Is a lawyer's office in Vietnam required to apply for re-issuance of an operation registration certificate in case of changing its legal representative?
- How many legal representatives does a lawyer's office in Vietnam have?
- Is a lawyer's office in Vietnam required to apply for re-issuance of an operation registration certificate in case of changing its legal representative?
- In Vietnam, is the Department of Justice required to notify the Bar Association of the locality where the lawyer's office is headquartered of the change in the contents of operation registration of the lawyer's office?
How many legal representatives does a lawyer's office in Vietnam have?
Under Article 33 of the Law on Lawyers 2006:
Lawyer's office
1. A lawyer's office set up by a lawyer is organized and operates in the form of a sole proprietorship.
The lawyer who sets up a lawyer's office is the chief of the office and takes charge of fulfilling all the office's obligations with all his/her property. The chief of an office is the office's legal representative.
2. The name of a lawyer's office is selected by the lawyer according to the provisions of the Enterprise Law but must contain the phrase "van phong luat su" (lawyer's office), must not be identical to, or cause confusion with, the names of registered law-practicing organizations and must not contain words, phrases or symbols against the historical, cultural or ethical traditions as well as fine customs of the nation.
3. A lawyer's office has its own seal and account as provided for by law.
According to the above provisions, a lawyer's office set up by a lawyer is organized and operates in the form of a sole proprietorship. In addition, the chief of the office is the legal representative of the lawyer's office.
Thus, the lawyer's office has only one legal representative - the chief of the lawyer's office.
Is a lawyer's office in Vietnam required to apply for re-issuance of an operation registration certificate in case of changing its legal representative?
Under Clause 2 and Clause 3, Article 11 of Decree 123/2013/ND-CP:
Changes in the legal representatives of law-practicing organizations
...
2. The legal representative of a lawyer's office or a single-member limited liability law firm must be a lawyer being the owner of the lawyer's office or the law firm.
The lawyer's office or a single-member limited liability law firm changing the legal representative shall submit an application to the Department of Justice where it is based, within 10 days since the date of having decision on changing. An application is comprised of:
a) A request for changing the legal representative;
b) The operation registration certificate of the lawyer's office or the single-member limited liability law firm;
c) A written agreement between the former legal representative and the lawyer expected to be the new legal representative regarding the implementation of obligations and rights of the lawyer's office or the law firm;
d) Surname, name, number and issuing date of the lawyer card of the lawyer expected to be the new legal representative.
Procedures for changing legal representative of lawyer's offices, single-member limited liability law firms shall comply with Article 36 of the Law on Lawyers.
3. Within 05 working days, from the date of receiving valid applications, the Department of Justices shall re-issue the operation registration certificate for law-practicing organizations, stating clearly contents of changing legal representative; in cases of refusals, there must be written notices stating clearly reasons.
According to the above provisions, a lawyer's office changing its legal representative, within 10 days from the date of the decision on the change, must send the application to the provincial-level Department of Justice of the locality where it registers its operation.
Within 05 working days from the date of receipt of a complete and valid application, the provincial-level Department of Justice shall re-issue the operation registration certificate to the lawyer's office, clearly stating the change of legal representative; in case of refusal, it must notify in writing and clearly state the reason.
Thus, the lawyer's office must apply for re-issuance of the operation registration certificate in case of changing its legal representative.
In Vietnam, is the Department of Justice required to notify the Bar Association of the locality where the lawyer's office is headquartered of the change in the contents of operation registration of the lawyer's office?
According to Clause 1, Article 37 of the Law on Lawyers 2006:
Provision of information on contents of operation registration by law-practicing organizations
1. Within 7 working days after issuing an operation registration certificate or changing the contents of operation registration of a law-practicing organization, the provincial/municipal Department of Justice shall notify such in writing to the tax office, the statistical office, other competent state agencies and the People's Committee of the district, provincial town or city, the People's Committee of the commune, ward or township and the bar association in the locality where the concerned law-practicing organization is headquartered.
2. Organizations and individuals may request provincial/municipal Departments of Justice to provide information on operation registration contents of law-practicing organizations, issue copies of operation registration certificates, certify changes in operation registration contents or extract those contents of law-practicing organizations and shall pay fees in accordance with law.
3. Provincial/municipal Departments of Justice shall provide in a timely manner all information on operation registration contents of law-practicing organizations at the request of organizations or individuals specified in Clause 2 of this Article.
Thus, within 7 working days after changing the contents of operation registration of a lawyer's office, the Department of Justice must notify in writing the Bar Association where the lawyer's office is headquartered.
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