Vietnam: Shortening the time limit for issuance of operation registration certificate of legal counseling center to 05 days

This is a notable content of the Decree No. 05/2012/NĐ-CP amending and supplementing a number of articles of the Decrees on secured transaction registration, legal aid, lawyers and legal counseling in Vietnam.

cấp Giấy đăng ký hoạt động, trung tâm tư vấn pháp luật, Nghị định 05/2012/NĐ-CP

According to Article 4 of the Decree No. 05/2012/NĐ-CP of the Vietnam’s Government, amending Article 13 of the Decree No. 77/2008/NĐ-CP on establishment of legal consultancy centers:

- Legal counseling centers shall register their operation with provincial-level Justice Departments of the localities where they are headquartered. When registering its operation, a legal counseling center shall send directly or by post 1 dossier set to the provincial-level Justice Department.

- An operation registration dossier comprises:

+ A written operation registration;

+ The managing agency's decision to establish the legal counseling center and appoint its director;

+ The draft organization and operation regulation of the center to be issued by the managing agency;

+ A list of applicants for legal counselor's cards and lawyers working under labor contracts for the center, enclosed with their dossiers.

- Within 5 working days after receiving a complete and valid dossier, the provincial-level Justice Department shall grant an operation registration certificate to the legal counseling center. In case of refusal, it shall notify the reason in writing.

- When granting an operation registration certificate to a legal counseling center, the provincial-level Justice Department shall concurrently grant legal counselor's cards to those who meet the criteria specified in Clause 1, Article 19 of this Decree.

- The Ministry of Justice of Vietnam shall provide forms of operation registration certificate and legal counselor's card.

- A legal counseling center may commence operation after obtaining an operation registration certificate.

According to the Decree No. 77/2008/NĐ-CP, the written certification of the legal consultancy center's working office is required in the operation registration dossier, and the time limit for issuance of operation registration certificate is 7 working days. However, according to new provisions of the Decree No. 05/2012/NĐ-CP of the Vietnam’s Government, a written certification of the legal consultancy center's working office is not required and the time limit is shortened to 5 working days.

View more details at the Decree No. 05/2012/NĐ-CP of the Vietnam’s Government, effective from April 01, 2012.

Phuong Thanh

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