Order No. 338 of the State Council of the People's Republic of China

The Administrative Regulations for Foreign Law Firms' Representative Organizations in China adopted at the 51st executive Meeting of the State Council on 19 December 2001 is hereby promulgated and shall take effect as of 1 January 2002.

Premier Zhu Rongji

22 December 2001

第一章 总 则

第一条

为了规范外国律师事务所驻华代表机构的设立及其法律服务活动，根据《中华人民共和国律师法》的规定，制定本条例。

Article 1 In order to regulate the establishment of foreign law firms' representative organizations in China and the legal service activities carried out by such representative organizations, these Regulations are formulated according to the provisions of the Lawyers Law of the People's Republic of China.

第二条

外国律师事务所设立驻华代表机构(以下简称代表机构)，从事法律服务活动，适用本条例。

Article 2 These Regulations shall be applicable to the establishment of a foreign law firm's representative organization in China (hereinafter, "Representative Organization") that is to be engaged in legal service activities.

第三条

代表机构及其代表从事法律服务活动，应当遵守中国的法律、法规和规章，恪守中国律师职业道德和执业纪律，不得损害中国国家安全和社会公共利益。

Article 3 A Representative Organization and its representatives shall, in their engagement in legal service activities, abide by the laws, regulations, and rules of China, strictly comply with ethical requirements and professional disciplines for Chinese lawyers, and refrain from doing harm to China's national security and social public interests.

第四条

代表机构及其代表依照本条例规定从事法律服务活动，受中国法律保护。

Article 4 Where a Representative Organization and its representative(s) conduct legal service activities in accordance with these Regulations, they are duly protected by the laws of China.

第五条

外国律师事务所对其代表机构及其代表在中国境内从事的法律服务活动承担民事责任。

Article 5 A foreign law firm shall bear civil liabilities for the legal service activities carried out by its Representative Organization and the related representative(s) thereof.

第二章 代表机构的设立、变更和注销

第六条

外国律师事务所在华设立代表机构、派驻代表，应当经国务院司法行政部门许可。

外国律师事务所、外国其他组织或者个人不得以咨询公司或者其他名义在中国境内从事法律服务活动。

Article 6 The establishment of a Representative Organization and the appointment of a representative by a foreign law firm shall be subject to the permission of the judicial administrative department of the State Council.

Foreign law firms, other foreign organizations, or individuals shall not conduct legal service activities within the territory of China in the name of a consulting company or under other names.

第七条

外国律师事务所申请在华设立代表机构、派驻代表，应当具备下列条件：

(一)该外国律师事务所已在其本国合法执业，并且没有因违反律师职业道德、执业纪律受到处罚；

(二)代表机构的代表应当是执业律师和执业资格取得国律师协会会员，并且已在中国境外执业不少于2年，没有受过刑事处罚或者没有因违反律师职业道德、执业纪律受过处罚；其中，首席代表已在中国境外执业不少于3年，并且是该外国律师事务所的合伙人或者是相同职位的人员；

(三)有在华设立代表机构开展法律服务业务的实际需要。

Article 7 The application for the establishment of a Representative Organization and the appointment of representative(s) thereof by a foreign law firm shall meet the conditions as follows:

(1) The foreign law firm shall have been in practice in its home country, and shall never have been subject to any punishment due to breach of lawyers' professional ethics and practice disciplines;

(2) A representative of the said Representative Organization shall be a practicing lawyer and a member of the bar association of the country where he/she received his/her qualification to practice, and shall have been engaged in the practice of law outside the territory of China for at least two years, and has not been subject to any criminal penalty or other punishment due to breach of lawyers' professional ethics and practice disciplines. In respect to the chief representative of the Representative Organization, however, he/she shall have been in the practice of law outside of China for at least three years, and shall be a partner or a person of the same capacity of such foreign law firm; and

(3) The foreign law firm has the actual need to establish a Representative Organization in China to carry out legal service business.

