Are members of a law firm required to be a lawyer? What are the conditions for establishing law-practicing organizations in Vietnam?
What are the forms law-practicing organizations, the conditions for establishing law practicing organizations in Vietnam?
According to the provisions of Article 32 of the 2006 Law on Lawyers in Vietnam (amended by Clause 15, Article 1 of the 2012 Law on Amendments to Law on Lawyers) on the forms law-practicing organizations, the conditions for establishing law-practicing organizations as follows:
The forms law-practicing organizations, the conditions for establishing law-practicing organizations
1. Law-practicing organizations include:
a) Lawyer’s offices;
b) Law firms
2. Law-practicing organizations are organized and operated as prescribed in this Law and relevant laws.
3. Conditions for establishing a law-practicing organization:
a) The lawyers that establish or participate in the establishment of a law-practicing organization must work for at least two consecutive years under labor contracts for a law-practicing organization, or work as independent lawyers under labor contracts for a organization as prescribed in this Law;
b) The law-practicing organization must have an office.
4. A lawyer may only establish or participate in the establishment of a law-practicing organization. When lawyers from various bar associations participate in the establishment of a law firm, that law firm may be established and registered at one of the locality in which the bar association of one of these lawyers is situated.
5. Within 30 days as from the date of issue of the certificate of registration, the lawyers that establish or participate in the establishment of the law-practicing organization, that are not members of the bar association where the law-practicing organization is situated, must join the such bar association as prescribed in Article 20 of this Law.
Thus, law-practicing organizations include:
- Lawyer’s offices;
- Law firms
Conditions for establishing a law-practicing organization:
- The lawyers that establish or participate in the establishment of a law-practicing organization must work for at least two consecutive years under labor contracts for a law-practicing organization, or work as independent lawyers under labor contracts for a organization as prescribed in this Law;
- The law-practicing organization must have an office.
Are members of a law firm required to be a lawyer? What are the conditions for establishing law practicing organizations in Vietnam?
Are members of a law firm required to be a lawyer? Is the legal representative of the law firm a lawyer?
Pursuant to the provisions of Clauses 1 and 3, Article 34 of the 2006 Law on Lawyers in Vietnam on law firms as follows:
Law firms
1. Law firms include law partnerships and limited liability law firms. Law firms' members must be lawyers.
2. A law partnership must be set up by at least two lawyers. Law partnerships do not have capital-contributing members.
3. Limited liability law firms include limited liability law firms with two or more members and one-member limited liability law firms.
A limited liability law firm with two or more members must be set up by at least two lawyers.
A one-member limited liability law firm is set up by one lawyer who is also the owner of the firm.
4. Members of a law partnership or limited liability law firm with two or more members shall reach agreement to nominate one of them to be the firm's director. The lawyer who owns a one-member limited liability law firm is the firm's director.
5. The names of law partnerships or limited liability law firms with two or more members shall be selected and agreed upon by all members; the names of one-member limited liability law firms shall be selected by the firms' owners in accordance with the Enterprise Law, which, however, must contain the phrase "cong ty luat hop danh" (law partnership) or "cong ty luat huu han" (limited liability law firm), must not be identical to, or cause confusion with, the names of other 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.
Thus, the law stipulates that a member of a law firm must be a lawyer. At the same time, the legal representative of a two-member limited liability law firm must be a lawyer and a member of this law firm.
How does a law-practicing organization register to operate?
Pursuant to Article 35 of the 2006 Law on Lawyers in Vietnam on registration of operations of law-practicing organizations as follows:
- A law-practicing organization shall register its operations at the provincial/municipal Justice Service of the locality where exists the bar association of which the chief of the lawyer's office or the director of the law firm is a member. A law firm jointly set up by lawyers of different bar associations shall register its operations at the provincial/municipal Justice Service of the locality where the firm is based.
- Law-practicing organizations shall send operation registration dossiers to the provincial/municipal Justice Services. Such a dossier comprises:
+ A written request for operation registration, made according to a set form;
+ A draft charter of the law firm;
+ Copies of the law practice certificate and lawyer's card of the lawyer who sets up the lawyer's office, sets up or joins in setting up the law firm.
+ Papers evidencing the headquarters of the law-practicing organization.
- Within 10 working days after receiving a complete dossier, the provincial/municipal Justice Service shall grant an operation registration paper to the law-practicing organization; in case of refusal, it shall give written notice, clearly stating the reasons therefor and the person who is not granted that paper may lodge a complaint in accordance with law.
- A law-practicing organization may start operation on the date it is granted the operation registration paper.
Within 7 working days after being granted the operation registration paper, the chief of the lawyer's office or the director of the law firm shall give a written notice together with a copy of the operation registration paper to the bar association of which he/she is a member.
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