Departments, bureaus, offices, hospitals, streets, towns and institutions:
The "Administrative Measures for the Employment of Perennial Legal Advisers in Guangzhou Development Zone and Luogang District of Guangzhou" was discussed and passed at the106th executive meeting of Guangzhou Development Zone Management Committee and Luogang District Government on June 2, 2002, and is hereby printed and distributed to you. Please observe it carefully. If you encounter problems in the implementation process, please report them to the Legislative Affairs Office of the Radiation Zone.
20 10 October 26th
Perennial Legal Adviser, Luogang District, Guangzhou Development Zone
Employment management measures
Article 1 These Measures are formulated for the purpose of regulating the employment of perennial legal advisers in Guangzhou Economic and Technological Development Zone, Guangzhou High-tech Industrial Development Zone, Guangzhou Export Processing Zone, Guangzhou Bonded Zone Administrative Committee, and various departments of Luogang District Government of Guangzhou and district-owned institutions (hereinafter referred to as district-owned administrative institutions), effectively utilizing government legal adviser resources, improving service quality and work efficiency, promoting administration according to law, and building a government ruled by law.
Article 2 These Measures shall apply to the district-level administrative institutions that implement the perennial legal adviser system.
Sub-district offices and town governments may employ perennial legal advisers with reference to these measures.
Third district administrative agencies are specifically responsible for the management of perennial legal advisers.
The legal institution of the district government is responsible for organizing, guiding and supervising the employment of perennial legal advisers by district-owned administrative institutions.
The district judicial administrative department is responsible for the guidance and supervision of law firms and lawyers who provide legal advisory services for district-owned administrative institutions.
Article 4 The principle of fairness, openness, competition and merit selection shall be followed when hiring perennial legal counsel. Need to perform government procurement procedures, by the district-level administrative agencies or district government procurement supervision departments to hire perennial legal counsel in accordance with the provisions and procedures of government procurement for unified procurement.
Article 5 District administrative agencies shall sign written perennial legal consultation contracts with law firms that provide legal consultation services all the year round. The employment period is one year, and it may not exceed two years under special circumstances, and the employment may be renewed upon expiration.
A perennial legal consultant contract shall include the following main contents: the basic information of both parties, the rights and obligations of both parties, the amount and payment method of remuneration, the liability for breach of contract, the effective time and validity period of the contract and other matters.
Article 6 After signing a contract with a law firm that provides perennial legal counsel services in accordance with relevant conditions and procedures, a district administrative institution shall submit the basic information of perennial legal counsel and the official employment contract to the Legislative Affairs Office of the district government and the District Judicial Bureau for the record.
In principle, the cost of hiring perennial legal counsel by administrative institutions shall be charged from the daily public funds of the budget unit. If it is really necessary for the unit to arrange special funds, the District Finance Bureau will consider arranging special funds depending on the daily public funds of the unit. The District Finance Bureau shall check the filing of legal consultant contracts when auditing the funds of various administrative institutions.
Article 7 A law firm that provides legal advisory services to district-owned administrative institutions all the year round shall meet the following conditions:
(1) A law firm established in accordance with the Lawyers Law of People's Republic of China (PRC), which has been established for more than 10 years and has a permanent service office in Guangzhou;
(2) The service institution in Guangzhou must have more than 10 practicing lawyers, of which at least 5 have more than 10 practicing experience;
(3) The law firm and its practicing lawyers have not been subjected to administrative punishment by the judicial administrative department or industrial punishment by the lawyers' association in recent three years.
District administrative institutions may, according to the specific requirements of their own departments and units, stipulate additional conditions.
In line with the above conditions, a written certificate shall be issued by the judicial administrative department.
Article 8 A law firm shall meet the following conditions when hiring a practicing lawyer who provides perennial legal consulting services:
(a) abide by the Constitution, laws and regulations, with high political quality and good professional ethics;
(two) graduated from law, with more than 8 years of practice experience;
(3) It has not been punished by the judicial administrative department or by the bar association;
(four) other conditions determined by the district administrative agencies.
Article 9 The main scope of work of practicing lawyers who provide perennial legal advisory services to regional administrative agencies includes:
(a) to provide legal advice for major decisions;
(two) to participate in the formulation of normative documents and provide legal advice;
(3) Providing legal services, consultation and argumentation opinions for legal affairs such as litigation and arbitration involving regional administrative agencies;
(four) to participate in the negotiation of major economic projects signed by regional administrative agencies, and to draft, modify and review important legal documents such as major economic contracts on behalf of regional administrative agencies;
(five) to assist the district administrative agencies to carry out legal publicity and education;
(six) to handle other legal affairs entrusted by the district administrative agencies.
When a legal adviser participates in handling the legal affairs of a consulting unit, he shall issue a written legal opinion and be responsible for the legal opinion.
Article 10 A law firm that provides legal consulting services all the year round and its practicing lawyers shall perform the following obligations:
(a) keep state secrets and work secrets;
(two) diligent, safeguard the image, reputation and legitimate rights and interests of government departments;
(three) to carry out work according to law within the scope of authority agreed in the contract and granted by the district administrative institutions, and not to engage in matters unrelated to the responsibilities of the consultant in the name of the government legal adviser;
(four) interested in matters assigned by the district administrative agencies, it shall apply for withdrawal;
(five) without approval, it is not allowed to issue opinions on the handling of government legal affairs;
(6) Other obligations that should be performed according to the agreement.
Eleventh district administrative institutions are responsible for the selection, liaison, coordination and management of practicing lawyers who provide legal advisory services for their departments and units all the year round:
(a) responsible for consulting with the law firm that signed the perennial legal consulting service contract to determine the practicing lawyer;
(two) responsible for the daily contact with practicing lawyers;
(3) Organizing and arranging practicing lawyers to handle various legal affairs, and demonstrating major decisions made by departments and units;
(4) Providing necessary assistance for the work of practicing lawyers;
(5) Synthesizing, studying and handling the opinions and suggestions of practicing lawyers, etc.
Twelfth district administrative institutions shall establish the supervision and management, performance appraisal and other mechanisms for the perennial legal advisers of their own departments and units. At the end of each year, the main situation of the annual work of the legal adviser hired by this department and the evaluation of the annual work of the legal adviser by this department shall be reported to the Legislative Affairs Office of the district government and the District Judicial Bureau for the record.
Article 13 Where a law firm or practicing lawyer violates the law, discipline or dereliction of duty in the process of providing legal advisory services, the employing department or unit shall promptly notify the judicial administrative department, which shall deal with the law firm and lawyer, and at the same time require the law firm to change the practicing lawyer or terminate the legal advisory service relationship in time, investigate the relevant responsibilities, and report to the legal institution of the district government for the record.
Article 14 These Measures shall come into force as of the date of promulgation and shall be valid for 3 years. After the expiration of the validity period, it will be evaluated and revised according to the implementation. Before the implementation of these measures, the unit that has hired legal counsel and whose contract has not expired, if it does not meet the relevant provisions of these measures, should negotiate with the law firm to solve it. After the expiration of the contract, it shall be implemented in accordance with the provisions of these measures.