copy of the proof of personnel file storage in the location of the practice institution, and retirees also need to submit a copy of their retirement certificate.

Those applying to change to full-time lawyers with established positions in state-owned law firms, public office lawyers (excluding public office lawyers with designated positions), or legal aid lawyers, in addition to other materials except for the materials stipulated in Paragraphs (4) and (5) of Article 17, paragraph 1, also need to submit a copy of the applicant's national civil servant (or staff member of a public institution) appointment document (or employment certificate) issued by the department with personnel management authority, and the certificate should include the content of agreeing to their practice.

Those applying to change to practice as lawyers employed by state-owned law firms, public office law firms, or legal aid institutions should submit materials according to the provisions of Article 17 of these Measures, and the employment contract signed with the receiving law firm needs to be endorsed and stamped by the judicial bureau to which the law firm or legal aid institution belongs.

Those applying to change to part-time lawyers, in addition to submitting the materials stipulated in Article 17, paragraphs (1) to (3), also need to submit the materials stipulated in Article 11, paragraphs (1) to (3).

Those applying to change to lawyers from Hong Kong, Macao, or Taiwan, in addition to submitting all the materials stipulated in Article 17, also need to submit the materials stipulated in Article 12, paragraph 1, paragraphs (1) to (3); except for changes that only involve the practice institution and not the practice category.

Those applying to change from lawyers from Hong Kong, Macao, or Taiwan to other categories of lawyers, in addition to submitting the materials stipulated in Article 17, also need to submit the materials stipulated in Article 9, paragraphs (4), (5), and (6).

Article 22 Law firms within the province, seconded lawyers seconded to branch offices within the province applying to change their practice institution from the head office to the branch office, need to submit the materials stipulated in Article 17, paragraphs (2) and (3).

Law firms outside the province, seconded lawyers seconded to branch offices in our province, applying to change their practice institution from the head office to the branch office, need to submit all materials except for the materials stipulated in Article 9, paragraphs (3), (5), and (7), "employment contract signed with the intended law firm", and the material in paragraph (7), "list of social insurance purchased by the law firm for the applicant", can be the list of social insurance purchased by the head office for the applicant.

Article 23: Lawyers in other practice categories who intend to change to public sector lawyers or company lawyers should, after completing the procedures for cancellation of their lawyer's practice certificates according to Chapter 5 of these Measures, reapply for lawyer's practice according to the requirements for applying for public sector or company lawyer practice.

 

Chapter 4: Issuance and Replacement of Lawyer's Practice Certificates

Article 24: If a lawyer's practice certificate is damaged, lost, or otherwise unusable, the following materials should be submitted to the judicial administrative organ to apply for a reissue or replacement:

(1) "Application Form for Reissue or Replacement of Lawyer's Practice Certificate" (Appendix 4);

(2) For damaged certificates, submit the damaged lawyer's practice certificate; for lost certificates, submit proof of loss and a statement of loss (content and format as detailed in Appendix 2);

(3) One recent one-inch formal (non-uniform) headshot with a blue background.

Proof of loss refers to a police report receipt (applicable to theft or robbery) or a certificate issued by the law firm (applicable to loss due to reasons other than theft or robbery).

The statement of loss should be published in a provincial-level or above newspaper or on a website designated by the issuing authority.

 

Chapter 5: Recovery and Cancellation of Lawyer's Practice Certificates

Article 25: If a lawyer has any of the following circumstances, the law firm should recover their lawyer's practice certificate and submit it to the Guangdong Provincial Department of Justice:

(1) Having been subject to the penalty of revocation of their lawyer's practice certificate;

(2) The original decision granting practice having been legally revoked;

(3) Death or no longer being a person with full civil capacity;

(4) Applying for cancellation due to no longer engaging in lawyer practice;

(5) Having terminated their employment contract with the law firm or the law firm having been cancelled, and not having been employed by another law firm within six months;

(6) Having been criminally punished for a negligent crime and currently serving a prison sentence or probation;

(7) Termination of lawyer practice due to other reasons.

Individuals whose lawyer's practice certificates have been cancelled due to the circumstances stipulated in subparagraphs (4), (5), (6), and (7) of the preceding paragraph, who reapply for lawyer practice, should follow the procedures stipulated in these Measures.

