Instruction on changing the legal representative of a law practice organization in Vietnam

Instruction on changing the legal representative of a law practice organization in Vietnam​ (Illustrative Image)

Article 7 Circular 17/2011/TT-BTP guides the change of the legal representative of a law practice organization in Vietnam as follows:

1. The legal representative of a multi-member limited liability law company or a partnership law company must be a lawyer and a member of the law company.

A multi-member limited liability law company or a partnership law company wanting to change its legal representative must, within ten working days from the date of the decision to change, send a written notification of the change of the legal representative and the company's operational registration certificate to the Department of Justice where the company is registered.

The procedure for changing the content of the operational registration in Vietnam is carried out in accordance with Article 36 of the Law on Lawyers.

2. The legal representative of a law office or a single-member limited liability law company must be the owner lawyer of the law office or law company.

A law office or a single-member limited liability law company wanting to change its legal representative must submit a dossier to the Department of Justice where the office or company is registered. The dossier includes:

- Application for changing the legal representative;

- Operational registration certificate of the law office or single-member limited liability law company;

- Written agreement between the old legal representative and the new legal representative regarding the execution of the rights and obligations of the law office or law company;

- List of unfinished contracts and written agreement between the old legal representative and the clients transferring the execution of those contracts to the new legal representative of the law office or law company.

The procedure for changing the legal representative of a law office or a single-member limited liability law company in Vietnam is carried out in accordance with Article 36 of the Law on Lawyers.

3. Within five working days from the date of receiving a complete and valid dossier, the Department of Justice shall reissue the operational registration certificate for the law practice organization, clearly stating the content of the change of legal representative.

More details can be found in Circular 17/2011/TT-BTP, effective from December 1, 2011.

Thuy Tram

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