• Area of Law： Civil Law
• Level of Authority： Departmental Regulatory Documents
• Date issued：12-30-2016
• Effective Date：12-30-2016
• Issuing Authority： Ministry of Justice Ministry of Foreign Affairs Ministry of Commerce Legislative Affairs Office of the State Council (incl. Legislative Bureau of the State Council)
• Status： Effective

The Ministry of Justice, the Ministry of Foreign Affairs, the Ministry of Commerce and the Legislative Affairs Office of the State Council Issuing the Opinions on Developing the Foreign-related Legal Service Industry
(January 2017)
Developing the foreign-related legal service industry is an important measure to establish a complete legal service system, advance the comprehensive rule of law, and promote all-around opening up. For the purposes of implementing in depth the spirit of the 18th National Congress of the Communist Party of China ("CPC") and the Third, Fourth, Fifth, Sixth Plenary Sessions of the 18th CPC Central Committee, and vigorously advancing the development of China's foreign-related legal service industry, the following opinions are hereby offered.
I. The significance and necessity of developing the foreign-related legal service industry
Since the 18th CPC National Congress, under the leadership of the CPC Central Committee and the State Council, China‘s foreign-related legal service industry has witnessed a relatively rapid development, the foreign-related legal service team has been constantly growing, foreign-related service fields have been increasingly expanded, and the service quality has been improving step by step, which has played an important role in protecting the lawful rights and interests of Chinese citizens and legal persons, and promoting opening up. Nevertheless, it shall be noted that there are still some problems and challenges confronting the foreign-related legal service industry, mainly including: the working systems and mechanisms in the foreign-related legal service industry, policies and measures are incomplete, China's foreign-related legal service industry is not internationally competitive, and there is a relative lack of foreign-related legal service talents. The Fourth Plenary Session of the 18th CPC Central Committee has made important arrangements and specific requirements for the development of the foreign-related legal service industry. As China enters the decisive stage in finishing building a moderately prosperous society in all respects, and opening up is challenged by new situation and tasks, the role of the foreign-related legal service industry in the comprehensive rule of law and social and economic development becomes more prominent. Developing the foreign-related legal service industry is required by the adaption to the progress of economic globalization, formation of a new opening up system, and response to new challenges to the maintenance of national security and stability, and is significant for the enhancement of China‘s say and influence in international legal affairs, and the protection of the lawful rights and interests of Chinese citizens and legal persons in foreign countries and foreign citizens and legal persons in China. Therefore, the development of the foreign-related legal service industry must be more highlighted, effective measures shall be effectively taken, and efforts shall be made to lift China's foreign-related legal service industry to a higher level.
II. General requirements
(1) Guiding ideology. We shall comprehensively implement the spirit of the 18th CPC National Congress and the Third, Fourth, Fifth and Sixth Plenary Sessions of the 18th CPC Central Committee, be guided by the Deng Xiaoping Theory, the important thoughts of "Three Represents," and the Scientific Outlook on Development, implement in depth the spirit of a series of important speeches delivered by the General Secretary Xi Jinping, closely center on the overall layout for "economic, political, cultural, social, and ecological progress" and the strategic layout of "Four-Pronged Comprehensive Strategy," firmly develop and implement the new concept of innovative, coordinated, green, open and shared development, establish and improve a foreign-related legal service working system and mechanism, strengthen the building of foreign-related legal service teams, advance the development of the foreign-related legal service industry, make efforts to form a new layout of the opening up strategy, and make new contributions to accomplishing the "Two Centenary Goals" and realizing the Chinese Dream of the great rejuvenation of Chinese nation.
(2) Basic principles
Adhering to serving the big picture. Centering on the central work of the party and the state, the big picture of opening up and diplomacy shall be served, play shall be given to advantages, initiative actions shall be taken, and efforts shall be made to provide high-quality and efficient foreign-related legal services for the promotion of China‘s social and economic development.
Adhering to innovative development. The new normal of the economy and the new pattern of opening up shall be voluntarily adapted to, the innovation on business, methods and modes, and management of foreign-related legal services shall be vigorously advanced, the service carriers shall be constantly enriched, and the ability and level of foreign-related legal services shall be improved or raised.
