Resource Center

To all city and above-prefecture level judicial bureaus, Shunde District Judicial Bureau, and the Provincial Lawyers Association:

Since the pilot program for public sector lawyers and company lawyers (hereinafter referred to as "two public lawyers") was launched in 2002, the development of "two public lawyers" in our province has been rapid, playing an important role in serving the construction of a law-based government and promoting the healthy development of enterprises. However, there are also problems such as low entry barriers and inadequate supervision and guidance in the pilot program, which have affected the development of "two public lawyers". To further promote the pilot program for "two public lawyers" in our province, improve the entry system, and standardize professional management, the following matters are hereby notified:

I. Strictly regulate the pilot units for "two public lawyers" and the conditions for entry into the profession

(1) Regulating the conditions for pilot units of "two public lawyers". Units carrying out pilot programs for public sector lawyers should meet the following conditions: First, they should be county (city, district) level or above people's governments and their constituent departments or departments that exercise government functions according to law; second, the county-level and above people's government organization management agencies or the "three-fixed" plans of the people's governments at all levels clearly stipulate that the unit has established a legal affairs department or work post; third, there are personnel who meet the conditions for practicing as public sector lawyers.

County-level and above party committees, people's congresses, and political consultative conference organs applying for pilot programs for public sector lawyers shall follow the above-mentioned regulations.

Units carrying out pilot programs for company lawyers should meet the following conditions: First, they should be registered and established in the province and include large and medium-sized state-owned enterprises under the central government stationed in Guangdong, large well-known private enterprises, and foreign-funded enterprises; second, the enterprise has an independent legal or legal affairs department; third, there are two or more personnel who meet the conditions for practicing as company lawyers.

Units that have already carried out pilot programs for "two public lawyers" and apply to increase "two public lawyers" should also meet the above conditions.

(2) Applicants for "two public lawyers" must participate in internships. Except for personnel with lawyer practice experience, prospective applicants for "two public lawyers" must complete one year of on-the-job internship and pass the internship assessment of the local city lawyers association in accordance with the requirements of the "Guangdong Province Internship Management Measures for Applicants for Lawyer Practice" (hereinafter referred to as the "Internship Management Measures"). During the internship period, they should participate in and complete the centralized training organized by the lawyers association as required.

Applicants for public sector lawyer internships should submit internship applications to the local public sector lawyer office (including the public sector lawyer management office, hereinafter the same), and after the public sector lawyer office agrees and reports to the city lawyers association for review and registration, they will participate in practical training and public legal service activities organized by the public sector lawyer office. Applicants for public sector lawyer internships must participate in the centralized training organized by the lawyers association. With the consent of the public sector lawyer office, interns can also conduct practical training under the guidance of public sector lawyers in their unit who meet the conditions for guiding lawyers or lawyers who meet the conditions for guiding lawyers hired by their unit as legal counsel. After the internship period, the city lawyers association will conduct an assessment in accordance with the "Internship Management Measures". When the lawyers association conducts the assessment, it should listen to the opinions of the public sector lawyer office.

Applicants for company lawyer internships should go through the company lawyer pilot unit to submit internship and centralized training applications to the city lawyers association. After the city lawyers association registers and reviews and approves the internship of applicants for company lawyers, they can conduct practical training under the guidance of company lawyers in their unit who meet the internship guidance lawyer conditions, or under the guidance of legal counsel lawyers who meet the internship guidance lawyer conditions assigned by the law firm hired by their unit, but they should report to and obtain the consent of the local city lawyers association. After the internship period, the city lawyers association will conduct an assessment in accordance with the "Internship Management Measures".

Before applicants for "two public lawyers" submit internship and centralized training applications to the city lawyers association, their units should first apply to the provincial judicial department to become a "two public lawyers" pilot unit through the city and above-prefecture level judicial bureau (hereinafter referred to as the city judicial bureau), otherwise, the city lawyers association will not register and review.

During the internship period for applicants for "two public lawyers", they should work in the legal affairs department or work post of their unit; otherwise, the internship already conducted will be invalid.

(3) Improving the materials and procedures for applying for "two public lawyers". After the internship period for applicants for "two public lawyers" is completed and they pass the assessment, the public sector lawyer office or the company lawyer pilot unit will submit application materials for "two public lawyers" to the city judicial bureau. After the city judicial bureau reviews and approves, it will report to the provincial judicial department for approval. The approval should be handled in accordance with the procedures and time limits stipulated in the Ministry of Justice's "Measures for the Administration of Lawyer Practice" and relevant normative documents of the provincial judicial department.

