Recently, the Implementation Measures of Fujian Provincial Department of Justice for the Pilot Program of Xiamen Law Firms Hiring Foreign Lawyers as Foreign Legal Consultants was officially issued, designating Xiamen as the national pilot zone.
Pursuant to the General Office of the Ministry of Justice's Notice on Comprehensive Pilot Reforms for Innovative Development in Trade in Services, Xiamen is among China's 28 pilot zones and Fujian's sole pilot city. These measures implement national directives to advance Xiamen's trade-in-services and foreign-related legal services.
The measures specify
Eligible entities are partnership law firms approved by the provincial justice department and established in Xiamen (excluding branches). Such firms must meet four requirements including operation for over three years, passing annual assessments in the recent three years, employment of at least 20 full-time practicing lawyers, and demonstrated strong foreign legal service capabilities. Meanwhile, foreign lawyers must hold valid foreign practice qualifications with no less than two consecutive years of overseas practice experience and a clean disciplinary record.
Foreign lawyers shall be engaged by domestic law firms as "foreign legal consultants." Within prescribed scopes, they may provide clients with consultations on foreign laws, international treaties, and customary practices; collaborate with Chinese lawyers in delivering cross-border legal services, but are prohibited from engaging in Chinese legal affairs. Additionally, the number of foreign legal consultants at each firm shall not exceed 10% of its Chinese practicing lawyers and shall be capped at 20 persons.
Industry professionals indicate
Industry professionals indicate this pilot initiative facilitates the introduction of international legal expertise, enhances Xiamen's service capabilities in cross-border investment, international trade, and foreign-related dispute resolution, further optimizes the rule-of-law-based business environment, and supports Xiamen's development as a pivotal city within China's new development paradigm.
Source: investxiamen.org.cn
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