第八条

外国律师事务所申请在华设立代表机构，应当向拟设立的代表机构住所地的省、自治区、直辖市人民政府司法行政部门提交下列文件材料：

(一)该外国律师事务所主要负责人签署的设立代表机构、派驻代表的申请书。拟设立的代表机构的名称应当为“××律师事务所(该律师事务所的中文译名)驻××(中国城市名)代表处”；

(二)该外国律师事务所在其本国已经合法设立的证明文件；

(三)该外国律师事务所的合伙协议或者成立章程以及负责人、合伙人名单；

(四)该外国律师事务所给代表机构各拟任代表的授权书，以及拟任首席代表系该律师事务所合伙人或者相同职位人员的确认书；

(五)代表机构各拟任代表的律师执业资格以及拟任首席代表已在中国境外执业不少于3年、其他拟任代表已在中国境外执业不少于2年的证明文件；

(六)该外国律师事务所所在国的律师协会出具的该代表机构各拟任代表为本国律师协会会员的证明文件；

(七)该外国律师事务所所在国的律师管理机构出具的该律师事务所以及各拟任代表没有受过刑事处罚和没有因违反律师职业道德、执业纪律受过处罚的证明文件。

前款所列文件材料，应当经申请人本国公证机构或者公证人的公证、其本国外交主管机关或者外交主管机关授权的机关认证，并经中国驻该国使(领)馆认证。

外国律师事务所提交的文件材料应当一式三份，外文材料应当附中文译文。

Article 8 When applying to establish a Representative Organization in China, a foreign law firm shall submit the following documents and materials to the judicial administrative department of the people's government of the relevant province, autonomous region, or municipality directly under the Central Government where the proposed Representative Organization is located:

(1) The written application signed by the person(s) bearing primary responsibility for the foreign law firm for the establishment of the Representative Organization proposed to be established and the appointment of the representatives thereof; the name of the Representative Organization proposed to be established shall be the words meaning and arranged as "Chinese translation of the name of the law firm + the Name of the City in China (where the Representative Organization locates) + Representative Organization";

(2) Documents proving the lawful establishment of the foreign law firm in its home country;

(3) The foreign law firm's partnership agreement or articles of association and the list of names of the persons bearing responsibilities thereof and its partners;

(4) The power of attorney issued by the foreign law firm to each nominated representative of the Representative Organization, and a written statement confirming that the nominated chief representative is a partner of the said law firm or equivalent;

(5) Certification documents of the law practice qualification of each nominated representative of the Representative Organization, and documents certifying that the nominated chief representative thereof has been in the practice of law outside of China for at least three years and other nominated representatives have been in the practice outside of China for at least two years;

(6) Certification documents issued by the bar association of the country where the said foreign law firm is located certifying that the nominated representatives thereof are members of the said bar association;

(7) Documents issued by the lawyer administration organization of the country where the foreign law firm is domiciled certifying that the law firm and each nominated representative have never been subject to any criminal penalty nor other punishment due to breach of lawyer's professional ethics and practice disciplines.

The documents and materials listed in the preceding paragraph shall be subject to notarization by a notary agency or notary public of the applicant's home country, and authentication by the foreign affairs authority of the applicant's home country and the Embassy of China in the said country.

The foreign law firm shall submit the aforesaid documents and materials in three copies, with the Chinese translation attached to any materials in a foreign language.

第九条

省、自治区、直辖市人民政府司法行政部门应当自收到申请文件材料之日起3个月内审查完毕，并将审查意见连同文件材料报送国务院司法行政部门审核。国务院司法行政部门应当在6个月内作出决定，对许可设立的代表机构发给执业执照，并对其代表发给执业证书；对不予许可的，应当书面告知其理由。

Article 9 The judicial administrative department of the people's government of the relevant province, autonomous region, or municipality directly under the Central Government shall complete examination within three months as of the date of receiving application documents and materials, and submit its opinion together with such documents and materials to the judicial administrative department of the State Council for examination and verification. The judicial administrative department of the State Council shall render a decision within six months; and shall grant a law practice license to the Representative Organization that has been approved; in the case of disapproval, a written notice stating the reasons thereto shall be given.

第十条

代表机构及其代表，应当持执业执照、执业证书在代表机构住所地的省、自治区、直辖市司法行政部门办理注册手续后，方可开展本条例规定的法律服务活动。代表机构及其代表每年应当注册一次。

省、自治区、直辖市人民政府司法行政部门应当自接到注册申请之日起2日内办理注册手续。

Article 10 A Representative Organization and its representatives shall carry out the legal service activities specified in these Regulations only after they have, by presenting the law practice license and law practice certificates, completed the registration formalities with the relevant judicial administrative department at the level of province, autonomous region, or municipality directly under the Central Government where the Representative Organization is located. The Representative Organization and its representatives shall go through the registration formalities once a year.

