File, procedures for converting foreign law firms into Vietnamese law firms are regulated as follows?
How to convert a foreign law firm into a Vietnamese law firm?
Based on the regulations in Subsection 13, Part 1 of the Administrative Procedures issued together with Decision 1401/QD-BTP of 2022, the procedure for converting a foreign law firm into a Vietnamese law firm is guided as follows:
- 100% foreign-owned limited liability law firms, limited liability law firms under joint venture form, and law partnerships between a foreign law practice organization and a Vietnamese law partnership (hereinafter referred to collectively as foreign law firms) can be converted into Vietnamese law firms based on inheriting all rights and obligations of the foreign law firm.
- The dossier for converting a foreign law firm into a Vietnamese law firm is to be sent to the headquarters of the Ministry of Justice.
Method of implementation: Submit the dossier directly or via the postal system to the headquarters of the Ministry of Justice.
- Time limit for resolution: Within 30 days from the date of receiving a complete and valid dossier.
Procedures and dossiers for converting foreign law firms into Vietnamese law firms are regulated as follows (Image from the Internet)
What does the dossier for converting a foreign law firm into a Vietnamese law firm include?
Based on the regulations in Subsection 13, Part 1 of the Administrative Procedures issued together with Decision 1401/QD-BTP of 2022, the dossier for converting a foreign law firm into a Vietnamese law firm includes:
- Application letter for conversion from the foreign law firm;
- Conversion agreement between the foreign law firm and the Vietnamese partner, clearly stating the Vietnamese partner's commitment to inherit all rights and obligations of the converted foreign law firm;
- Draft Charter of the Vietnamese law firm;
- List of members or owner lawyers of the Vietnamese law firm; copies of the Lawyer Cards of the owner lawyer or member lawyers of the Vietnamese law firm;
- Establishment license of the converted foreign law firm.
What are the conditions for converting a foreign law firm into a Vietnamese law firm?
Based on the regulations in Subsection 13, Part 1 of the Administrative Procedures issued together with Decision 1401/QD-BTP of 2022, the requirements and conditions for the conversion procedure are specified as follows:
Requirements and conditions for administrative procedures:
The name of the converted Vietnamese law firm must comply with Clause 5, Article 34 of the Law on Lawyers and must not duplicate the name of the converted foreign law firm.
Referring to Article 34 of the Law on Lawyers 2006, it is stipulated as follows:
Law Firms
1. Law firms include law partnerships and limited liability law firms. Members of a law firm must be lawyers.
2. A law partnership is established by at least two lawyers. A law partnership does not include capital-contributing members.
3. Limited liability law firms include limited liability law firms with two or more members and limited liability law firms with one member.
A limited liability law firm with two or more members is established by at least two lawyers.
A limited liability law firm with one member is established and owned by a lawyer.
4. Members of a law partnership, limited liability law firms with two or more members agree to appoint one member as the Director of the firm. The lawyer owning a limited liability law firm with one member is the Director of the firm.
5. The name of a law partnership, limited liability law firm with two or more members is agreed upon by the members, and the name of a limited liability law firm with one member is chosen by the owner in accordance with the Enterprise Law, but it must include the phrase "law partnership" or "limited liability law firm", must not duplicate or cause confusion with the names of other registered law practice organizations, and must not use words or symbols that violate national historical, cultural, ethical, or traditional values.
According to the above regulations, the requirements and conditions for converting a foreign law firm into a Vietnamese law firm are as follows:
The name of the converted Vietnamese law firm must comply with the following regulations:
- The name of a law partnership, limited liability law firm with two or more members is agreed upon by the members, and the name of a limited liability law firm with one member is chosen by the owner in accordance with the Enterprise Law, but it must include the phrase "law partnership" or "limited liability law firm", must not duplicate or cause confusion with the names of other registered law practice organizations, and must not use words or symbols that violate national historical, cultural, ethical, or traditional values.
- Must not duplicate the name of the converted foreign law firm.
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