What is the dossier on the establishment of branches of foreign law firms in Vietnam?
- What is the dossier on the establishment of branches of foreign law firms in Vietnam?
- What is the time limit for registration of operations of branches of foreign law firms in Vietnam?
- If a branch of a foreign law firm in Vietnam wishes to change the branch name of the establishment permit, does it have to submit an application to the Ministry of Justice?
What is the dossier on the establishment of branches of foreign law firms in Vietnam?
According to Article 81 of the 2006 Law on Lawyers of Vietnam on branches of foreign law firms in Vietnam as follows:
Branches of foreign law firms in Vietnam
1. A Vietnam-based foreign law firm may set up branches inside and outside the province or centrally-run city where it registers its operations.
2. Branches are dependent units of foreign law firms in Vietnam, performing tasks under the latter's authorization in the professional practice domains as stated in the latter's establishment permits.
3. Vietnam-based foreign law firms shall bear responsibility for the operations of their branches.
4. Vietnam-based foreign law firms shall compile and send dossiers on the establishment of branches to the Justice Ministry. Within 30 days after receiving a complete dossier and fee, the Justice Ministry shall consider and grant a branch-establishment permit. If refusing to grant such a permit, it shall notify the applicant thereof in writing.
5. A dossier on the establishment of a branch comprises:
a/ An application for establishment of a branch;
b/ A copy of the establishment permit of the foreign law firm;
c/ A written authorization for a lawyer to be the chief of the branch;
d/ A copy of the professional practice certificate of the lawyer authorized to be the chief of the branch;
e/ A paper proving the branch's head-office.
6. Within 10 working days after receiving a permit for establishment of a branch, the concerned foreign law firm shall register operations of that branch with the provincial/municipal Justice Service of the locality where its branch is located.
Thus, based on the above provisions, the dossier on the establishment of a branch comprises:
- An application for establishment of a branch;
- A copy of the establishment permit of the foreign law firm;
- A written authorization for a lawyer to be the chief of the branch;
- A copy of the professional practice certificate of the lawyer authorized to be the chief of the branch;
- A paper proving the branch's head-office.
What is the dossier on the establishment of branches of foreign law firms in Vietnam? (Image from the Internet)
What is the time limit for registration of operations of branches of foreign law firms in Vietnam?
Pursuant to Article 79 of the 2006 Law on Lawyers of Vietnam on registration of operations of branches and foreign law firms as follows:
Registration of operations of branches and foreign law firms
1. Within 60 days after being granted establishment permits, branches or foreign law firms shall register their operations at provincial/municipal Justice Services of the localities where they are headquartered.
2. An operation registration dossier comprises:
a/ A copy of the permit for establishment of a branch or foreign law firm;
b/ A paper proving its head-office.
3. Within 10 working days after receiving a complete dossier, the provincial/municipal Justice Service shall grant an operation registration paper to the concerned branch or foreign law firm.
A branch or foreign law firm shall operate from the date it is granted the operation registration paper.
Thus, according to regulations, within 60 days after being granted establishment permits, branches or foreign law firms shall register their operations at provincial/municipal Justice Services of the localities where they are headquartered.
If a branch of a foreign law firm in Vietnam wishes to change the branch name of the establishment permit, does it have to submit an application to the Ministry of Justice?
According to Article 80 of the 2006 Law on Lawyers of Vietnam on the changes in contents of establishment permits or operation registration permits of branches or foreign law firms as follows:
Changes in contents of establishment permits or operation registration permits of branches or foreign law firms
1. A branch or foreign law firm which wishes to change one of the following contents of its establishment permit must file an application with the Justice Ministry and may make such a change only after getting the latter's approval:
a/ The name of the branch or foreign law firm;
b/ The relocation of the office from one province or centrally run city to another;
c/ The chief of the branch or the director of the foreign law firm;
d/ The professional practice domains.
Within 30 days after receiving the application for changes, the Justice Ministry shall consider and issue written approval; in case of disapproval, it shall notify it in writing to the applicant.
2. Within 30 days after receiving a written approval of changes in its establishment permit, the branch or foreign law firm must register those changes with the provincial/municipal Justice Service of the locality where it is headquartered; in case of relocation of its head-office as prescribed at Point b, Clause 1 of this Article, it shall also notify such in writing to the provincial/municipal Justice Service of the locality where its old head-office is located.
3. In case of changes in the contents of its operation registration paper, a branch or foreign law firm shall be re-granted that paper.
4. When relocating its head-office within a province or centrally run city, a branch or foreign law firm shall, within 10 working days after deciding on the relocation, notify in writing the provincial/municipal Justice Service of the locality where it has registered its operations.
Thus, according to regulations, a branch or foreign law firm which wishes to change one of the following contents of its establishment permit must file an application with the Justice Ministry and may make such a change only after getting the latter's approval.
LawNet