Adhering to overall arrangement and equal consideration. The domestic and international big pictures shall be effectively kept in mind, the coordination between the speed, size and quality of the development of the foreign-related legal service industry and the development of the open economy shall be promoted, and the overall coordinated development of the foreign-related legal service industry shall be realized.
Adhere to China's actual circumstances. Based on the actual circumstances of China and the legal service industry, the development pattern shall be followed, and full play shall be given to the role of the competent departments of the government, industry associations, and legal service institutions, so as to jointly advance the development of the foreign-related legal service industry.
(3) Main objectives. By 2020, the systems and mechanisms for the development of the foreign-related legal service industry will have been basically complete, the foreign-related legal service fields will have been effectively expanded, the service quality will have been significantly improved, the service team will have greatly grown, the international competitiveness will have been significantly bettered, a high-quality foreign-related legal service team with a good understanding of international rules, international insight and perspective will have been developed, and a group of foreign-related legal service institutions of large scale, with powerful strength, and providing high-level services will have been established, so as to better serve social and economic development.
III. Main tasks
(4) Providing legal services for the "one belt, one road" and other major national development strategies. Centering on the advancement of "one belt, one road," the building of pilot free trade zones and other major national development strategies, legal services shall be provided for the comprehensive rising of the level of the open economy. Project approval, bidding and other activities of major infrastructure projects and major programs such as traffic, energy and telecommunications shall be vigorously participated in, legal services shall be provided, and investment risks shall be prevented. Practical exchange and cooperation with relevant countries and regions along the "one belt, one road" in the relevant fields shall be promoted, and legal services shall be provided for the development of international trade in goods and services, cross-border e-commerce, market procurement trade, and new business types, new-generation information technology, new energy, new materials, and other emerging industries. Foreign publicity shall be given in practicing activities, and publicity shall be given to China‘s system of law to relevant countries and regions, especially the laws and regulations in the aspects of investment, trade, finance and environmental protection, among others, so as to improve international community‘s understanding and cognition of China's system of law.
(5) Providing Chinese enterprises and citizens "heading overseas" with legal services. In an adaption to the need of China's implementation of the "heading overseas" development strategy, legal service institutions and personnel shall be encouraged to participate in the legal affairs on Chinese enterprises and citizens‘ "heading overseas," and efforts shall be made to ensure that wherever Chinese enterprises and citizens go, there will be foreign-related legal services. Consultant services of relevant foreign systems of law and legal environment shall be provided to help Chinese enterprises and citizens understand the relevant systems of law in the countries and regions where they reside. The due diligence in the foreign-related commercial transactions of enterprises shall be participated in, risks shall be assessed, prevented and controlled, and Chinese enterprises shall be assisted in establishing and improving an overseas investment and financing risk prevention and rights and interests protection mechanism, so as to prevent legal risks. The foreign-related intellectual property right legal services shall be expanded, and legal services in the aspects of the protection of patents, trademarks and copyright, and disputes over foreign-related intellectual property rights, among others shall be strengthened. Representation in foreign-related actions and arbitration shall be effectively conducted, disputes over international trade shall be solved in accordance with the laws and rules, anti-dumping and anti-monopoly investigation and actions shall be vigorously participated in, the lawful rights and interests of China's citizens and legal persons in foreign countries and foreign citizens and legal persons in China shall be protected, and the rights and interests of Chinese nationals residing in foreign countries shall be safeguarded in accordance with the law.
(6) Providing legal services for the big picture of China‘s diplomacy. Centering on the big picture of China's diplomacy, legal services shall be vigorously provided for China to sign bilateral and multilateral treaties, among others, and improve China‘s say and influence in international legal affairs. In an adaption to the need of promoting the establishment of a new type of great power relationship, legal consultation and service shall be provided for China to hold strategic and economic dialogs, people-to-people exchange and high-level talks, among others. Full play shall be given to the specialized advantages of legal services, China's foreign affairs, commerce and other departments shall be assisted in developing measures for outward economic cooperation and cultural exchange, among others, in accordance with the laws and regulations, and China‘s overseas embassies and consulates shall be assisted in handling diplomatic consular affairs in accordance with the laws and regulations.
