What are the procedures for registration of operations of a law firm in Vietnam?
What are the procedures for registration of operations of a law firm in Vietnam?
The procedures for registration of operations of a law firm are regulated in Article 8 of Decree 123/2013/ND-CP as follows:
Registration of operations of a law practice organization
1. The procedures for registration of operations of a law practice organization shall be carried out in accordance with the provisions of Article 35 of the Law on Lawyers.
2. The certificate of registration of operations of a law practice organization shall be made in 02 copies; one copy shall be granted to the law practice organization, and one copy shall be kept at the Department of Justice.
3. Within 07 working days from the date of issuance of the certificate of registration of operations to the law practice organization, the Department of Justice shall notify in writing to the tax authority, the statistical authority, other competent state agencies, the People’s Committee of the district, ward, commune, and the Bar Association where the law practice organization is headquartered.
4. The law practice organization shall pay a registration fee at the business registration fee rate applicable to enterprises.
5. After being granted the certificate of registration of operations, the law practice organization may engrave and use its own seal in accordance with the law on management and use of seals.
According to Clause 1, Article 8 of Decree 123/2013/ND-CP mentioned above, the registration of operations of a law office is carried out according to the procedures specified in Article 35 of the Law on Lawyers 2006 as follows:
Registration of operations of a law practice organization
1. A law practice organization registers its operations at the Department of Justice of the locality where the Bar Association to which the head of the law office or the director of the law firm belongs is located. A law firm established by lawyers from different Bar Associations shall register its operations at the Department of Justice of the locality where the firm is headquartered.
2. A law practice organization must submit an application file for registration of operations to the Department of Justice. The application file for registration of operations of a law practice organization includes:
a) An application form for registration of operations according to a unified form;
b) A draft charter of the law firm;
c) A copy of the Lawyer’s Practice Certificate, a copy of the Lawyer’s Card of the lawyer establishing the law office, and a copy of the Lawyer’s Practice Certificate of the lawyer establishing or participating in establishing the law firm;
d) Documents proving the headquarters of the law practice organization.
3. Within ten working days from the date of receiving a complete application file, the Department of Justice shall issue a certificate of registration of operations to the law practice organization; in case of refusal, it must notify in writing stating the reason, and the person refused the certificate of registration of operations has the right to lodge a complaint in accordance with the law.
4. The law practice organization is allowed to operate from the date of issuance of the certificate of registration of operations.
Within seven working days from the date of being granted the certificate of registration of operations, the head of the law office or the director of the law firm must notify in writing, enclosing a copy of the certificate of registration of operations, to the Bar Association to which they belong.
Thus, the registration of operations of a law office is carried out according to the aforementioned procedure.
What are the procedures for registration of operations of a law firm in Vietnam?
Vietnam: What are cases in which a Lawyer’s Practice Certificate is not granted?
According to the provisions of Clause 4, Article 17 of the Law on Lawyers 2006 (as amended by Clause 8, Article 1 of the Law on Amendment of the Law on Lawyers 2012) on cases in which a Lawyer’s Practice Certificate is not granted as follows:
Issuance of Lawyer’s Practice Certificate
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4. A person falling into one of the following cases shall not be granted a Lawyer’s Practice Certificate:
a) Not meeting the lawyer standards stipulated in Article 10 of this Law;
b) Currently an official or public employee; officers, professional soldiers, defense workers in agencies or units belonging to the People’s Army; officers, non-commissioned officers, and workers in agencies or units belonging to the People’s Public Security;
c) Not residing permanently in Vietnam;
d) Being prosecuted for criminal liability; having been convicted and not yet received a criminal record clearance for an unintended crime or a less serious intentional crime; having been convicted of a serious intentional crime, a very serious intentional crime, a particularly serious intentional crime even if they have received a criminal record clearance;
dd) Currently being subject to administrative handling measures in compulsory detoxification establishments or compulsory education establishments;
e) Lacking civil act capacity or having limited civil act capacity;
g) Those specified at point b of this clause who have been dismissed but have not yet completed the three-year period from the effective date of the dismissal decision.
Cases not granted a Lawyer’s Practice Certificate are those specified above.
Is a Lawyer’s Practice Certificate the same as a Lawyer’s Card in Vietnam?
Based on Article 17 of the Law on Lawyers 2006 (as amended by Clause 8, Article 1 of the Law on Amendment of the Law on Lawyers 2012), which stipulates the issuance of the Lawyer’s Practice Certificate as follows:
Issuance of Lawyer’s Practice Certificate
1. A person who meets the requirements for the results of the law practice probation exam shall submit an application file for a Lawyer’s Practice Certificate to the Bar Association Committee.
