Measures for the Control of the Legal Profession Qualification Certificate under Ministry of Justice Order No.74

Adopted by ministerial meeting, on July 3, 2002, and effective the same day.

Minister Zhang Fusen

July 8, 2002

Article 1. This measure is intended to standardize applications, issuance and management of the Legal Profession Qualification Certificate.

Article 2. The Legal Profession Qualification Certificate vouches for the qualifications of the bearer for work in the legal profession after passing the national judicial exam.

Article 3. Anyone who meets the provision of article 13 of Measures for the Implementation of the National Judicial Examination (Trial) and has a qualifying grade in the exam can apply to a judicial administration dept for a Legal Profession Qualification Certificate.

Article 4. The Certificate for Legal Profession Qualification must be issued by the Ministry of Justice. Judicial departments of provinces, autonomous regions and municipalities are in charge of the re-examination, submission of application materials of the Certificate, and the issuing of a certificate of their own province, region, or municipality. Judicial bureaus of a city district are in charge of first examination, application materials for the Certificate, and the issuing of a certificate of their own district. Judicial bureaus of a city district in remote places can entrust the county judicial bureaus to handle application materials for the judicial bureau for examination.

Article 5. Anyone who has a qualifying grade from the national judicial exam must apply to the judicial bureaus of the city district for the Legal Profession Qualification Certificate, within 30 days of receipt of notification of the grade. Any application made after the due date without proper reason will not be handled by the judicial bureaus of the district.

Article 6. The application for the Legal Profession Qualification Certificate must be completely true and consist of the following materials:

a. National judicial examination notification of grade for the same year.

b. Original and a copy of identification and diploma certificate.

Article 7. Application materials submitted are first examined by judicial bureaus of a city district. If the materials are complete and meet the conditions of a Certificate of Legal Profession Qualification they will be submitted to judicial departments of the province, region, or municipality for further examination. If the materials are incomplete they will be withdrawn and the applicant will be asked for a complete set within a certain time determined by the judicial department. If the applicant fails to provide a complete set the application for qualification will be automatically terminated. A written decision to terminate will be given to any applicant whose materials are not truthful or do not meet the application requirements. A written decision with reasons for the action will be reported to the judicial departments for record as well.

Article 8. Application materials are to be examined by judicial departments of the province, region, or municipality and if the application materials are complete and meet application requirements for a Certificate of Legal Profession Qualification they will be submitted directly to the Ministry of Justice for verification and issuance of certificate. A decision on issuing the Certificate of Legal Profession Qualification will be made by the judicial department of the province, region, or municipality. If an applicant does not meet the requirements it will be reported to the Ministry of Justice for the record.

Article 9. Anyone found to have committed one of the acts mentioned in Article 14 of Measures for the Implementation of the National Judicial Examination (Trial) will not be allowed to apply for the Legal Profession Qualification Certificate. If a person found to have committed any of the above acts has already obtained the Legal Profession Qualification Certificate, the Certificate will be declared invalid.

Article 10. The Certificate of Legal Profession Qualification comes with an original and a duplicate, both of them with the same validity.

Article 11. The Legal Profession Qualification Certificate will be numbered by the Ministry of Justice. The method of numbering is stipulated further.

Article 12. The Legal Profession Qualification Certificate should be kept in a safe place so that it not be altered, nor should it be borrowed, leased to someone or transferred.

Article 13. In the case of a loss of the Legal Profession Qualification Certificate, an announcement should be published in the local newspaper and periodicals as designated by the judicial department of the province, region, or municipalities, and a written application for re-issuance of the submitted to judicial bureau of the city district. The application for re-issuance will be reported by the judicial bureau to judicial departments of the province, region, or municipality for a decision. The re-issued Certificate will also come with a duplicate.

Article 14. If a Legal Profession Qualification Certificate is damaged or destroyed to the degree that it affects its usage, an application can be made to the judicial bureau of the city district for a replacement. The replacement application will be reported by the judicial bureau and to judicial departments of the province, region, or municipality for decision. The replacement Certificate will also come with a duplicate. When new certificate is replaced, the original is to be handed over.

Article 15. There is a charge for the re-issuance or replacement of a Certificate.

Article 16. The management of the Legal Profession Qualification Certificate is to be decided by judicial administration departments in relation to related departments and the general public.

Article 17. Judicial administration departments keep records of certificate bearers who do not enter the legal profession. A certificate holder who has not engaged in the legal profession must contact the judicial bureau of a city district annually in the first quarter of the year. The record will be reported to the judicial departments of the province, region, or municipality.

Article 18. Judicial administration departments keep a record of certificate holders who are employed in the legal profession. If a certificate holder changes employer, it must be reported to the judicial bureau of the city district within 30 days. Any professional change by a certificate bearer will be reported to judicial departments of the province, region, or municipality.

Article 19. Any applicant who have an objection as regards the decision not to issue a certificate or confirm a certificate by a judicial administration department can apply to a judicial administration at a higher level for reconsideration, within 60 of receiving the decision.

Article 20. This action is to be interpreted by the Ministry of Justice.

Article 21. This decision takes effect immediately.