Article 26: To apply for cancellation of a practice certificate, the following materials should be submitted:

(1) "Application Form for Cancellation of Lawyer's Practice Certificate" (Appendix 5);

(2) Lawyer practice certificate;

(3) A certificate from the applicant's law firm stating that the applicant's business has been completed (or handed over), and that financial and archival handover procedures have been completed;

(4) Proof that the applicant's employment contract with the law firm has expired or been terminated;

(5) A certificate from the lawyer management department of the city-level or above judicial bureau stating that the applicant has no outstanding administrative penalties or complaints.

Lawyers applying for cancellation of their practice certificate due to transfer to another province should clearly state "transfer to another province" in the reason for cancellation section of the "Application Form for Cancellation of Lawyer's Practice Certificate," and clearly state the name of the province to which they are transferring.

Law firm partners applying for cancellation of their practice certificates should first complete the withdrawal procedures.

Article 27: If a lawyer has terminated their employment contract with their law firm, been expelled from their law firm, or their law firm has been cancelled, and has not been employed by another law firm within six months, the law firm should submit written materials to the city-level or above judicial bureau. The lawyer management department of the city-level or above judicial bureau will issue a certificate of the lawyer's performance during their practice period, and all materials will be submitted to the Guangdong Provincial Department of Justice for cancellation of the lawyer's practice certificate.

In the event of a lawyer's death, or other circumstances that make it unsuitable to continue as a lawyer, and the individual does not wish to apply for cancellation of their lawyer's practice certificate, the law firm should submit written materials to the city-level or above judicial bureau. The lawyer management department of the city-level or above judicial bureau will issue a certificate of the lawyer's performance during their practice period, and all materials will be submitted to the Guangdong Provincial Department of Justice to apply for cancellation of the lawyer's practice certificate.

If a lawyer has the circumstances stipulated in the preceding paragraph, and the law firm has not applied for cancellation, the city-level or above judicial bureau of its location may, ex officio, collect relevant materials and submit them in writing to the Guangdong Provincial Department of Justice for cancellation of the lawyer's practice certificate.

 

Chapter 6: Procedures

Article 28: Applications for lawyer practice licenses should be submitted electronically through the Guangdong Lawyer Management Online Website (URL: http://www.gdlawyer.gov.cn/), and written materials should be submitted to the city-level or above judicial bureau.

Article 29: The city-level or above judicial bureau receiving the application materials should handle the applicant's submitted materials according to the following circumstances:

(1) If the application materials are complete and meet the legal requirements, they should be accepted;

(2) If the application materials are incomplete or do not meet the legal requirements, the applicant should be informed in writing of all the required corrections on the spot or within five days of receiving the application materials. If notification is not given or is incomplete after the deadline, the materials will be deemed accepted from the date of receipt. If the applicant makes the required corrections, the application will be accepted;

(3) If the application is clearly not in accordance with the legal conditions, or if the applicant refuses to or cannot make the necessary corrections, the application will not be accepted, and the applicant will be given reasons.

After accepting the materials, the city-level or above judicial bureau should issue a written acceptance notification with the official seal of the city-level or above judicial bureau's administrative licensing, and simultaneously forward the acceptance information and application materials to the applicant's county (city, district) judicial bureau.

Article 30: The city-level or above judicial bureau should provide a review opinion within 20 working days of accepting the application materials, and submit the review opinion and all materials to the Guangdong Provincial Department of Justice for review.

For the reissue or replacement of practice certificates, the city-level or above judicial bureau should complete the review within five days of accepting the application materials and submit it to the Guangdong Provincial Department of Justice.

During the review process, the city-level or above judicial bureau may solicit the opinions of the county (city, district) judicial bureau of the applicant's practice location; for matters requiring investigation and verification, it may request the applicant to provide relevant supporting materials, or it may entrust the county (city, district) judicial bureau to conduct the verification.

After completing the initial review, the city-level or above judicial bureau should organize the application and review materials according to the "catalog" order and send them to the Guangdong Provincial Department of Justice.

Article 31 Within ten days of receiving the review opinions and all application materials submitted by the city-level and above judicial bureaus, the Guangdong Provincial Department of Justice shall conduct a review and make a decision on whether to grant permission to practice:

(1) If permission to practice is granted, a lawyer's practice certificate shall be issued within ten days of the decision;

(2) If permission to practice is not granted, the reasons shall be explained in writing to the applicant through the city-level and above judicial bureau.

Article 32 The review and approval deadlines for applications related to changes in lawyer practice, replacement or reissue of lawyer practice certificates, cancellation and revocation of lawyer practice certificates, etc., shall be handled in accordance with the provisions of Articles 29, 30, and 31 of these Measures.