(7) Providing legal services for crackdown upon cross-border crimes, manhunts and recovery of illicit property. Practical cooperation in crackdown upon cross-border crimes, drugs and money laundering, and anti-corruption, anti-terrorism, and other fields shall be promoted, legal services shall be provided in accordance with international rules and bilateral treaties, and international criminal judicial assistance shall be deepened, so as to effectively maintain regional security. The representation in foreign-related civil and commercial cases shall be conscientiously and effectively conducted, and international civil and commercial judicial assistance shall be promoted. In cooperation with relevant departments, international bilateral and multilateral cooperation in anti-corruption, manhunts and recovery of illicit property shall be strengthened, and legal opinions and suggestions shall be provided in a timely manner. International cooperation in the transfer of sentenced persons shall be strengthened.
Major measures
(8) Improving and completing support guarantee policies. The development of the foreign-related legal service industry shall be incorporated into national and regional "13th Five-Year" development plans of the service industry, the "one belt, one road," the building of pilot free trade zones, and other major national development strategies. The competent commerce departments, commerce chambers and relevant industry associations shall set up information exchange platforms for foreign-related legal service institutions and foreign-related enterprises, publish the trends in foreign trade and economic development and the information on the demand for foreign-related legal services, and foreign-related legal services shall be made into important content of international service trade expos from home and abroad and economic and trade talks for the purpose of promotion. Universities and scientific research institutions with good conditions, among others, shall be vigorously encouraged, based on the need of the development of the foreign-related legal service industry, to innovate on the foreign-related legal talent fostering mechanism and education methods, and improve the continuing foreign-related legal education system. Full play shall be given the role of 22 existing outstanding foreign-related talent education and fostering bases of universities, and the cultivation of foreign-related legal talents understanding international rules and excelled at foreign-related legal affairs shall be accelerated. Existing fund channels shall be made use of, the government shall procure more foreign-related legal services, the prior choice of the legal services provided by China's lawyers in the government procurement projects shall be encouraged, and importance shall be attached to giving play to the role of legal service institutions in outsourcing services, overseas investment and financing by large backbone state-owned enterprises, and other projects. Tax policies supporting the development of the foreign-related legal service industry shall be implemented and support shall be provided for the development of the foreign-related legal service industry. The policies on and measures for the overseas development of the foreign-related legal service institutions shall be improved, and convenience shall be provided to legal service institutions in information consultation, market inspection, expatriate personnel buying local practicing insurance policies, and other aspects.
(9) Further establishing foreign-related legal service institutions. A group of foreign-related legal service institutions internationally competitive in business field and the aspect of service ability shall be fostered, and national and regional exemplary foreign-related legal service institutions (projects) shall be selected. The guidelines on the establishment of foreign-related legal service institutions shall be developed, their internal organizational structure, quality control, risk prevention, interest distribution, and other systems shall be improved, and the management level of legal service institutions shall be constantly raised. Domestic law firms shall be supported in establishing practicing institutions in major economies in the world by establishing branches overseas, overseas merger and acquisition, joint operation and other means, and lawyers‘ associations shall act as a go-between, make key promotion, and adopt other measures to create conditions for domestic law firms to establish branches overseas.
