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Guangdong Provincial Department of Justice on Public Sector Lawyers

Management Measures for Qualifications

Yue Si Gui [2017] No. 8

Chapter 1 General Provisions

Article 1 In order to standardize the management of public sector lawyer qualifications in our province, in accordance with the "Opinions on the Implementation of the Legal Counsel System and the Public Sector Lawyer and Company Lawyer System" issued by the General Office of the Central Committee of the Communist Party of China and the General Office of the State Council, and the "Implementation Opinions on the Implementation of the Legal Counsel System and the Public Sector Lawyer and Company Lawyer System" issued by the General Office of the Guangdong Provincial Committee of the Communist Party of China and the General Office of the Guangdong Provincial People's Government, with reference to relevant regulations such as the "Law of the People's Republic of China on Lawyers", the "Measures for the Administration of Lawyers' Practice", and the "Measures for the Administration of Lawyers' and Law Firms' Practice Certificates", and in combination with the actual situation of our province, these measures are formulated.

Article 2 As used in these Measures, "public sector lawyer" refers to public officials who work in party and government organs at all levels in the province, people's congresses and political consultative conferences at all levels, and people's organizations in the province, and who have obtained a public sector lawyer certificate approved by the Provincial Department of Justice. This does not include full-time public sector lawyers employed by public sector law firms.

Article 3 These Measures apply to public officials of party and government organs, people's congresses, political consultative conferences, and people's organizations at all levels in this province who apply for public sector lawyer certificates, and for the supplementary issuance, replacement, and cancellation of public sector lawyer certificates.

Article 4 The public sector lawyer certificate is a valid document for public sector lawyers to practice legally. The public sector lawyer certificate should record the name, work unit, certificate number, and other matters of the public sector lawyer, and be affixed with the seal of the Guangdong Provincial Department of Justice.

Article 5 Judicial administrative departments are responsible for the qualification management and supervision and guidance of professional ethics and disciplinary practice of public sector lawyers.

The Lawyers Association is responsible for the exchange of legal business related to public sector lawyers, the protection of lawyers' rights and interests, and industry self-discipline.

Chapter 2 Application for Public Sector Lawyer Certificates

Article 6 To apply for a public sector lawyer certificate, the following conditions must be met:

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

(2) Possess the legal professional qualification or lawyer qualification of the People's Republic of China;

(3) Serve as a legal counsel for party and government organs, people's congresses, political consultative conferences, or people's organizations, or work in party and government organs, people's congresses, political consultative conferences, or people's organizations specializing in legal affairs for more than one year (in the case of job transfers, the years of work specializing in legal affairs in the original unit can be combined);

(4) Have good conduct;

(5) The applicant's unit agrees to the applicant serving as a public sector lawyer for the unit.

Article 7 For personnel who had served as legal counsel before the implementation of the national unified legal professional qualification system and who have not obtained legal professional qualifications or lawyer qualifications, the issuance of their public sector lawyer certificates shall be implemented in accordance with item (26) of the "Opinions on the Implementation of the Legal Counsel System and the Public Sector Lawyer and Company Lawyer System" (Zhong Ban Fa [2016] No. 30).

Article 8 A public sector lawyer certificate will not be issued if the applicant has any of the following circumstances:

(1) Lacks civil capacity or has limited civil capacity;

(2) Has been subjected to criminal punishment, except for crimes of negligence;

(3) Has been dismissed from public office or had their lawyer's practice certificate revoked;

(4) Engaged in paid legal services or legal service intermediary activities, part-time work in law firms or other legal service institutions, handled litigation or non-litigation legal affairs outside their unit as a lawyer, and their original public sector lawyer certificate was confiscated by their unit and revoked by the Provincial Department of Justice.

Article 9 To apply for a public sector lawyer certificate, the following materials must be submitted:

(1) "Application Form for Public Sector Lawyer Certificate" (Appendix 1), "Registration Form for Public Sector Lawyer Practice" (Appendix 2);

(2) Copy of the applicant's ID card;

(3) Copy of the applicant's legal professional qualification certificate or lawyer qualification certificate;

(4) Written opinion from the applicant's unit agreeing to their serving as a public sector lawyer. The written opinion should include the following content:

1. The applicant is an in-service public official of this unit;

2. The applicant serves as a legal counsel for this unit, or specializes in legal affairs for more than one year (in the case of job transfers, the years of work specializing in legal affairs in the original unit can be combined);

3. This unit agrees to the applicant serving as a public sector lawyer for this unit.

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

  Article 10 Public sector lawyers who transfer to other party and government organs, people's congresses, political consultative conferences, or people's organizations within Guangdong Province must reapply for a public sector lawyer certificate.

Chapter 3 Supplementary Issuance of Public Sector Lawyer Certificates

Article 11 If a public sector lawyer's certificate is damaged or lost, affecting normal use, they should submit the following materials to the judicial administrative department to apply for a supplementary issuance or replacement:

(1) "Application Form for Supplementary Issuance or Replacement of Public Sector Lawyer Certificate" (Appendix 3);

(2) If the public sector lawyer certificate is damaged, submit the damaged certificate; if the certificate is lost, submit proof of loss (content and format see attachment);

(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 unit (applicable to loss due to reasons other than theft or robbery).