The judicial administrative department of the people's government of the relevant province, autonomous region, or municipality directly under the Central Government shall handle registration formalities within two days as of the date of receiving an application for registration.

第十一条

代表机构应当按照有关法律、行政法规的规定，办理有关的税务、银行、外汇等手续。

Article 11 A Representative Organization shall go through the formalities for tax, bank and foreign exchange pursuant to the provisions of relevant laws and administrative regulations.

第十二条

外国律师事务所需要变更代表机构名称、减少代表的，应当事先向代表机构住所地的省、自治区、直辖市人民政府司法行政部门提交其主要负责人签署的申请书和有关的文件材料，经国务院司法行政部门核准，并收回不再担任代表的人员的执业证书。

代表机构合并、分立或者增加新任代表的，应当依照本条例有关代表机构设立程序的规定办理许可手续。

Article 12 Where a foreign law firm needs to change the name of its Representative Organization or reduce the number of the representatives thereof, the foreign law firm shall submit, in advance, a written application duly signed by the person bearing the primary responsibility and other relevant documents and materials to the judicial administrative department of the people's government of the relevant province, autonomous region, or municipality directly under the Central Government where the Representative Organization is domiciled. Such changes or reduction shall be subject to the examination and approval of the State Council's judicial administrative department, and the practitioner licenses from personnel no longer serving as representatives shall be taken back.

In the case of merger, division or appointment of new representatives, a Representative Organization shall go through the approval formalities according to the provisions concerning the procedures for the establishment of a Representative Organization set forth in these Regulations.

第十三条

代表机构的代表有下列情形之一的，由国务院司法行政部门撤销其执业许可并收回其执业证书，由省、自治区、直辖市人民政府司法行政部门相应注销其执业注册：

(一)在其本国的律师执业执照已经失效的；

(二)被所属的外国律师事务所取消代表资格的；

(三)执业证书或者所在的代表机构的执业执照被依法吊销的。

Article 13 In respect to a representative of a Representative Organization, in any of the following circumstances, the judicial administrative department of the State Council shall revoke the law practice license thereof and withdraw the law practice certificate thereof, and the judicial administrative department of the relevant province, autonomous region, or municipality under the Central Government shall accordingly deregister the related practice registration:

(1) Such representative's lawyer's practice license is already invalidated;

(2) Such representative has been disqualified by the foreign law firm to which he/she is subordinated as representative; or

(3) The law practice certificate of such representative or the law practice license of the Representative Organization with which such representative serves is revoked in accordance with the law.

第十四条

代表机构有下列情形之一的，由国务院司法行政部门撤销其执业许可并收回其执业执照，由省、自治区、直辖市人民政府司法行政部门相应注销其执业注册：

(一)所属的外国律师事务所已经解散或者被注销的；

(二)所属的外国律师事务所申请将其注销的；

(三)已经丧失本条例第七条规定条件的；

(四)执业执照被依法吊销的。

依照前款规定注销的代表机构，应当依法进行清算；债务清偿完毕前，其财产不得转移至中国境外。

Article 14 If a Representative Organization is involved in any of the following circumstances, the State Council's judicial administrative department shall revoke the permission for law practice and withdraw its law practice license, and the judicial administrative department of the people's government of the relevant province, autonomous region, or municipality directly under the Central Government shall deregister its law practice registration accordingly:

(1) The foreign law firm to which a Representative Organization is subordinated has been dissolved or cancelled;

(2) The foreign law firm to which a Representative Organization is subordinated files an application for the deregistration of a Representative Organization;

(3) The Representative Organization no longer complies with the conditions as provided for in Article 7 hereof; or

(4) Its law practice license has been revoked in accordance with the law.

Where a Representative Organization is deregistered according to the provisions specified in the preceding paragraph, the Representative Organization shall be liquidated in accordance with the law, and its property or assets shall not be transferred to outside of China before its debts are settled.

