What are the current regulations on the application and procedures for operation registration of lawyer’s offices in Vietnam?
What is included in the application for registration of operations of lawyer’s offices in Vietnam?
Pursuant to the provisions of Clause 2, Article 35 of the 2006 Law on Lawyers in Vietnam as follows:
Registration of operations of law-practicing organizations
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2. Law-practicing organizations shall send operation registration dossiers to the provincial/municipal Justice Services. Such a dossier comprises:
a/ A written request for operation registration, made according to a set form;
b/ A draft charter of the law firm;
c/ 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.
d/ Papers evidencing the headquarters of the law-practicing organization.
Thus, an application for registration of operations of the lawyer’s office includes:
- A written request for operation registration, made according to a set form;
- 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.
What are the current regulations on the application and procedures for operation registration of lawyer’s offices in Vietnam?
What are the procedures for operation registration of lawyer’s offices in Vietnam?
Procedures for operation registration of lawyer’s offices are specified in Article 8 of Decree No. 123/2013/ND-CP as follows:
Operation registration of law-practicing organizations
1. Procedures for Certificate of operation registration of law-practicing organizations shall comply with Article 35 of the Law on Lawyers.
2. The Certificate of operation registration of a law-practicing organization is made in 02 originals; one original is granted to the law-practicing organization, the other is kept at the Justice Service.
3. Within 07 working days, from the issuing date of the Certificate of operation registration of a law-practicing organization, the Justice Service shall send a written notice to tax office, statistical office, other competent state agencies, People’s Committee of the districts or town, 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.
4. The law-practicing organization shall pay registration fee in accordance with the fee level set for registration of business of companies.
5. After being granted with the Certificate of operation registration, the law-practicing organization is entitled to have the seal engraved and to use the seal in accordance with provisions on management and use of seals.
According to Clause 1, Article 8 of Decree No. 123/2013/ND-CP above, the registration of operation of a lawyer’s office shall be carried out according to the procedures in Article 35 of the 2006 Law on Lawyers in Vietnam as follows:
Registration of operations of law-practicing organizations
1. 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.
2. Law-practicing organizations shall send operation registration dossiers to the provincial/municipal Justice Services. Such a dossier comprises:
a/ A written request for operation registration, made according to a set form;
b/ A draft charter of the law firm;
c/ 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.
d/ Papers evidencing the headquarters of the law-practicing organization.
3. 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.
4. 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.
Thus, the registration of operation of a lawyer’s office is carried out according to the above-mentioned procedures.
What is the application form for operation registration of lawyer’s offices in Vietnam?
Pursuant to Circular No. 05/2021/TT-BTP guiding the Law on Lawyers, the Decree guiding the Law on Lawyers promulgated by the Minister of Justice.
The latest application form for operation registration of lawyer’s offices is Form TP-LS-08 issued together with Circular No. 05/2021/TT-BTP.
Download the application form for operation registration of lawyer’s offices: Click here.
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