(10) Developing and growing the foreign-related legal service team. The team of government and corporate lawyers shall be developed, the foreign affairs, commerce and other foreign-related departments of the government shall pervasively establish government lawyers, and foreign-related enterprises shall, based on the need, establish corporate lawyers. The planning on the fostering of leading foreign-related lawyer talents shall be implemented and improved. The establishment of a foreign-related lawyer talent bank shall be accelerated to prepare talents for the development of the foreign-related legal service industry. The introduction and fostering of foreign-related legal service talents shall be incorporated into the "Recruitment Program of Global Experts," the "National High-level Personnel of Special Support Program," and other major national talent projects, and an overseas fostering mechanism of foreign-related legal service talents shall be established, so as to enhance the introduction of high-level foreign-related legal service talents. A fostering mechanism of foreign-related legal service teams for remote and inland provinces (autonomous regions and municipalities directly under the Central Government) shall be established, and regional balanced development of foreign-related legal services shall be promoted. The excellent foreign-related legal service talent recommendation mechanism shall be completed and improved, foreign-related legal service talents experienced in practicing and with international perspective shall be vigorously recommended to enter expert, review and dispute resolution bodies of international economic and trade organizations, and international arbitral bodies, and a working mechanism for excellent foreign-related legal service talents to provide legal services to China‘s foreign affairs department and overseas embassies and consulates indeed having the need shall be established.
(11) Improving foreign-related legal service mode. New foreign-related legal service modes against the backdrop of globalization and informatization shall be explored, big data, the Internet of Things, the mobile Internet, cloud computing and other new-generation information technology shall be used to promote the innovation on the foreign-related legal service mode, foreign-related legal service network platforms shall be fostered and developed, and the combination of online and offline legal services shall be promoted. Various specialized cooperation between the foreign-related legal service industry and accounting, finance, insurance, securities, and other service industries shall be promoted.
(12) Improving the quality of foreign-related legal services. Full play shall be given to the functions of industry self-discipline and services of legal service industry associations, the standards for foreign-related legal services and professional ethics and code shall be improved, and the practicing conduct and management of lawyers in foreign-related legal services shall be regulated. The establishment of basic-level party organizations in foreign-related legal service institutions shall be strengthened. The foreign-related notarization quality supervision mechanism shall be improved, a strict evidence collection and review system, approval system and major and difficult foreign-related notarization matter collective discussion system shall be established. A foreign-related forensic identification and evaluation matter report system shall be established and improved, and foreign-related forensic identification and evaluation shall be further regulated.
(13) Steadily advancing the opening of the legal service industry. Business cooperation between domestic and overseas law firms by business leagues and other means shall be supported and regulated, and a system for law firms to hire foreign national lawyers as legal advisers shall be explored and established. With the establishment of the pilot free trade zones in Shanghai, Guangdong province, Tianjin and Fujian province as opportunities, the modes and mechanisms of business cooperation between China's and foreign law firms shall be explored. The outward cooperation in the legal service industry shall be deepened, business exchange activities of relevant international organizations shall be participated in, and reciprocal opening of the legal service field to and in the countries along the "one belt, one road" shall be promoted. It shall be adhered to that, within the framework of the Closer Economic Partnership Arrangement and its supplementary agreements, all opening up measures of Chinese mainland to Hong Kong and Macao shall be implemented, the implementation of the pilot program of partner and joint operation law firms shall be accelerated, and business cooperation between law firms from Hong Kong, Macao and Chinese mainland shall be further strengthened.
V. Organization and leadership
(14) Establishing a coordination mechanism. The Ministry of Justice shall, in conjunction with the Ministry of Foreign Affairs, the National Development and Reform Commission, the Ministry of Education, the Ministry of Finance, the Ministry of Commerce, the Legislative Affairs Office of the State Council, the Legislative Affairs Bureau of the Central Military Commission, the Political and Legislative Affairs Committee of the Central Military Commission, and other relevant departments, establish a joint conference system, and research and solve major problems in foreign-related legal service work in a timely manner. Relevant departments in all regions shall, based on local actual circumstances, establish a department coordination and cooperation mechanism, and develop and implement scientific, reasonable, effective and feasible measures for the development of the foreign-related legal service industry.
(15) Strengthening supervision and management. A foreign-related legal service law and regulation system shall be established and improved, the Regulations on the Administration of Foreign Law Firms' Representative Offices in China shall be revised, and the review, supervision and management of the establishment of foreign law firms‘ representative offices in China shall be strengthened. The justice departments shall establish a recordation system of law firms establishing branches overseas, and enhance the guidance to, regulation and management of establishment of overseas legal service institutions.