The
State Council Thursday released a regulation on the opening up
of the Chinese legal service market. The regulation will be
effective on January 1, 2002.
According to the 35-article regulation, foreign law firms must
first get approval from the State Council's judicial and
administrative departments before they establish representative
agencies in China and send their representatives to the country to
work.
No
foreign law firms, individuals or other overseas organizations are
allowed to undertake legal services within the boundaries of China
in the name of consulting firms or on any other pretenses, says the
regulation.
Representative agencies approved by the State Council should not
handle any business related to Chinese legal affairs, says the
regulation.
However, the regulation says that there are five kinds of legal
services they may engage in, such as providing consultation in
China on international treaties and practices, entrusting Chinese
law firms on behalf of overseas clients to solve Chinese legal
affairs and establishing long-term mutual trust relationships with
Chinese law firms by clinching contracts.
The regulation also points out that representative offices of
foreign law firms in China should not employ certified Chinese
lawyers. And support staff they employ in China should not provide
legal service for clients.
Representative offices of foreign law firms in China who handle
their legal services in line with the regulation shall be protected
according to law, the regulation says.
(China
Daily December 28, 2001)