第三章 业务范围和规则

第十五条

代表机构及其代表，只能从事不包括中国法律事务的下列活动：

(一)向当事人提供该外国律师事务所律师已获准从事律师执业业务的国家法律的咨询，以及有关国际条约、国际惯例的咨询；

(二)接受当事人或者中国律师事务所的委托，办理在该外国律师事务所律师已获准从事律师执业业务的国家的法律事务；

(三)代表外国当事人，委托中国律师事务所办理中国法律事务；

(四)通过订立合同与中国律师事务所保持长期的委托关系办理法律事务；

(五)提供有关中国法律环境影响的信息。

代表机构按照与中国律师事务所达成的协议约定，可以直接向受委托的中国律师事务所的律师提出要求。

代表机构及其代表不得从事本条第一款、第二款规定以外的其他法律服务活动或者其他营利活动。

Article 15 A Representative Organization and its representatives can only conduct the following activities other than the matters related to laws of China:

(1) Provide a party concerned with consulting services concerning the laws of the country in which the foreign law firm's lawyers have been approved to engage in the law practice business, and consulting services concerning international treaties and international practices;

(2) Accept the entrustment by a party concerned or Chinese law firm to handle legal affairs in the country where the foreign law firm's lawyers have been approved to conduct law practice business;

(3) Act on behalf of a foreign party concerned to entrust a Chinese law firm to handle matters related to laws of China;

(4) Keep a long-term contractual entrustment relationship with Chinese law firms to handle legal affairs; and

(5) Provide information relating to the influences on China's legal environment.

A Representative Organization may directly raise requests to the entrusted Chinese law firm's lawyer in accordance with its agreement reached with the latter.

A Representative Organization and its representatives shall not engage in any legal service or profit-making activities other than those specified in Items (1) and (2) hereunder.ed in Items (1) and (2) hereunder.

第十六条

代表机构不得聘用中国执业律师；聘用的辅助人员不得为当事人提供法律服务。

Article 16 A Representative Organization shall not hire Chinese practicing lawyers, and the supporting personnel hired by such Representative Organization shall not provide a party concerned with legal services.

第十七条

代表机构及其代表在执业活动中，不得有下列行为：

(一)提供虚假证据、隐瞒事实或者威胁、利诱他人提供虚假证据、隐瞒事实以及妨碍对方当事人合法取得证据；

(二)利用法律服务的便利，收受当事人的财物或者其他好处；

(三)泄露当事人的商业秘密或者个人隐私。

Article 17 A Representative Organization and its representatives are prohibited from committing the following conducts in carrying out law practice activities:

(1) Provide false evidence, conceal facts, or intimidate and induce others to provide false evidence, conceal facts and impede the other party concerned from lawfully obtaining evidence;

(2) Take advantage of providing legal services to receive property of a party concerned or other benefits; or

(3) Disclose the trade secrets or personal privacy of a party concerned.

第十八条

代表机构的代表不得同时在两个以上代表机构担任或者兼任代表。

Article 18 A representative of a Representative Organization shall not concurrently serve as a representative at two or more Representative Organizations, or concurrently assume the post of representative.

第十九条

代表机构的代表每年在中国境内居留的时间不得少于6个月；少于6个月的，下一年度不予注册。

Article 19 A representative of a Representative Organization shall stay in the territory of China for at least six months per year; otherwise, the registration thereof shall not be renewed for the subsequent year.

第二十条

代表机构从事本条例规定的法律服务，可以向当事人收取费用。收取的费用必须在中国境内结算。

Article 20 When providing legal services as specified in these Regulations, a Representative Organization may charge fees to a party concerned, and shall settle such charged fees within the territory of China.

第四章 监 督 管 理

第二十一条

国务院司法行政部门和省、自治区、直辖市人民政府司法行政部门依据职责，负责对代表机构及其代表的监督管理。

Article 21 The State Council's judicial administrative department and the judicial administrative department of the relevant province, autonomous region, or municipality directly under the Central Government shall, according to their duties, be responsible for the supervision and administration of a Representative Organization and its representatives.

