State Economic and Trade Commission, Organization Department, Enterprise Work Committee and Financial Work Committee of the Central Committee of the Communist Party of China, Ministry of Personnel, Ministry of Justice and State Council Legal Office, Pilot Work of Developing a General Legal Consulting System for Key State Enterprises Guiding Opinion

国家经济贸易委员会、中共中央组织部、中共中央企业工作委员会、中共中央金融工作委员会、人事部、司法部、国务院法制办公室关于在国家重点企业开展企业总法律顾问制度试点工作的指导意见

October 31, 2002 | BY

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Issued: July 18 2002Effective: Implementation of the pilot work will begin in October 2002.Main contents: This opinion commits State enterprises and governmental…

Clp Reference: 1440/02.07.18 Promulgated: 2002-07-18 Effective: 2002-10-01

Issued: July 18 2002
Effective: Implementation of the pilot work will begin in October 2002.

Main contents: This opinion commits State enterprises and governmental departments to working together to establish a legal consulting system to provide internal legal services for key state enterprises on an experimental basis. This legal consulting system is one part of enterprise reform meant to improve the competitive advantage of State enterprises in order to cope with the coming challenges after China's accession to the World Trade Organization. The enterprise legal consultant shall report directly to the enterprise legal representative or the major operator (Section One).
The opinion lays out the requirements for the personnel to be involved in this legal consulting system and their major responsibilities (Sections Four and Five). These responsibilities include: issuing legal opinions; guaranteeing the legality of the activities of an enterprise; managing of contracts; commercial negotiations; intellectual property issues; industrial and commercial management; bidding; restructuring and reorganization; litigation; arbitration; setting up legal consulting organs within enterprises; enterprise legal education and training; and correcting legal violations (Section Five).

clp reference:1440/02.07.18promulgated:2002-07-18effective:2002-10-01

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