Chapter 4 Withdrawal and Cancellation of Public Sector Lawyer Certificates

Article 12 If a public sector lawyer no longer meets the conditions for the position due to adjustments, transfers, or retirement, their unit should retrieve their public sector lawyer certificate and apply to the judicial administrative department for cancellation of their certificate.

Article 13 To apply for the cancellation of a public official lawyer's certificate, the following materials should be submitted:

(1) "Application Form for Cancellation of Public Official Lawyer's Certificate" (Appendix 4);

(2) Public official lawyer's certificate;

(3) A certificate of consent for cancellation issued by the unit where the public official lawyer works.

Chapter 5 Procedures

Article 14 Public official lawyer certificates are approved and issued by the Provincial Department of Justice. For applicants whose units are provincial-level units, the application should be submitted by the applicant's unit to the Provincial Department of Justice; for applicants whose units are not provincial-level units, the application should be submitted by the applicant's unit to the municipal-level or above judicial administrative department.

If copies of application materials are submitted, the originals should be submitted for verification, and stamped with a "Verification of Copies against Originals" seal.

When submitting written application materials, applicants should simultaneously submit electronic application materials, ensuring consistency with the written application materials.

Article 15 The judicial administrative department responsible for receiving application materials as stipulated in Article 14 shall, within five working days of receiving the application materials, make an acceptance decision in accordance with Article 32 of the "Administrative License Law of the People's Republic of China". Municipal-level or above judicial administrative departments shall issue a review opinion within 20 days of acceptance, and submit it together with all application materials to the Provincial Department of Justice; the Provincial Department of Justice shall complete the approval and certificate issuance work within 20 days of acceptance or receipt of the review opinion and application materials submitted by the municipal-level or above judicial administrative departments. Certificates will be issued to those who meet the application requirements; for those who do not meet the application requirements, a decision not to issue a certificate will be made, with reasons provided and written notification given to the applicant and the applicant's unit.

Article 16 The review and approval time limit for applying for the reissue, replacement, or cancellation of a public official lawyer's certificate shall be handled in accordance with the provisions of Article 15 of these Measures.

For the reissue or replacement of a public official lawyer's certificate, municipal-level or above judicial administrative departments shall complete the review within ten days of receiving the application materials and submit it to the Provincial Department of Justice.

Article 17 Public official lawyer certificates for public officials of provincial-level units shall be sent by the Provincial Department of Justice to the applicant's unit; public official lawyer certificates for public officials of other units shall be sent by the Provincial Department of Justice to the municipal-level or above judicial administrative departments, which shall then send them to the applicant's unit.

Chapter 6 Management Responsibilities

Article 18 Applicants who provide false materials or engage in other fraudulent activities in handling public official lawyer certificate business shall be dealt with by the municipal-level or above judicial administrative departments in accordance with the provisions of Articles 78 and 79 of the "Administrative License Law of the People's Republic of China", and the applicant's unit shall be notified.

Article 19 Judicial administrative staff who violate the provisions of these Measures, abuse their power, neglect their duties, engage in fraud, or commit other disciplinary or illegal acts in the approval of public official lawyer certificates shall be dealt with in accordance with the relevant provisions of the "Public Servants Law of the People's Republic of China".

Article 20 Public officials lawyers shall not engage in paid legal services or legal service intermediary activities in violation of regulations, nor shall they hold concurrent positions in law firms or other legal service institutions; except for public interest legal service activities, they shall not handle litigation or non-litigation legal affairs outside their units in the capacity of a lawyer.

If a public official lawyer violates the above provisions, the judicial administrative department shall order them to cease illegal practice and recommend that their unit impose disciplinary action in accordance with relevant regulations; the unit of the public official lawyer shall confiscate their public official lawyer certificate, apply to the judicial administrative department for cancellation procedures, and impose disciplinary action in accordance with relevant regulations on public servant management.

Chapter 7 Supplementary Provisions

Article 21 Public official lawyers who meet the corresponding conditions and pass the assessment of the city's lawyer association may apply to convert to social lawyers or other types of lawyers, and handle the relevant procedures in accordance with the relevant provisions of the "Guangdong Provincial Department of Justice's Management Measures for Lawyer's Practice Licenses".

Article 22 Full-time public official lawyers in public official law firms shall be managed in accordance with the provisions of the "Guangdong Provincial Department of Justice's Management Measures for Lawyer's Practice Licenses".

Article 23 These Measures shall be interpreted by the Guangdong Provincial Department of Justice, and shall come into effect on October 1, 2017, with a validity period of 5 years. Any provisions previously formulated by the Guangdong Provincial Department of Justice concerning the management of public official lawyers that conflict with these Measures shall be superseded by these Measures.