第二十二条

代表机构应当于每年3月31日前向住所地的省、自治区、直辖市人民政府司法行政部门提交执业执照和代表执业证书的副本以及下列上一年度检验材料，接受年度检验：

(一)开展法律服务活动的情况，包括委托中国律师事务所办理法律事务的情况；

(二)经会计师事务所审计的代表机构年度财务报表，以及在中国境内结算和依法纳税凭证；

(三)代表机构的代表变动情况和雇用中国辅助人员情况；

(四)代表机构的代表在中国境内的居留情况；

(五)代表机构及其代表的注册情况；

(六)履行本条例规定义务的其他情况。

省、自治区、直辖市人民政府司法行政部门对设在本行政区域内的代表机构进行年度检验后，应当将检验意见报送国务院司法行政部门备案。

Article 22 A Representative Organization shall, prior to 31 March of each year, submit the duplicated copy of its law practice license and representative law practice certificate and the previous year's annual examination materials listed below to the judicial administrative department of the people's government of the relevant province, autonomous region, or municipality directly under the Central Government where such Representative Organization is located for annual examination:

(1) Information on carrying out legal service activities, including the information on entrusting a Chinese law firm to conduct legal affairs;

(2) The Representative Organization's annual financial statements audited by an accounting firm and documents certifying that its accounts have been settled within the territory of China and that taxes have been paid in accordance with the law;

(3) Information on any change of the representatives of such Representative Organization and the employment of Chinese supporting staff thereof;

(4) Information on the residence of the Representative Organization's representatives within the territory of China;

(5) Information concerning the registration for a Representative Organization and the representatives thereof; and

(6) Other information of the performance of the obligations specified in these Regulations.

After conducting an annual examination on the Representative Organizations located in its administrative region, the judicial administrative department of the people's government of the relevant province, autonomous region, or municipality directly under the Central Government shall report the examination opinions to the State Council's judicial administrative department for record filing.

第二十三条

省、自治区、直辖市人民政府司法行政部门依法办理代表机构及其代表注册收取费用，以及对代表机构进行年度检验收取费用，必须严格执行国务院物价行政部门核定的同对中国律师事务所、执业律师相同的收费标准，所收取的费用必须全部上缴国库。

省、自治区、直辖市人民政府司法行政部门依法实施罚款的行政处罚，应当按照有关法律、行政法规的规定，实行罚款决定与罚款收缴分离；收缴的罚款以及依法没收的违法所得，必须全部上缴国库。

Article 23 When charging fees for handling matters concerning the registration of a Representative Organization and its representatives in accordance with the law, and charging fees for handling matters concerning the annual examination of a Representative Organization, the judicial administrative department of the people's government of the relevant province, autonomous region, or municipality directly under the Central Government must strictly implement the same charge rate as verified by the State Council's pricing administrative department for a Chinese law firm and practicing lawyer, and turn over all the fees collected to the State treasury.

When implementing the administrative penalty of imposing a fine, the judicial administrative department of the people's government of the relevant province, autonomous region, or municipality directly under the Central Government shall, according to the provisions of the relevant laws and administrative regulations, separate rendering the decision of imposing a fine from collecting the fine imposed. The fine collected and illegal gains confiscated must be completely turned over to the State treasury.

第五章 法 律 责 任

第二十四条

代表机构或者代表危害中国国家安全、公共安全或者社会管理秩序的，依照刑法关于危害国家安全罪、危害公共安全罪或者妨害社会管理秩序罪的规定，依法追究刑事责任，并由国务院司法行政部门吊销该代表机构的执业执照或者该代表的执业证书；尚不够刑事处罚的，依法给予治安管理处罚，并由国务院司法行政部门吊销该代表机构的执业执照或者该代表的执业证书。

Article 24 In the event of causing harm to China's national security, public security or social administration order, a Representative Organization or the representative(s) thereof shall be subject to criminal liability according to the provisions concerning the crime of endangering national security, the crime of endangering public security, or the crime of disrupting the order of social administration as provided for in the Criminal Law. In this case, the State Council's judicial administrative department shall revoke the law practice license of such Representative Organization or the law practice certificate of the relevant representatives. Where the circumstances are not serious enough for criminal punishment, the administrative penalty for public security shall be applicable thereto, and the law practice license of such Representative Organization or the law practice certificate of such representative shall be revoked by the State Council's judicial administrative department.

