Chinese residents among Hong Kong and Macao permanent residents apply for approval to engage in lawyer profession in the Mainland

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Item name： Chinese residents among Hong Kong and Macao permanent residents apply for approval to engage in lawyer profession in the Mainland（final decision）

Common words：                                        Search keywords：

Business situation： Hong Kong and Macao residents apply to engage in legal profession in the Mainland.

Ordinal：1

Legal responsibility：  If the licensee obtains administrative license by improper means or engages in administrative license activities in violation of laws and regulations, he/she shall bear corresponding legal responsibilities according to relevant laws and regulations.

  Scope of application： This guide is applicable to the application and handling of the application forChinese residents among Hong Kong and Macao permanent residents apply for approval to engage in lawyer profession in the mainland.

Basic coding：310100277001

Implementation coding：11310000002420455M231010027700101

Event code:SP-000277

Event type： Administrative examination and approval

Competent department：Shanghai Bureau of Justice

Exercise level： Municipal level

Setting basis：Law of the peoples Republic of China on Lawyers (Order No. 76 of the chairman, amended in 2017)；Decision of the State Council on establishing administrative license for the administrative examination and approval items that really need to be retained (GF [2014] No. 27, June 29, 2004)；Administrative Measures for the Practice of Law by Lawyers(Order No. 134 of the Ministry of justice, revised in 2016)； Measures for the administration of Hong Kong Special Administrative Region and Macao Special Administrative Region residents who have obtained mainland legal professional qualification to engage in lawyer profession in the mainland (Order No. 128 of the Ministry of justice, revised in 2014)

Implementation subject：Shanghai Bureau of Justice

Implementation subject coding：11310000002420455M

The nature of the implementation subject：Legal organizations

Sources of power：Created by law

Joint agency：No

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Service object：Natural person

Subject：Judicial justice

Examination and approval / confirmation / payment / levy / reward / service / judgment object: For the purpose of obtaining "lawyers practice license" and carrying out legal services, the applicants domicile is in this city

Authority division: Shanghai Bureau of Justiceshall be responsible for the approval of Chinese residents among Hong Kong and Macao permanent residents who apply to engage in the profession of lawyers in law firms in the city where they are domiciled, including examination of matters, decision-making and service of documents.

Contents of approval / confirmation / payment / levy / reward / service / ruling:                                        Practice approval of lawyers (Chinese residents among Hong Kong and Macao permanent residents)

Legal effect: Those who are permitted to practise shall obtain a lawyers practice license and may engage in legal services as stipulated in the law on lawyers and the measures for the administration of Hong Kong and Macao Special Administrative Region residents who have obtained mainland legal professional qualifications to engage in the profession of lawyers in the Mainland.

Quantity limit: No quantity limit

Acceptance conditions: The application materials are complete, andin accordance with legal form.Please refer to the list of application materials.

Approval / confirmation / payment / levy / reward / service / ruling conditions:1. Conditions for approval: (1) support the Constitution of the Peoples Republic of China; (2) pass the national judicial examination held in the Mainland and obtain the legal professional qualification certificate of the Peoples Republic of China; (3) One year internship in a Mainland law firm or a branch of a Mainland law firm located in Hong Kong and passed the examination by the local lawyers association of the mainland; those who are Hong Kong legal practitioners or Macao lawyers with more than 5 years of practice experience shall participate in the centralized training organized by the mainland local lawyers association for not less than one month and pass the examination; (4) Good conduct. (2) the circumstances in which the approval is not approved: (1) those who have no or limited capacity for civil conduct; (2) those who have been subjected to criminal punishment, except those who commit negligent crimes; (3) those who have been dismissed from public service or whose practicing certificates of lawyers and notaries have been revoked;(4) A person who is employed by a representative office of a foreign law firm in China or a representative office of a Hong Kong or Macao law firm in the mainland shall not simultaneously apply for employment as a lawyer in the mainland;(5) Maintain labor relations with other employers。

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Time limit for application：No limited

Time limit foracceptance：  3 working days for District Judicial Bureau

Legal time limit for completion: 10 working days

Explain for legal time limit for completion:10 working days for review by Shanghai Bureau of Justice

Commitment time limit：6 working days

Explain for  Commitment time limit：6 working days

Type of work piece: Commitments

Process flow chart:

Handling method: 1. The applicant shall submit the application materials at the site in the review process, and the specific processing steps are as follows. (1) Receive application materials. The District Judicial Bureau receives the applicants application materials and issues the receipt of administrative examination and approval application materials. (2) Application acceptance review. If the District Judicial Bureau decides to accept the application, it shall prepare and issue the administrative examination and approval acceptance notice; if the applicant needs to supplement and correct the application materials, it shall prepare and issue the administrative examination and approval supplement and correction material notice; if the application item does not need administrative examination and approval or does not fall within the scope of administrative examination and approval of the organ, it shall prepare and issue the administrative examination and approval rejection notice. (3) Examination of application conditions. After reviewing the application materials, the undertaker of the District Judicial Bureau shall draw up the examination opinions on whether the applicant meets the examination and approval conditions; the department head shall review the application materials and review opinions and prepare the review opinions; the leaders of the sub Bureau of the district and county Judicial Bureau shall make approval opinions on the review opinions. (4) Submission of review opinions. The review undertaker of the District Judicial Bureau shall prepare the administrative examination and approval opinions and submit the application materials to the Municipal Judicial Bureau, and prepare the administrative examination and approval review opinion notice to serve the applicant. (5) Audit opinions. The examination and approval undertaker of the Municipal Bureau ofJustice shall review the application materials and the administrative examination and approval opinions, and prepare the examination opinions. (6) Approval decision. The person in charge of the Municipal Judicial Bureau shall review the application materials, the administrative examination and approval opinions and the examination opinions, and make a decision on whether to approve or not. (7) Service of documents. If the undertaker of examination and approval makes the decision on administrative examination and approval or the decision on refusal of administrative examination and approval and serves it to the applicant, the lawyers practice certificate shall be made or changed at the same time if the practice or change is approved; if the cancellation is approved, the lawyers practice certificate shall be withdrawn.

The specific process is as follows: (1) Application pre-trial. Whether the application materials are complete and the contents are complete shall be preliminarily reviewed. If the application items do not need to obtain the relevant administrative examination and approval according to law, the applicant shall be informed online that the relevant administrative examination and approval is not required; if the application items do not fall within the jurisdiction of the municipal and district judicial bureaus, the applicant shall be informed online to apply to the relevant administrative organ; if the application materials do not conform to the provisions of this guide, the applicant shall be informed of all the contents that need to be supplemented and improved in one time If it meets the requirements, the applicant shall be informed online to submit materials on site within 20 working days. (2) On site verification. If the application has passed the preliminary examination, the applicant shall submit the written materials to the handling department on the site, and the handling department shall conduct on-site verification. If the original copy is required to be collected as specified in the list of application materials, the original shall be supplemented and issued the acceptance certificate of administrative examination and approval application materials.

2.Examination method: the materials submitted by the applicant shall be examined in writing. In the process of examination, if it is necessary to investigate and verify the relevant information, the handling department may require the applicant to provide relevant certificates or appoint two or more staff members to conduct verification.

Special procedures:No

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General office scope: The whole region

Operating system: Municipal level

Online processing level: Online acceptance

Online address: no

Whether to enter the government hall: Yes

Number of visits to the office: 1

Whether booking is supported: Yes

Whether express delivery is supported: Yes

Whether to support self-service terminal processing: No

Whether to support online payment: No

Charge or not: No

Intermediary services: No

Name of application form:1.Application for administrative examination and approval

2.Shanghai lawyer practice application registration form

Form standard of application materials:1. The application materials shall be arranged in the order specified in the application form of this guide; 2. Printed or copied application materials shall be made of A4 paper, and the contents stated therein shall be clear and distinguishable; 3. Documents issued by administrative organs and other institutions shall be provided according to the size of the original; 4. For online application, electronic materials shall be submitted first, and paper originals shall be submitted during on-site verification, and the originals shall be returned after verification. Materials submitted online must be the same as those submitted on the spot.

Notes for filling: No

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Applicants rights: The applicant shall have the right of statement and defense according to law, and shall have the right to apply for administrative reconsideration or bring an administrative lawsuit in accordance with the law; if the legitimate rights and interests of the applicant are damaged due to the illegal implementation of the administrative license by the administrative organ, the applicant shall have the right to claim compensation according to law.

Applicants obligations: It shall truthfully submit relevant materials to the administrative organ and reflect the true situation, and bear corresponding legal responsibility for the authenticity of the application materials.