The application file includes:
a) An application form for the Lawyer’s Practice Certificate according to the form issued by the Ministry of Justice;
b) A judicial record card;
c) A health certificate;
d) A copy of the Bachelor of Laws degree or a copy of the Master of Laws degree;
dd) A copy of the probation result certification.
Within seven working days from the date of receiving a complete and valid application file, the Bar Association Committee shall transfer the file to the Department of Justice along with the certification that the applicant meets the lawyer standards as stipulated in this Law.
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3. Within seven working days from the date of receiving a complete and valid application file, the Department of Justice is responsible for checking the file, and if necessary, verifying the legality of the file and submitting a written request along with the application file for the issuance of the Lawyer’s Practice Certificate to the Ministry of Justice.
Within twenty days from the date of receiving a complete application file, the Minister of Justice shall decide on the issuance of the Lawyer’s Practice Certificate; in case of refusal, it must notify in writing stating the reason to the applicant and the Department of Justice where the application file for the issuance of the Lawyer’s Practice Certificate was submitted.
The person refused the Lawyer’s Practice Certificate has the right to lodge a complaint and initiate a lawsuit in accordance with the law.
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At the same time, Article 20 of the Law on Lawyers 2006 (as amended by Clause 11, Article 1 of the Law on Amendment of the Law on Lawyers 2012) regulates the joining of the Bar Association as follows:
Joining the Bar Association
1. A person with a Lawyer’s Practice Certificate has the right to choose to join one Bar Association to practice law.
A person who has joined the Bar Association must work according to a labor contract for a law practice organization, practice as an individual according to a labor contract for an agency or organization, or establish, participate in establishing a law practice organization as stipulated in this Law in the locality where the Bar Association is headquartered.
2. A person with a Lawyer’s Practice Certificate submits an application file for joining the Bar Association to the Bar Association Committee. The application file for joining the Bar Association includes:
a) An application form for joining the Bar Association according to the form issued by the Vietnam Bar Federation;
b) A judicial record card for cases where the application file for joining the Bar Association is submitted more than six months from the date of issuance of the Lawyer’s Practice Certificate;
c) A copy of the Lawyer’s Practice Certificate.
3. Within seven working days from the date of receiving a complete application file for joining the Bar Association, the Bar Association Committee shall review and issue a decision on the joining of the Bar Association; if the applicant falls into one of the cases specified in Clause 4, Article 17 of this Law, the Bar Association Committee shall refuse the joining and notify the reason in writing. The person refused has the right to lodge a complaint as stipulated in Article 87 of this Law.
4. Within seven working days from the date of the decision on joining the Bar Association, the Bar Association Committee shall send a written request to the Vietnam Bar Federation for the issuance of a Lawyer’s Card to the person joining the Bar Association. The issuance of the Lawyer’s Card shall not exceed twenty days from the date of receiving the written request from the Bar Association.
The Lawyer’s Card is permanently valid and shall be replaced when the lawyer changes the Bar Association or when lost or damaged.
5. Within three years from the date of issuance of the Lawyer’s Card, if the lawyer does not work according to a labor contract for a law practice organization, practice as an individual according to a labor contract for an agency or organization, or does not establish, participate in establishing a law practice organization in the locality where the Bar Association is headquartered, or if the lawyer does not practice law for five consecutive years after being issued the Lawyer’s Card, the Bar Association Committee shall remove the lawyer’s name from the list of lawyers and request the Vietnam Bar Federation to revoke the Lawyer’s Card.
6. A lawyer’s transfer of Bar Association must submit a written request to the Bar Association Committee where the lawyer is currently a member to remove their name from the lawyer list.
Within five working days from the date of receiving the written request, the Bar Association Committee shall issue a decision to remove the lawyer's name from the lawyer list of the Bar Association, and concurrently send a referral letter along with the lawyer’s file to the Bar Association where the lawyer intends to join.
The procedure for joining the Bar Association and replacing the Lawyer’s Card shall follow the provisions of Clauses 3 and 4 of this Article. During the period of waiting for the replacement of the Lawyer’s Card, the lawyer shall continue to use the current Lawyer’s Card for practice and must submit it immediately upon receiving the new Lawyer’s Card.
Thus, the Lawyer’s Practice Certificate is issued by the Minister of Justice when a person who meets the requirements for the results of the law practice probation exam submits an application for the Lawyer’s Practice Certificate.
The Lawyer’s Card is issued by the Vietnam Bar Federation when a person holding a Lawyer’s Practice Certificate submits an application to join a Bar Association for law practice.
The Lawyer’s Practice Certificate is not the same as the Lawyer’s Card.
The Lawyer’s Practice Certificate is a state-issued document certifying the right to practice law of the person to whom it is issued.
The Lawyer’s Card is a membership certificate of the Bar Association issued to the holder.
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