What are the dossiers for setting up a foreign law firm in Vietnam? What is the time limit for granting an operation registration paper to a foreign law firm in Vietnam?
What are the conditions for practicing of foreign law-practicing organizations in Vietnam?
Pursuant to Article 68 of the 2006 Law on Lawyers in Vietnam (amended by Clause 25, Article 1 of the 2012 Law on Amendments to Law on Lawyers) stipulating the conditions for practicing of foreign law-practicing organizations in Vietnam:
Conditions for practicing of foreign law-practicing organizations
The foreign law-practicing organizations that have been established and practicing legally overseas may practice in Vietnam as prescribed by this Law when the following conditions are satisfied:
1. Committed to comply with the Constitution and the law of the Socialist Republic of Vietnam;
2. Committed to have at least two foreign lawyers, including the branch manager, the director of the foreign law firm who is present and practicing in Vietnam at least 183 days in consecutive 12 months;
3. The branch manager and the director of the foreign law firm in Vietnam must have at least 02 consecutive years of experience in law practicing.
Thus, the conditions for practicing of foreign law-practicing organizations in Vietnam include the conditions mentioned above.
What are the dossiers for setting up a foreign law firm in Vietnam? What is the time limit for granting an operation registration paper to a foreign law firm in Vietnam? (Image from the Internet)
What are the dossiers for setting up a foreign law firm in Vietnam?
Pursuant to the provisions of Article 78 of the 2006 Law on Lawyers in Vietnam on the grant of permits for setting up of branches or foreign law firms as follows:
Grant of permits for setting up of branches or foreign law firms
1. Foreign law-practicing organizations shall compile dossiers for setting up branches or foreign law firms and send them to the Justice Ministry. Within 60 days after receiving a complete dossier and a fee, the Justice Ministry shall consider and grant a permit for setting up a branch or foreign law firm; in case of refusal, it shall notify it in writing to the applicant.
A permit for setting up a branch or foreign law firm takes effect on the date of its signing.
2. A dossier for setting up a branch comprises:
a/ An application for setting up a branch;
b/ A copy of the paper proving the lawful establishment of the foreign law-practicing organization, issued by a foreign competent agency or organization;
c/ A written introduction of the operations of the foreign law-practicing organization;
d/ A list of foreign lawyers expected to work at the branch;
e/ A decision on nomination of a lawyer to be the chief of the branch.
3. A dossier for setting up a foreign law firm comprises:
a/ An application for setting up a foreign law firm;
b/ A copy of the paper proving the lawful establishment of the foreign law-practicing organization, issued by a foreign competent agency or organization; a copy of the operation registration certificate of the Vietnamese law-practicing organization, for a joint venture;
c/ A written introduction of the operations of the foreign law-practicing organization; a written introduction of the operations of the Vietnamese law-practicing organization, for a joint venture;
d/ A list of foreign lawyers expected to work at the firm; a list of Vietnamese lawyers expected to work at the firm, enclosed with copies of their law practice certificates and lawyer's cards;
e/ A draft charter of the foreign law firm; the joint-venture contract, for a joint venture.
4. The charter of a foreign law firm has the following principal contents:
a/ Names, addresses of its head-office and branches; name, address and competent representative of the foreign law-practicing organization.
b/ Domains of law practice of the foreign law firm;
c/ Rights, obligations, responsibilities and relationships of member lawyers of the foreign law firm;
d/ The organizational and managerial structure of the foreign law firm;
e/ The at-law representative of the foreign law firm;
f/ The operation term and conditions for termination of operations of the foreign law firm;
g/ The mode of amendment and supplementation of the charter of the foreign law firm.
Thus, based on the above provisions, the dossier for setting up a foreign law firm in Vietnam includes:
- An application for setting up a foreign law firm;
- A copy of the paper proving the lawful establishment of the foreign law-practicing organization, issued by a foreign competent agency or organization; a copy of the operation registration certificate of the Vietnamese law-practicing organization, for a joint venture;
- A written introduction of the operations of the foreign law-practicing organization; a written introduction of the operations of the Vietnamese law-practicing organization, for a joint venture;
- A list of foreign lawyers expected to work at the firm; a list of Vietnamese lawyers expected to work at the firm, enclosed with copies of their law practice certificates and lawyer's cards;
- A draft charter of the foreign law firm; the joint-venture contract, for a joint venture.
What is the time limit for granting an operation registration paper to a foreign law firm in Vietnam?
According to Article 79 of the 2006 Law on Lawyers in 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 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.
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