Applicants for public sector lawyers should submit the following materials:

1. "Report on Lawyer's Practice Certificate", "Registration Form for the Practice of Lawyers in the People's Republic of China".

2. Copy of legal professional qualification certificate or lawyer qualification certificate.

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

4. Copies of resident ID card and household register.

5. Copy of the applicant's national civil servant (staff of a public institution) appointment document or proof of civil servant (staff of a public institution) identity issued by the department with personnel management power, which should include a character assessment and consent to their practice.

6. Letter of commitment (content and format see Attachment 1).

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

In addition to the above 7 items, applicants for public sector lawyers should also submit the formal approval document from the provincial judicial department agreeing to the establishment of public sector lawyer positions.

Applicants for company lawyers should submit the following materials:

1. "Report on Lawyer's Practice Certificate", "Registration Form for the Practice of Lawyers in the People's Republic of China".

2. Copy of legal professional qualification certificate or lawyer qualification certificate.

3. Copy of the applicant's centralized training completion certificate issued by the lawyers association and "Guangdong Province Internship Assessment Registration Form for Applicants for Lawyer 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 (except for crimes of negligence), and the date of issuance of the certificate should not be more than 6 months from the date when the review agency reviews the materials.

6. Formal approval document from the provincial judicial department agreeing to carry out the company lawyer pilot program.

7. Original certificate from the applicant's unit agreeing to and recommending the applicant to serve as a company lawyer and specifying the applicant's specific work department.

8. Letter of commitment (content and format see Attachment 2).

9. List of social insurance purchased by the company for the applicant.

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

Applicants for "two public lawyers" who have had lawyer practice experience do not need to submit a copy of the applicant's centralized training completion certificate issued by the lawyers association and the "Guangdong Province Internship Assessment Registration Form for Applicants for Lawyer Practice".

II. Improve the application and approval procedures for pilot units of "two public lawyers"

City judicial bureaus will accept applications for pilot units of "two public lawyers" and the addition of positions in March, July, and November each year. Applications for "two public lawyers" after approval by the provincial judicial department to carry out the "two public lawyers" pilot program are not subject to the above time limits.

Units applying to pilot the "two public" lawyer program should submit their application materials (clearly stating the reasons for application, the number of personnel for the "two public" lawyer program, resumes, etc.) to the local municipal justice bureau for review within the stipulated time. The municipal justice bureau should issue a review opinion within one month of receiving the application materials and submit it to the provincial justice department for review. The provincial justice department should complete the review and issue an approval or disapproval of the application to pilot or expand the "two public" lawyer program within one month of receiving the application materials and review opinions from the municipal justice bureau. The time for supplementary materials is not included in the review time.

Vertical management unit's public sector lawyers who change units within the provincial system but remain in legal positions or departments and meet the conditions for public sector lawyer positions can directly become public sector lawyers of the new unit by changing their lawyer practice.

Units approved by the Provincial Department of Justice to pilot the "two public" lawyer program, if no one obtains a "two public" lawyer work permit within two years or if there are no "two public" lawyers for two consecutive years, the municipal justice bureau should promptly report the relevant situation in writing to the Provincial Department of Justice, which will then decide whether to revoke the pilot program.

III. Strengthening Supervision and Guidance of the Practice of "Two Public" Lawyers

(1) Seriously conduct the annual performance appraisal of "two public" lawyers. "Two public" lawyers should submit the "Lawyer's Annual Performance Appraisal Registration Form" and relevant materials according to the requirements of the judicial administrative organs and the lawyers' association for the annual performance appraisal of lawyers. The appraisal opinions of public sector lawyers are issued by the public sector law firm they belong to; the appraisal opinions of company lawyers are issued by the legal (legal affairs) department of the company lawyer pilot unit. The municipal lawyers' association will assess the appraisal level based on the materials submitted by the "two public" lawyers, combined with the appraisal opinions issued by the pilot unit and the public sector law firm, and report the relevant situation to the local municipal justice bureau.

