Procedures for operation registration of law-practicing organizations in Vietnam as of May 17, 2024

Procedures for operation registration of law-practicing organizations in Vietnam as of May 17, 2024 (Internet image)

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

On May 17, 2024, the Minister of Justice issued Decision 849/QD-BTP announcing the amended administrative procedures related to lawyers under the Ministry of Justice.

1. Procedures for operation registration of law-practicing organizations in Vietnam as of May 17, 2024

The procedures for operation registration of law-practicing organizations in Vietnam as of May 17, 2024 are as follows:

Procedures:

Law-practicing organizations register their operations at the Department of Justice in the locality where the Bar Association that the Head of the law firm or the Director of the law company is a member is located.

Law firms established by lawyers from different Bar Associations register their operations at the Department of Justice in the locality where the company is headquartered.

Within ten working days from the date of receiving the complete dossier, the Department of Justice issues a Certificate of Operation Registration for the law-practicing organization. In case of refusal, a written notification stating the reason must be provided, and the applicant has the right to file a complaint according to the provisions of the law.

Implementation method:

The dossier is submitted directly, through the postal system, or online (if the administrative procedure is provided online) to the Department of Justice.

Components of the dossier:

- Application for operation registration according to the standardized form;

- Draft Articles of Association of the law company (for cases of law companies);

- Copies of the Lawyer's Practicing Certificate, copies of the Lawyer's Card of the lawyers establishing the law firm or participating in the establishment of the law company;

- Documents proving the office address of the law-practicing organization.

Number of dossiers: 01 set.

Processing time:

Within ten working days from the date of receiving the complete dossier, the Department of Justice issues a Certificate of Operation Registration for the law-practicing organization.

Subjects conducting administrative procedures: Organizations.

Competent authority for handling the procedures: Department of Justice.

Result of administrative procedure: Certificate of Operation Registration for the law-practicing organization.

Fee and charge: 50,000 VND per dossier.

Sample forms:

Form TP-LS-02-sd 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 judicial support;

Form TP-LS-03-sd 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 judicial support.

Requirements and conditions for implementing administrative procedures:

Conditions for establishing law-practicing organizations:

- Lawyers establishing or participating in the establishment of law-practicing organizations must have at least two consecutive years of working as employees under labor contracts for law-practicing organizations or working individually under labor contracts for agencies or organizations according to the provisions of this Law;

- Law-practicing organizations must have a working office.

2. Rights of law-practicing organizations in Vietnam

The rights of law-practicing organizations in Vietnam are stipulated in Article 39 of the Law on Lawyers 2006 (amended in 2012), including:

- Provide legal services.

- Receive payments from clients.

- Hire Vietnamese lawyers, foreign lawyers, and employees to work for the law-practicing organization.

- Participate in formulating the State’s policies and laws; participate in advising and resolving the cases of organizations and individuals when being requested.

- Cooperate with foreign law-practicing organizations.

- Establish branches and offices in Vietnam.

- Open offices overseas.

- Other rights prescribed in this Law and relevant laws.

Nguyen Ngoc Que Anh

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