For applications to change the practice institution within the same city-level and above area, the city-level and above judicial bureau shall conduct a review within twenty working days after accepting the materials. If the change is approved, the relevant materials shall be submitted to the Guangdong Provincial Department of Justice for the record, and the Guangdong Provincial Department of Justice shall reissue the lawyer's practice certificate within ten working days of receiving the filed materials from the city-level and above judicial bureau.

Article 33 Lawyer practice certificates approved and issued by the Guangdong Provincial Department of Justice shall be uniformly issued to applicants after being collected from the Guangdong Provincial Department of Justice by the city-level and above judicial bureaus.

 

Chapter 7 Management Responsibilities

Article 34 If an applicant provides false materials or engages in other fraudulent activities during the lawyer practice approval process, the city-level and above judicial bureau shall handle the matter in accordance with the provisions of Articles 78 and 79 of the "Administrative License Law of the People's Republic of China".

If a lawyer submits false materials or engages in other fraudulent activities when applying for practice license business, the city-level and above judicial bureau shall handle the matter in accordance with the provisions of Article 49, Paragraph 1, Item (3) of the "Lawyer Law of the People's Republic of China".

Article 35 If a law firm provides false materials or engages in other fraudulent activities during the applicant's practice license application process, the city-level and above judicial bureau shall handle the matter in accordance with the provisions of Article 50 of the "Lawyer Law of the People's Republic of China".

Article 36 Judicial administrative personnel who violate the provisions of these Measures, abuse their power, neglect their duties, engage in fraudulent activities, or engage in other disciplinary or illegal acts in the handling of lawyer practice license work shall be dealt with in accordance with the "Public Servants Law of the People's Republic of China." For those who are irresponsible in their work, perfunctory, or whose review shows obvious inappropriate behavior or results, the superior judicial administrative organs may issue criticism.

Article 37 Judicial administrative organs at all levels shall not delay the review or submission of administrative approval applications and review materials for any reason. In case of overdue review or overdue submission of application review materials, the applicant may complain to the supervision department of the judicial administrative organ to which they belong or to the superior judicial administrative organ.

Article 38 The Guangdong Provincial Department of Justice shall establish a regular reporting system to report on the work of lawyer practice licensing by city-level and above judicial bureaus.

 

Chapter 8 Supplementary Provisions

Article 39 Staff members and employed personnel of legal aid institutions applying for lawyer practice shall submit materials in accordance with the requirements for staff members and employed personnel of state-owned law firms applying for lawyer practice.

Relevant regulations on the application for lawyer practice by public interest lawyers and company lawyers shall be formulated separately by the Guangdong Provincial Department of Justice.

Article 40 The categories of lawyers stipulated in these Measures include full-time lawyers, part-time lawyers, Hong Kong resident lawyers, Macao resident lawyers, Taiwan resident lawyers, public interest lawyers, company lawyers, and legal aid lawyers.

Article 41 The full-time lawyers stipulated in these Measures specifically refer to personnel who are engaged in lawyer practice full-time in partnership law firms, individual law firms, and state-owned law firms, while part-time lawyers refer to personnel who are engaged in lawyer practice part-time in partnership law firms, individual law firms, and state-owned law firms.

Article 42 The personnel file storage proof materials stipulated in these Measures include personnel file custody contracts and payment vouchers.

Article 43 All materials required to be submitted under these Measures shall be originals, except where the submission of copies is explicitly stipulated.

Article 44 Paper materials required to be submitted under these Measures shall uniformly use A4 paper format. All materials shall be signed by the applicant and the submission date shall be filled in; copies of materials shall be verified against the originals by the initial review organ (city-level and above judicial bureau), stamped with the "Copy verified against original" seal, and signed or stamped by the verifier, with the verification date indicated. Other units and personnel shall not sign, stamp, or make other changes on the materials.

Article 45 For applicants who apply for a practice certificate in our province for the first time or whose highest education level has changed, the city-level and above judicial bureau shall verify the original of the highest education level for confirmation, and shall no longer submit a copy of the highest education level certificate.

Article 46 These Measures shall be interpreted by the Guangdong Provincial Department of Justice and shall come into effect on August 1, 2014. Any provisions previously formulated by the Guangdong Provincial Department of Justice concerning the management of lawyer practice certificates that conflict with these Measures shall be governed by these Measures. The "Guangdong Provincial Department of Justice's Measures on the Management of Lawyer Practice Certificates" implemented on August 1, 2009, shall be repealed simultaneously.