Article 1 These Provisions are formulated to standardize the legal consultation work of the State Administration of Foreign Exchange (hereinafter referred to as the SAFE) and facilitate domestic and foreign organs, organizations, enterprises, institutions and individuals to understand the laws and regulations on foreign exchange management in China. Article 2 The staff of foreign exchange bureaus and the units and individuals that provide legal advice to foreign exchange bureaus shall abide by these provisions. Article 3 The legal consultation of foreign exchange bureaus shall be under the centralized management of the Legal Department of the Policy and Regulation Department (hereinafter referred to as the Policy Department). Article 4 Legal questions can be consulted by appointment, letter or a combination of appointment and letter, and telephone consultation is generally not accepted. Article 5 Litigation and arbitration cases involving foreign exchange management may be negotiated by the parties or agents before entering the litigation or arbitration procedure; After entering the litigation or arbitration procedure, they generally only answer the inquiries of the judicial organ or arbitration organ that tried the case. Article 6 Accepting or replying to legal advice from institutions and their personnel in China, as well as foreign law firms and consulting companies, must be arranged by the office secretariat in advance, and it is not allowed to accept it privately. Article 7 The reply to legal opinions generally takes two forms: inquiry record and legal opinion.
The staff of the Law and Regulation Department of the Policy Department can answer the inquiry only after the consent of the competent director, and sign and affix the seal of the department on the inquiry record; Legal opinions issued shall be approved by the competent director of the Policy Department and countersigned by relevant business departments. For major cases, the consultation is generally answered in the form of legal opinions, which can only be issued after the approval of the competent director. The legal opinions signed and sealed by other units and individuals in the bureau or issued by them have no legal effect. Article 8 When replying to relevant legal advice, the Legal and Regulatory Department of the Policy Division may ask the staff of relevant business offices for assistance or reply. Article 9 Legal consultation shall abide by the confidentiality provisions. Article 10 The staff of the Regulation Department of the Policy Department shall answer questions reasonably and legally according to the provisions of relevant laws, regulations and rules. When answering the consultation, the consultant is generally required to provide the true materials of the questions asked. Article 11 These Provisions shall come into force as of the date of approval.