"Two public" lawyer pilot units should submit a report on the management and work of "two public" lawyers to the municipal justice bureau between March and May each year. Public sector lawyer pilot units should also send copies of the relevant materials to the public sector law firm. If pilot units fail to submit reports as required, the municipal justice bureau will request them to submit them promptly. If they still fail to submit them after being urged, the pilot program of the unit will be suspended. The municipal justice bureau should prepare written materials on the management and work of "two public" lawyers after the appraisal and report them to the provincial justice department.

"Two public" lawyers who cannot participate in the annual practice appraisal due to special reasons such as training, long-term business trips, etc., should submit written proof and submit relevant materials for appraisal within 20 days after the special circumstances are eliminated. Failure to do so will be considered as giving up the application for appraisal. If a "two public" lawyer does not apply for the annual practice appraisal, the pilot unit should promptly retrieve their practice certificate and return it to the provincial justice department through the municipal justice bureau for cancellation.

(2) Strengthen daily supervision, guidance, and business training for "two public" lawyers. "Two public" lawyer pilot units should implement their daily management responsibilities for "two public" lawyers in accordance with the Ministry of Justice's "Regulations on the Administration of Law Firms," "Regulations on the Administration of Lawyer Practice," and relevant requirements for the work of "two public" lawyers. If a "two public" lawyer leaves their work unit, no longer engages in legal work, or has other circumstances that make them unsuitable to be a "two public" lawyer, the pilot unit should retrieve their lawyer's work permit within 10 days of the occurrence of the above circumstances and submit the lawyer's work permit and cancellation materials to the municipal justice bureau within 10 working days, which will then submit it to the provincial justice department for cancellation procedures.

The municipal justice bureau should strengthen the inspection of the pilot work of "two public" lawyer pilot units. If it is found that the management of "two public" lawyers in a pilot unit is chaotic or there are other violations, it may order rectification; in serious cases, it may no longer approve the addition of new "two public" lawyers or propose to the provincial justice department to revoke the pilot program.

All levels of judicial administrative departments and lawyers' associations should include "two public" lawyers in lawyer training, further strengthen education and business training on professional ethics and practice discipline for "two public" lawyers, and continuously improve the overall quality of the "two public" lawyer team.

(3) Seriously investigate and deal with illegal and disciplinary violations. If a "two public" lawyer refuses to return their lawyer's work permit after failing to meet the conditions for their position, the pilot unit should promptly report the situation to the provincial justice department through the municipal justice bureau, and the provincial justice department will no longer issue them a "two public" lawyer's work permit. If a pilot unit fails to retrieve the work permit of a "two public" lawyer who no longer meets the conditions and report it for cancellation as required, the judicial administrative organs will restrict the development of new "two public" lawyers depending on the circumstances; in serious cases, the pilot unit's qualification will be revoked.

For units that apply for the "two public" lawyer pilot program and have assisted or condoned their staff in obtaining full-time or part-time lawyer practice certificates from law firms in violation of regulations, their applications will be delayed or disapproved depending on the specific circumstances. For those already piloting the program, the development of new "two public" lawyers may be restricted or the pilot program may be revoked. At the same time, relevant disciplinary personnel will be seriously dealt with according to law.

If a "two public" lawyer provides paid legal services in violation of regulations, or provides legal services to organizations and individuals outside their unit in the name of a lawyer (except for those who undertake legal aid obligations as assigned by legal aid institutions), the judicial administrative organs will order them to stop illegal practice, retrieve their lawyer's work permit, and deal with them according to relevant regulations. At the same time, the management responsibility of the pilot unit may be investigated according to the circumstances.

This notice shall be implemented from the date of issuance. If the provisions of the "Several Opinions on Further Strengthening and Standardizing the Pilot Work of Public Sector Lawyers" and the "Several Opinions on Further Strengthening and Standardizing the Pilot Work of Company Lawyers" issued by our department on October 11, 2005, and the "Supplementary Opinions on the Pilot Work of Public Sector Lawyer Positions" issued on January 18, 2006, are inconsistent with this notice, this notice shall prevail.

If you have any opinions or suggestions, please contact the Lawyer Work Management Office of the Provincial Department in a timely manner.

Attachment: 1. Letter of Commitment Applicable to Applying for Public Sector Lawyer Practice

2. Letter of Commitment Applicable to Applying for Company Lawyer Practice

Guangdong Provincial Department of Justice

January 24, 2014