第二十五条

代表机构或者代表违反本条例第十五条的规定，非法从事法律服务活动或者其他营利活动的，由省、自治区、直辖市人民政府司法行政部门责令限期停业；情节严重的，由国务院司法行政部门吊销该代表机构的执业执照或者该代表的执业证书。

有前款所列违法行为的，由省、自治区、直辖市人民政府司法行政部门没收违法所得，对首席代表和其他负有直接责任的代表各处5万元以上20万元以下的罚款。

Article 25 Where a Representative Organization or a representative(s) thereof unlawfully engage in legal service activities or other profit-making activities in violation of the provisions as set forth in Article 15 hereof, the judicial administrative department of the people's government of the relevant province, autonomous region, or municipality directly under the Central Government shall impose an order to suspend business operation within a time limit; if the circumstances are serious, however, the State Council's judicial administrative department shall revoke the Representative Organization's law practice license or the law practice certificate of the related representative.

In the case of any of the aforesaid illegal activities conducted by a Representative Organization or the representative(s) thereof, the judicial administrative department of the people's government of the relevant province, autonomous region, or municipality directly under the Central Government shall confiscate their illegal gains, and impose a fine of not less than RMB50,000 and not more than RMB200,000 per person on the chief representative thereof and other representative(s) subject to direct liability.

第二十六条

代表机构有下列情形之一的，由省、自治区、直辖市人民政府司法行政部门给予警告，责令限期改正；情节严重的，由省、自治区、直辖市人民政府司法行政部门责令限期停业；逾期仍不改正的，由国务院司法行政部门吊销其执业执照：

(一)聘用中国执业律师，或者聘用的辅助人员从事法律服务的；

(二)开展法律服务收取费用未在中国境内结算的；

(三)未按时报送年度检验材料接受年度检验，或者未通过年度检验的。

有前款第(二)项所列违法行为的，由省、自治区、直辖市人民政府司法行政部门对其处以应当在中国境内结算的金额1倍以上3倍以下的罚款。

Article 26 If a Representative Organization is involved in any of the circumstances as follows, the judicial administrative department of the people's government of the relevant province, autonomous region or municipality directly under the Central Government shall issue a warning thereto and order such Representative Organization to make corrections within a specified time limit. If the circumstances are serious, the judicial administrative department of the people's government of the relevant province, autonomous region or municipality directly under the Central Government shall order such Representative Organization to suspend business operations within a specified time limit; in the event of failure of making correction within the specified time limit by the Representative Organization, the State Council's judicial administrative department shall revoke the law practice license thereof:

(1) Where a Representative Organization hires a Chinese practicing lawyer, or the supporting personnel thereof provide legal services;

(2) Where a Representative Organization charges fees for the legal services provided but fails to settle such collected fees within the territory of China; or

(3) Where a Representative Organization fails to submit annual examination materials on time or fails to pass the annual examination;

In the case of conducting an act in violation of laws as specified in Item (2) of the preceding paragraph, the judicial administrative department of the people's government of the relevant province, autonomous region or municipality directly under the Central Government shall impose a fine of not less than one time and not more than three times of the amount of such fees that should have been settled in the territory of the China.

第二十七条

代表机构或者代表有下列情形之一的，由省、自治区、直辖市人民政府司法行政部门给予警告，没收违法所得；情节严重的，责令限期停业，并处2万元以上10万元以下的罚款：

(一)同时在两个以上代表机构担任或者兼任代表的；

(二)泄露当事人的商业秘密或者个人隐私的；

(三)利用法律服务的便利，收受当事人财物或者其他好处的。

Article 27 With respect to a Representative Organization or a representative thereof that involves any of the following circumstances, the judicial administrative department of the people's government of the relevant province, autonomous region, or municipality directly under the Central Government shall issue a warning thereto and confiscate the illegal gains thereof; or shall, in serious circumstances, order such Representative Organization to suspend business operation within a specified time limit and impose a fine of not less than RMB20,000 and not more than RMB100,000 thereon:

(1) Concurrently serve as a representative at two or more Representative Organizations, or concurrently assume the post of representative.

(2) Disclose the trade secrets or personal privacy of a party concerned; or

(3) Take advantage of providing legal services to receive the property of a party concerned or other benefits.

