When naming a branch of a foreign law-practicing organization in Vietnam, does it have to be included by name of province where the branch is located?
When naming a branch of a foreign law-practicing organization in Vietnam, does it have to be included by name of province where the branch is located? Does application for setting up a branch of a foreign law-practicing organization in Vietnam need to mention operation duration of the branch?
I am the head of a branch of a foreign law-practicing office, can you tell me if I am licensed to operate in Vietnam, does the branch name have to be included by the name of the province where the branch is located? Please advise.
When naming a branch of a foreign law-practicing organization in Vietnam, does it have to be included by name of province where the branch is located?
In Article 26 of Decree 123/2015/ND-CP, there are regulations on names of foreign law-practicing organizations in Vietnam as follows:
1. Name of a branch of a foreign law-practicing organization in Vietnam shall include the phrase “Branch”, name of the foreign law-practicing organization and name of province or name of centrally-run city where the branch is located.
2. Name of a 100% foreign-owned law firm in Vietnam shall include the phrase “Limited liability law firm” and name of the foreign law-practicing organization.
3. Name of a joint venture law firm between foreign law-practicing organizations and Vietnamese law-practicing organizations shall be agreed through selection by parties, but it must include the phrase “Limited liability law firm”.
4. Name of a law partnership between foreign law-practicing organizations and Vietnamese law partnerships shall be agreed through section by parties, but it must include the phrase “law partnership”.
Thus, according to current regulations, when naming a branch of a foreign law-practicing organization in Vietnam, it must include the name of the province where the branch is located.
Does application for setting up a branch of a foreign law-practicing organization in Vietnam need to mention operation duration of the branch?
In Article 27 of Decree 123/2013/ND-CP, application for setting up a branch of a foreign law-practicing organization is as follows:
An application for setting up a branch of a foreign law-practicing organization shall comprise the following main contents:
1. Name, nationality, address of the headquarters of the foreign law-practicing organization;
2. Name of the branch;
3. Scope of law practice of the branch;
4. Operation duration of the branch;
5. Location of the branch;
6. Surname and name of the lawyer being the Chief of the Branch as assigned by the foreign law-practicing organization, being enclosed with papers proving such lawyer having law- practice exercised in at least 02 consecutive years;
7. Commitment of the foreign law-practicing organization regarding there are at least 02 foreign lawyers, including the Chief of the Branch being presented and practicing laws in Vietnam. Each foreign lawyer has been practicing laws in Vietnam for 183 days or more than in 12 consecutive months.
In case a foreign law-practicing organization setting up many branches in Vietnam, the total foreign lawyers being presented and practicing laws in Vietnam shall be counted in accordance with this Article.
8. The proposed plan of activities of the branch in Vietnam.
According to this Article, the application for setting up a branch of a foreign law-practicing organization in Vietnam must mention the content of operation duration of the branch.
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