Changes of the representatives-at-law of law-practicing organizations in Vietnam

Changes of the representatives-at-law of law-practicing organizations in Vietnam (Internet image)

Decree 123/2013/ND-CP regulates the changes of the representatives-at-law of law-practicing organizations in Vietnam as follows:

First: For changes of representatives-at-law of limited liability law firms with two or more members and law partnerships in Vietnam

- The representatives-at-law of limited liability law firms with two or more members and law partnerships must be lawyers and members of law firms.

- A limited liability law firm with two or more members and a law partnership changing the representative-at-law must send a written request for changing the representative-at-law, and the Certificate of operation registration of the law firm to the Justice Service in the localities where the law firms are based, within 10 days since the date of having decisions on changes.

- Procedures on changing representative-at-law of limited liability law firms with two or more members, law partnerships are carried out as follows:

• In case of a change in its name, address of its head-office, branch, transaction office, practice domains, membership, at-law representative or other contents in the operation registration dossier, within 10 working days after deciding on such change, a law-practicing organization shall make registration with the provincial/municipal Justice Service where it has registered its operations. In case of changes in the contents of its operation registration paper, the law-practicing organization shall be re-granted that paper.

• Within 10 working days after making changes or receiving the re-granted operation registration paper, the law-practicing organization shall notify the bar association of the changes in writing.

Second: For changes of representative-at-law of a lawyer's office or a one-member limited liability law firm in Vietnam

- The representative-at-law of a lawyer's office or a one-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 one-member limited liability law firm changing the representative-at-law shall submit a dossier to the Justice Service where it is based, within 10 days since the date of having decision on changing. A dossier is comprised of:

• A request for changing the representative-at-law;

• The Certificate of operation registration of the lawyer's office or the one-member limited liability law firm;

•  A written agreement between the former representative-at-law and the lawyer expected to be the new representative-at-law regarding the implementation of obligations and rights of the lawyer's office or the law firm;

• Surname, name, number and issuing date of the lawyer card of the lawyer expected to be the new representative-at-law.

Procedures for changing representative-at-law of lawyer's offices, one-member limited liability law firms shall comply with the following regulations:

• In case of a change in its name, address of its head-office, branch, transaction office, practice domains, membership, at-law representative or other contents in the operation registration dossier, within 10 working days after deciding on such change, a law-practicing organization shall make registration with the provincial/municipal Justice Service where it has registered its operations. In case of changes in the contents of its operation registration paper, the law-practicing organization shall be re-granted that paper.

• Within 10 working days after making changes or receiving the re-granted operation registration paper, the law-practicing organization shall notify the bar association of the changes in writing.

More details can be found in Decree 123/2013/ND-CP which comes into force from November 28, 2013.

Ty Na

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