Recently, the Government issued Decree 123/2013/ND-CP detailing and implementation measures of the Law on lawyers
Decree 123: Regulations on transformation of a lawyer’s office into a law firm in Vietnam (Internet image)
Accordingly, Article 15 of Decree 123/2013/ND-CP stipulates: "A lawyer’s office may be transformed into a limited liability law firm or a law partnership on the basis of inheritance of all obligations and rights of the lawyer’s office in accordance with legal provisions. A dossier for transformation of a lawyer’s office shall be submitted to the Justice Service where the law firm shall be located. A dossier is comprised of:
- A request for transformation shall clearly state purposes, reasons of the transformation and commitments on heritage of all obligations, legitimate rights and interests of the transformed lawyer’s office;
- A draft Charter of the transforming law firm;
- Certificate of operation registrations of the transformed lawyer’s office;
- List of members or owners who are lawyers; copies of lawyer cards of lawyers who are members or owners of the transforming law firm;
- Copies of documents proving the headquarters in case of change of the headquarters.
Within 07 working days, since the date of receiving a valid dossier, the Justice Service shall grant the Certificate of operation registration; in case of refusal, there must be a written notice stating reasons clearly. Procedures for notifying contents of Certificate of operation registration of the transforming law firm shall comply with Article 38 of the Law on Lawyers.
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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