What are the conditions on establishing a legal consultancy center in Vietnam? What is the dossier on registration of operation of a legal consultancy center in Vietnam?
What are the conditions on establishing a legal consultancy center in Vietnam?
According to the provisions of Article 5 of Decree No. 77/2008/ND-CP on the conditions on establishing a legal consultancy center as follows:
Conditions on establishing a legal consultancy center
1. Having at least two legal consultants, or one legal consultant and one lawyer working as a law practitioner under an employment contract, or two lawyers working as law practitioners under employment contracts.
2. Having a working office.
Thus, in order to establish a legal consultancy center, it is necessary to meet the above conditions.
In addition, based on the provisions of Article 12 of Decree No. 77/2008/ND-CP on the establishment of legal consultancy centers as follows:
(1) Managing organizations shall issue decisions on establishment of legal consultancy centers. A decision on establishment of a legal consultancy center must be signed by the head of the managing organization and contain the following details:
- Name of the legal consultancy center:
- Objectives and tasks of the legal consultancy center;
- Domain(s) of operation of the legal consultancy center.
(2) Socio-political organizations, socio-politico- professional organizations and socio-professional organizations at the central or branch level may establish legal consultancy centers throughout the country.
Socio-political organizations, socio-politico-professional organizations and socio-professional organizations at the provincial or district level may establish legal consultancy centers in their respective localities.
Training establishments and research institutes specialized in the legal domain may establish legal consultancy centers within provinces or centrally run cities where they are headquartered.
(3) Names of legal consultancy centers must consist of the phrase "Trung tâm tư vấn pháp luật" (legal consultancy center) and the names of their managing organizations. In case a managing organization establishes two or more legal consultancy centers, these centers' names must be distinct from one another.
What are the conditions on establishing a legal consultancy center in Vietnam? What is the dossier on registration of operation of a legal consultancy center in Vietnam? (Image from the Internet)
What is the dossier on registration of operation of a legal consultancy center in Vietnam?
According to Article 13 of Decree No. 77/2008/ND-CP (amended by Clause 1, Article 4 of Decree No. 05/2012/ND-CP) on registration of operation of legal consultancy centers are as follows:
Registration of operation of legal consultancy centers
1. Legal consultancy centers shall register their operation with provincial-level Justice Services of localities where they are headquartered.
An operation registration dossier comprises:
a/ An application form for operation registration;
b/ The managing organization's decisions on establishment and appointment of its director;
c/ The draft organization and operation regulation of the legal consultancy center promulgated by the managing organization:
d/ A list of persons proposed for grant of legal consultant cards and lawyers working under employment contracts for the center, enclosed with their dossiers;
e/ Written certification of the legal consultancy center's working office.
2. Within seven working days after receiving complete and valid dossiers, provincial-level Justice Services shall grant operation registration certificates to legal consultancy centers. In case of refusal, they shall notify the reason(s) for the refusal to the applicant.
3. When granting operation registration certificates to legal consultancy centers, provincial-level Justice Services shall concurrently grant legal consultant cards to persons who fully satisfy the conditions specified in Clause 1, Article 19 of this Decree.
The Justice Ministry shall set the forms of operation registration certificate and legal consultant card.
Thus, an operation registration dossier comprises:
- An application form for operation registration;
- The managing organization's decisions on establishment and appointment of its director;
- The draft organization and operation regulation of the legal consultancy center promulgated by the managing organization:
- A list of persons proposed for grant of legal consultant cards and lawyers working under employment contracts for the center, enclosed with their dossiers;
- Written certification of the legal consultancy center's working office.
What rights and obligations does a legal consulting center have?
Pursuant to Article 8 of Decree No. 77/2008/ND-CP stipulating the rights and obligations of legal consultancy centers:
- Legal consultancy centers have the following rights:
+ To handle cases within the scope specified in Article 7 of this Decree;
+ To request agencies and organizations to supply information on matters related to rights and legitimate interests of individuals and organizations that have requested legal consultancy;
+ To propose to state agencies matters related to rights and legitimate interests of individuals and organizations that have requested legal consultancy.
- Legal consultancy centers have the following obligations:
+ To comply with the provisions of this Decree and relevant legal documents on lawyers and legal aid;
+ To take responsibility for employing their legal consultants, lawyers, legal consultancy collaborators;
+ To send to Justice Services of provinces or centrally run cities (below referred to as provincial-level Justice Services) where they are headquartered and to their managing organizations annual reports or extraordinary reports on their organization and operation when requested by these services or organizations;
+ To pay compensations for damage caused by faults of their legal consultants, lawyers or legal consultancy collaborators while providing legal consultancy.
LawNet