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Processing form: window processing, online processing, express application

Application receiving method - window receiving:1. Pudong New Area Judicial Bureau (administrative examination and approval acceptance window); address: Office C7, 3rd floor, No. 2, Hehuan Road, Pudong New Area, Shanghai; Tel: (021) 20585565; postcode: 200125; 2. Public legal service center of Xuhui District; address: window b01-b06, first floor, administrative service center, No. 969 Nanning Road, Caohejing street, Xuhui District; Monday to Friday: 9:00 a.m. - 16:30 p.m. (11:30-13:30 a.m.) (except for legal holidays) Tel: (021) 64865064; postcode: 200030; 3. Changning District public legal service center, address: Building 2, No. 112, Huayang Road, Changning District, Shanghai, Tel: 021-62260426, postcode: 200050; 4. Putuo District Administrative Service Center; address: window 22, district administrative service center, 602 Tongpu road; Tel: (021) 22234500; postcode: 200333; 5. Hongkou District public legal service center; address: administrative permission window, No. 3, 500 Guangling fourth road; Tel: 3536324965075010; postcode: 200434; 6. Yangpu District public legal service center; address: No. 583, Yangzhou road; Tel: (021) 55210089; postcode: 200082; 7. Huangpu District Administrative Service Center; address: window A09, second floor, Huangpu District administrative service center, 139 Julu Road (13:30-16:30 p.m. from Monday to Friday); Tel: (021) 63846699 * 108; postcode: 200020;8. Jingan District Administrative Service Center; address: public legal service center of Jingan District, 217 Yonghe Road (9:00-11:30 and 13:30-16:30 from Monday to Thursday); Tel: (021) 65213330; postcode: 200040; 9. Minhang District public legal service center: 392 Xintan Road, Tel: (021) 54955148, postcode: 201199. Reception time (Monday to Friday 9:00-11:00 am, 13:00-16:30, except legal holidays); 10. Baoshan administrative service center; address: judicial window on the second floor of Baoshan administrative service center, No.1 songbin Road (Tuesday 8:30-11:30, Thursday 13:30-16:30); Tel: (021) 56601949; postcode: 200940; 11. Administrative service center of Jiading District, address: window a03-a16, 1st floor, No. 118, Jiajian Road, Xincheng Road, Jiading District, Tel: (021) 39178717;12. Jinshan District Judicial Bureau; address: administrative examination and approval window, Lane 391, Jinyi East Road, Jinshan District, Shanghai; Tel: (021) 67968133 / (021) 67968135; postcode: 200540; 13. Songjiang District Administrative Service Center; address: window 56, Songjiang District administrative service center, 867-871 Ledu West Road; Tel: (021) 57821000 * 8056; postcode: 201600; 14. Qingpu District public legal service center; address: Hall on the first floor, 231 Qingsong Road (8:30-11:00 a.m. Monday); Tel: (021) 59723110; postcode: 201799; Qingpu District Judicial Bureau; room 1301, building 1, 231 Qingsong Road (Tuesday to Friday, 8:30-11:00 and 13:30-17:30); telephone (021) 59723122; 15. Fengxian District Judicial Bureau; address: lugongke, No. 139, Weixiang Road, Nanqiao town; Tel: (021) 57184576; postcode: 201400; 16. Chongming District Judicial Bureau; address: room 1016, building 2, No. 8188, Chongming Avenue, Chengqiao Town, Chongming District, Shanghai (Monday to Friday, 8:30-11:00 and 13:30-16:30); Tel: (021) 69610072; postcode: 202150.

Application receiving method - Online receiving:

http://test.xzxk.justice.gov.cn/zwdt/#/path/zwdt/accept?code=0284

Application receiving method - letter receiving: 1. Pudong New Area Judicial Bureau (administrative examination and approval acceptance window); address: Office C7, 3rd floor, No. 2, Hehuan Road, Pudong New Area, Shanghai; Tel: (021) 20585565; postcode: 200125; 2. Public legal service center of Xuhui District; address: window b01-b06, first floor, administrative service center, No. 969 Nanning Road, Caohejing street, Xuhui District; Monday to Friday: 9:00 a.m. - 16:30 p.m. (11:30-13:30 a.m.) (except for legal holidays) Tel: (021) 64865064; postcode: 200030; 3. Changning District public legal service center, address: Building 2, No. 112, Huayang Road, Changning District, Shanghai, Tel: 021-62260426, postcode: 200050; 4. Putuo District Administrative Service Center; address: window 22, district administrative service center, 602 Tongpu road; Tel: (021) 22234500; postcode: 200333; 5. Hongkou District public legal service center; address: administrative permission window, No. 3, 500 Guangling fourth road; Tel: 3536324965075010; postcode: 200434; 6. Yangpu District public legal service center; address: No. 583, Yangzhou road; Tel: (021) 55210089; postcode: 200082; 7. Huangpu District Administrative Service Center; address: window A09, second floor, Huangpu District administrative service center, 139 Julu Road (13:30-16:30 p.m. from Monday to Friday); Tel: (021) 63846699 * 108; postcode: 200020;8. Jingan District Administrative Service Center; address: public legal service center of Jingan District, 217 Yonghe Road (9:00-11:30 and 13:30-16:30 from Monday to Thursday); Tel: (021) 65213330; postcode: 200040; 9. Minhang District public legal service center: 392 Xintan Road, Tel: (021) 54955148, postcode: 201199. Reception time (Monday to Friday 9:00-11:00 am, 13:00-16:30, except legal holidays); 10. Baoshan administrative service center; address: judicial window on the second floor of Baoshan administrative service center, No.1 songbin Road (Tuesday 8:30-11:30, Thursday 13:30-16:30); Tel: (021) 56601949; postcode: 200940; 11. Administrative service center of Jiading District, address: window a03-a16, 1st floor, No. 118, Jiajian Road, Xincheng Road, Jiading District, Tel: (021) 39178717;12. Jinshan District Judicial Bureau; address: administrative examination and approval window, Lane 391, Jinyi East Road, Jinshan District, Shanghai; Tel: (021) 67968133 / (021) 67968135; postcode: 200540; 13. Songjiang District Administrative Service Center; address: window 56, Songjiang District administrative service center, 867-871 Ledu West Road; Tel: (021) 57821000 * 8056; postcode: 201600; 14. Qingpu District public legal service center; address: Hall on the first floor, 231 Qingsong Road (8:30-11:00 a.m. Monday); Tel: (021) 59723110; postcode: 201799; Qingpu District Judicial Bureau; room 1301, building 1, 231 Qingsong Road (Tuesday to Friday, 8:30-11:00 and 13:30-17:30); telephone (021) 59723122; 15. Fengxian District Judicial Bureau; address: lugongke, No. 139, Weixiang Road, Nanqiao town; Tel: (021) 57184576; postcode: 201400; 16. Chongming District Judicial Bureau; address: room 1016, building 2, No. 8188, Chongming Avenue, Chengqiao Town, Chongming District, Shanghai (Monday to Friday, 8:30-11:00 and 13:30-16:30); Tel: (021) 69610072; postcode: 202150.

Window receiving time:9:00-11:30 a.m. and 13:30-16:30 p.m. on weekdays (unless otherwise specified in the table above).

Community matters:

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Consultation Channel - window consultation: Receiving department of each district, Shanghai public legal service center (No. 470 xiaomuqiao Road).

Consultation Channel - telephone consultation: Receiving department of each district, Shanghai public legal service center (021) 53899700 (021) 12345

Consultation Channel – online consultation: http://sfj.sh.gov.cn

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Complaint channel window complaint: 1538 Zhongshan West Road, Xuhui District

Complaint channel - Telephone complaint: (021) 12345

Complaint channel - online complaint: http://sfj.sh.gov.cn

Correspondence address of the petition Office of the Municipal Bureau of Justice: 648 Jianguo West Road. Postal Code: 200030.

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Examples of common errors:1. Common mistakes: if the applicant does not come to submit the application materials in person, the copy of the trustees ID card on the power of attorney in the materials is not the same person. Correct practice: the trustee on the power of attorney should be the same person as the trustees ID card actually submitted.2. Common mistakes: applicants from other provinces and cities who re apply for lawyer practice in Shanghai have submitted their application materials before their own practice files are handed over. Right way: applicants can use the data platform of Shanghai lawyer management（justice.gov.cn ）After finding that the file transfer has arrived, they will submit the re application materials to the district judicial bureau where the law firm is located.3. Common mistakes: when permanent residents of Hong Kong and Macao Special Administrative Regions apply for lawyer practice, the identity documents submitted only provide the travel permit for Hong Kong and Macao residents. Correct practice: the original Hong Kong and Macao resident ID card should also be provided for verification during on-site verification.

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Application materials:

1.Application for administrative examination and approval

2.Shanghai lawyer practice application registration form

3. Identification

4. Proof materials without criminal punishment

5. Qualification and employment description

6. Legal professional qualification certificate

7. Qualification certificate of internship examination issued by the bar association of our city

8. Labor contract issued by the law firm to be practised