第二十八条

代表机构注销，在债务清偿完毕前将财产转移至中国境外的，由省、自治区、直辖市人民政府司法行政部门责令退回已转移的财产，用于清偿债务；严重损害他人利益的，对其首席代表和其他直接责任人员依照刑法关于藏匿财产罪的规定，依法追究刑事责任；尚不够刑事处罚的，由省、自治区、直辖市人民政府司法行政部门对代表机构处5万元以上30万元以下的罚款，对首席代表和其他直接责任人员各处2万元以上10万元以下的罚款。

Article 28 Where a Representative Organization is deregistered and transfers its property and assets outside of China before its debts are settled, the judicial administrative department of the people's government of the relevant province, autonomous region, or municipality directly under the Central Government shall order such Representative Organization to return the property and assets transferred to be used as the settlement of debts thereof. In the event that a severe harm is caused to other person's interests, the chief representative thereof and other person(s) subject to direct liabilities shall be held for criminal liability according to the provisions concerning the crime of concealing property/assets as provided for in the Criminal Law. When the circumstances are not serious enough for criminal punishment, the relevant judicial administrative department of the people's government of the relevant province, autonomous region, or municipality directly under the Central Government shall impose a fine of not less than RMB50,000 and not more than RMB300,000 on such Representative Organization, and impose a fine of not less than RMB20,000 and not more than RMB100,000 per person upon the chief representative thereof and the person(s) subject to direct liabilities.

第二十九条

代表机构的代表提供虚假证据、隐瞒事实或者威胁、利诱他人提供虚假证据、隐瞒事实的，依照刑法关于妨害作证罪的规定，依法追究刑事责任，并由国务院司法行政部门吊销其执业证书。

Article 29 Where a Representative Organization's representative provides false evidence, conceals facts, or intimidates and induces others to provide false evidence and conceal facts, he/she shall be subject to criminal liability according to the provisions concerning the crime of hampering evidence as provided for in the Criminal Law, and his/her law practice certificate shall be revoked by the State Council's judicial administrative department.

第三十条

外国律师事务所、外国律师或者外国其他组织、个人擅自在中国境内从事法律服务活动，或者已被撤销执业许可的代表机构或者代表继续在中国境内从事法律服务活动的，由省、自治区、直辖市人民政府司法行政部门予以取缔，没收违法所得，并处5万元以上30万元以下的罚款。

Article 30 Where foreign law firms, foreign lawyers, or other foreign organizations and individuals conduct legal service activities within the territory of China without permission, or a Representative Organization or the representatives thereof, of which the law practice permit has been revoked, continue to carry out legal service activities within the territory of China, the judicial administrative department of the people's government of the relevant province, autonomous region, or municipality directly under the Central Government shall ban such activities, confiscate the illegal gains, and impose a fine of not less than RMB50,000 and not more than RMB300,000 concurrently.

第三十一条

代表机构被依法吊销执业执照的，该代表机构所属的外国律师事务所5年内不得申请在华设立代表机构；代表机构的代表被依法吊销执业证书的，该代表5年内不得在华担任代表机构的代表。

代表机构的代表因危害中国国家安全、公共安全或者社会管理秩序，被依法判处刑罚的，该代表所在的代表机构所属的律师事务所不得再申请在华设立代表机构，该代表终身不得在华担任代表机构的代表。

Article 31 Where the law practice license of a Representative Organization is revoked in accordance with the law, the foreign law firm to which such Representative Organization is subordinated is not allowed to file an application for the establishment of a Representative Organization in China within five years; if the law practice certificate of a representative of a Representative Organization is revoked, such representative is not allowed to serve as a representative of a Representative Organization in China within five years.

Where a representative of a Representative Organization is subject to any criminal punishment due to causing harm to China's national security, public security or social administration order, the foreign law firm to which the said Representative Organization is subordinated shall no longer be allowed to apply for the establishment of any Representative Organization in China, and the said representative shall never be allowed to serve as a representative of a Representative Organization during the remainder of his/her life.

