Latest Procedures for Granting License to Establish Foreign Law Firm in Vietnam

Latest Procedures for Granting License to Establish Foreign Law Firm in Vietnam (Internet image)

Regarding this matter, LawNet would like to answer as follows: 

Latest Procedures for Granting License to Establish Foreign Law Firm in Vietnam

(1) Procedures:

Foreign law firms must submit their application for establishing a foreign law firm to the Ministry of Justice. Within a period of sixty days from the date of receiving the complete application and fees, the Ministry of Justice will consider granting the License to Establish Foreign Law Firm. In case of rejection, it must be notified in writing.

(2) Submission method: The application can be submitted directly, through postal system, or online to the Ministry of Justice.

(3) Document requirements:

- Application  for establishing the foreign law firm.

- Certified copy of the legal establishment documents of the foreign law firm issued by the authorized agency or organization of the foreign country; certified copy of the registration certificate of the Vietnamese law firm in the case of joint venture.

- Introduction about the activities of the foreign law firm; introduction about the activities of the Vietnamese law firm in the case of joint venture.

- List of intended foreign lawyers to work at the company; list of intended Vietnamese lawyers to work at the company along with certified copies of their lawyer cards.

- Draft Articles of Association of the foreign law firm; joint venture agreement in the case of joint venture.

(4) Number of sets of documents required: 01 set.

(5) Processing time:

Within a period of sixty days from the date of receiving the complete application and fees, the Ministry of Justice will consider granting the License to Establish Foreign Law Firm.

(6) Entity responsible for administrative procedure: Organization.

(7) Authority handling the administrative procedure: Ministry of Justice.

(8) Result of administrative procedure: Decision to grant the License to Establish Foreign Law Firm.

(9) Fee and charge: 20,000,000 VND per application.

(10) Names of form, declaration forms:

Form TP-LS-13-sđ issued together with Circular 03/2024/TT-BTP dated May 15, 2024, by the Minister of Justice amending and supplementing 08 circulars related to administrative procedures in the field of legal support;

Form TP-LS-14-sđ issued together with Circular 03/2024/TT-BTP dated May 15, 2024, by the Minister of Justice amending and supplementing 08 circulars related to administrative procedures in the field of legal support;

Form TP-LS-15-sđ issued together with Circular 03/2024/TT-BTP dated May 15, 2024, by the Minister of Justice amending and supplementing 08 circulars related to administrative procedures in the field of legal support. 

(11) Requirements and conditions for administrative procedure:

Foreign law firms that have been established and are practicing law legally in a foreign country are allowed to practice law in Vietnam under the provisions of this Law when they meet the following conditions:

- Commitment and assurance to comply with the Constitution and laws of the Socialist Republic of Vietnam;

- Commitment and assurance to have at least two foreign lawyers, including the Branch Director and the Managing Director of the foreign law firm, present and practicing law in Vietnam for a continuous period of twelve months or more;

- The Branch Director and the Managing Director of the foreign law firm in Vietnam must have practiced law continuously for at least two years.

More details can be found in Decision 849/QD-BTP which comes into force from May 15, 2024.

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