第三十二条

司法行政部门工作人员有下列违法行为之一的，对负有责任的主管人员和其他直接责任人员依法给予记过、记大过或者降级的行政处分：

(一)不按照本条例规定的条件对拟设代表机构、拟任代表的证明文件、材料进行审查、审核的；

(二)不按照本条例的规定对代表机构进行注册或者年度检验的；

(三)不按照国家规定收费项目、收费标准收取费用的。

Article 32 In the event that staff members of judicial administrative departments conduct any of the following acts in violation of laws, an administrative penalty of recording a demerit or grave demerit or being demoted shall be imposed on the person-in-charge bearing responsibility and other person(s) subject to direct liability:

(1) Failure to examine and review the credentials or certification documents of the Representative Organization proposed to be established and the nominated representatives in accordance with the provisions as set forth in these Regulations;

(2) Failure to conduct the registration or annual examination of Representative Organizations in accordance with the provisions as set forth in these Regulations; or

(3) Failure to levy charges as per the items and rates of charge as provided for by the State.

第三十三条

司法行政部门工作人员有下列违法行为之一的，对负有责任的主管人员和其他直接责任人员依法给予降级、撤职或者开除的行政处分：

(一)对不符合本条例规定条件的拟设代表机构或者拟任代表决定发给执业执照、执业证书的；

(二)利用职务上的便利收受财物、谋取私利的；

(三)违反本条例的规定，对应当撤销代表机构或者代表执业许可，收回执业执照、执业证书的不予撤销、收回，或者对应当注销的执业注册不予注销的；

(四)依法收缴罚款不开具罚款收据或者不如实填写罚款数额的；

(五)不执行罚款收缴分离制度或者不按照规定将依法收取的费用、收缴的罚款及没收的违法所得全部上缴国库的；

(六)对代表机构及其代表违反本条例规定的行为不及时查处的；

(七)有不严格执法或者滥用职权的其他行为，造成严重后果的。

有前款所列违法行为之一，致使公共财产、国家和人民利益遭受严重损失的，依照刑法关于滥用职权罪、玩忽职守罪或者受贿罪的规定，依法追究刑事责任。

Article 33 In the event that staff members of judicial administrative departments conduct any of the following acts in violation of laws, administrative penalty of demotion, removal from office or termination of employment shall be imposed on the person-in-charge bearing responsibility and other person(s) subject to direct liability:

(1) Decide to grant a law practice license to a Representative Organization proposed to be established and a law practice certificate to a nominated representative, which does not meet the requirements provided for in these Regulations;

(2) Abuse the power of office to receive property and seek personal gains;

(3) Failure to revoke and withdraw the law practice license of a Representative Organization or the law practice certificate of a representative, which should be revoked and withdrawn, or failure to deregister the law practice registration that should be deregistered, which is in violation of the provisions of these Regulations;

(4) Levy and collect fines in accordance with the law without issuing a fines receipt or filling out the amount of fines as they are;

(5) Failure to separate the duty of levying and collecting fines or fail to turn over all fees received, fines collected or illegal gains confiscated to the State treasury;

(6) Failure to investigate and punish in a timely fashion the Representative Organization and its representatives for their behaviors in violation of these Regulations; or

(7) Conduct other acts such as enforcing the law in a non-strict manner or abusing the power of office, thereby causing serious consequences.

On occurrence of any of the actions in violation of the laws specified in the preceding paragraph that cause serious losses to public property and the interests of the State and the people, the violator(s) shall be subject to criminal liability for the crime of abusing the power of office, committing dereliction of duty or taking bribery as provided for in the Criminal Law.

第六章 附 则

第三十四条

中国的单独关税区的律师事务所在内地设立代表机构的管理办法，由国务院司法行政部门根据本条例的原则另行制定。

Article 34 The administrative measures for the establishment of a Representative Organization in Mainland China by a law firm in China's separate Customs territory shall be separately formulated by the judicial administrative department of the State Council according to the principles of these Regulations.

第三十五条

本条例自2002年1月1日起施行。本条例施行前经国务院司法行政部门许可已经试开业的外国律师事务所驻华办事处以及试执业的代表，应当自本条例施行之日起90日内依照本条例的规定重新申请办理审批手续。

Article 35 These Regulations shall take effect as of 1 January 2002. If, subject to the permission of the judicial administrative department of the State Council, a foreign law firm's representative organization has carried out a trial business operation and its representative(s) have conducted a trial practice of law before the implementation of these Regulations, the Representative Organization and its representative(s) shall, according to the provisions of these Regulations, renew the application for the examination and approval formalities within 90 days as of the promulgation date of these Regulations.