Hanoi-Vietnam: 43 business conditions proposed for reduction by the Ministry of Justice

No.

Contents of conditions

Legal basis

Propose

Reason

A

Conditions for lawyer practice

Have a lawyer practice certificate

Law on Lawyers 2006 (Articles 10 and 11)

Loyal to the Fatherland

Remove this condition

Comply with the general obligations of citizens in accordance with the provisions of the Constitution and law

Compliance with the Constitution and laws

Have good health to practice law

To create conditions for practitioners

Conditions for establishment of law-practicing organizations

Law on Lawyers 2006 (Article 32)

Have a working office

Remove this condition

In order to facilitate enterprises in the stage of establishment and registration of operations

Conditions for practicing foreign lawyers in Vietnam

Law on Lawyers 2006

(Article 74)

Commitment to comply with the Constitution and laws of the Socialist Republic of Vietnam and the Code of Ethics and Professional Conduct of Vietnamese Lawyers

Reduce this condition in the direction of only ensuring compliance with the Constitution and laws

To facilitate the organization

Conditions for establishment of foreign law-practicing organizations in Vietnam

Lawyer Law

(Article 68)

Committing and ensuring compliance with the Constitution and laws of the Socialist Republic of Vietnam;

Reduce this condition in the direction of only ensuring compliance with the Constitution and laws

To facilitate the organization

Undertake and ensure that at least two foreign lawyers, including the head of the branch and the director of the foreign law firm, are present and practicing in Vietnam for a period of 183 days or more for a period of twelve consecutive months.

Reduce this condition in the direction of ensuring that Have at least 02 foreign lawyers

B

Notary practice

Conditions for notary practice for individuals

Compliance with the Constitution and laws

- Article 8, Article 12, Article 35 of the Law on Notarization 2014;

- Clause 3, Article 23 of Decree No. 29/2015/ND-CP

Remove this condition

Comply with the general obligations of citizens in accordance with the provisions of the Constitution and law

Have worked in law for 05 years or more at agencies and organizations after obtaining a bachelor's degree in law;

Reducing the number of years of legal work from 05 years to 03 years

To create conditions for notary practitioners

Ensure health for notary practice.

Remove this condition

Joining the Notary Association (for provinces and centrally-run cities that already have Notary Associations).

Reduce this condition in the direction of clearly stipulating "participation in socio-professional organizations of notaries"

Conditions for establishment and registration of operation of a notary office

Articles 18, 22, 23 of the Law on Notarization 2014

The establishment of a notary practice organization must comply with the provisions of the Law on Notarization and conform to the master plan on development of a notary practice organization approved by the Prime Minister.

Reduce in the direction of establishment in accordance with the policy on development of notary practice organizations in each period

To facilitate the establishment of a notary office

C

Judicial expertise practice

Conditions for establishment of judicial expertise offices

Law on Judicial Expertise

(Article 16)

Assessors with full 05 years or more are judicial assessors in the field of requesting the establishment of the Office;

Reduce the number of years that have passed in practice by discipline from 5 years to 3 years

To facilitate individuals

Conditions for registration of operation of judicial expertise offices

Law on Judicial Expertise

(Article 17)

Have a Regulation on organization and operation of the Judicial Expertise Office.

Remove this condition

To facilitate the organization when registering for activities

Criteria for appointment of judicial assessors

Law on Judicial Expertise 2012

(Article 7)

Permanent residence in Vietnam

Remove this condition

To create conditions for individuals who want to become assessors

Be healthy

Have actually worked professionally in the field of training for full 05 years or more.

Reduce this condition to 03 years

D

Bailiff Practice

Conditions for establishing a Bailiff's Office

Decree No. 61/2009/ND-CP; amended and supplemented by Decree 135/2013/ND-CP

Other necessary conditions for operation

Remove this condition

This regulation is still general. In fact, the Office will ensure that it operates according to its needs

Have the Bailiff's professional secretary who is an employee of the Bailiff's Office to help the Bailiff perform legal professional tasks as prescribed

Do the Bailiff is responsible for his work. The clerk is just a maid for the bailiff

Have an accountant

To facilitate the organization

Other administrative staff

Conditions for registration of operation of the Bailiff's Office

Decree No. 61/2009/ND-CP, amended and supplemented by Decree No. 135/2013/ND-CP

Must open an account and register for a tax identification number

Remove this condition

The Bailiff's Office has completed the registration to open an account and register for a tax identification number

Must deposit 100 million VND for each Bailiff

Facilitate the organization

Criteria for Appointment of Bailiffs

Decree No. 61/2009/ND-CP, amended and supplemented by Decree No. 135/2013/ND-CP

Be healthy

Remove this condition

To facilitate people who want to become Bailiffs

Have worked in the legal profession for more than 05 years or Have worked as a judge, prosecutor, lawyer; enforcers, notaries, investigators of intermediate level or higher

Reduce this condition to 03 years

To facilitate individuals

A

Property auction practice

Conditions for registration of operation of property auction enterprises

Law on Property Auction (Clause 3, Article 23)

Have headquarters

Remove this condition

To create favorable conditions for enterprises

Have facilities

Have the necessary equipment to ensure property auction activities.

Auctioneer Criteria

Law on Property Auction (Article 10)

Vietnamese citizens permanently residing in Vietnam

Reduce this condition in the direction of not needing permanent residence in Vietnam

To create favorable conditions for people who want to become auctioneers

Comply with the Constitution and laws

Remove this condition

Comply with the general obligations of citizens in accordance with the provisions of the Constitution and law

E

Practice as an Asset Management Officer

Conditions for practicing as an asset management officer as an individual

Bankruptcy Law 2014 (Article 12)

Have full civil act capacity

Remove this condition

To facilitate individuals

Have a sense of responsibility

Be integrity, honesty, and objectivity

Criteria for issuance of Asset Management Officer Practice Certificate

Bankruptcy Law 2014 (Article 12)

Persons with bachelor's degrees in law, economics, accounting, finance, banking and at least 05 years of experience in the field of training.

Remove this condition

Ensuring balance in the practice of asset management officers because lawyers and auditors must undergo training, practice probation and complete probationary exams

Conditions for practicing as an asset management officer for asset management and liquidation enterprises

Bankruptcy Law 2014 (Clause 1, Article 13)

A partnership has at least two general partners who are asset management officers, the general director or director of the partnership who is an asset management officer.

Reduce the condition to at least 01 general partner who is an asset management officer

To facilitate enterprises

F

Service activities of commercial arbitration institutions

Conditions for the establishment of the Arbitration Center

Law on Commercial Arbitration 2010 (Articles 20 and 24)

Have at least five founding members who are arbitrators

Reduce this condition in the direction of Have at least 03 founders

Facilitating the establishment of the Center

Arbitrator Criteria

Law on Commercial Arbitration (Articles 20, 24)

1. Have full civil act capacity as prescribed by the Civil Code;

Remove this condition

The Center will be responsible for itself when recognizing its qualified, reputable and capable arbitrators

3. Have studied for 5 years or more in the field of work

Reduce the number of years that have passed in practice by discipline from 5 years to 3 years.

To facilitate individuals

Conditions for registration of operation of arbitration centers

Decree No. 63/2011/ND-CP (Article 8)

1. Papers proving the operation headquarters of the arbitration center.

Remove this condition

To facilitate the Arbitration Center

Conditions for registration of operation of branches of foreign arbitration institutions in Vietnam

Decree No. 63/2011/ND-CP (Article 21)

1. Papers proving the head office of the branch

Remove this condition

To facilitate the arbitral institution

3. List of arbitrators and employees expected to work at the branch

Representative offices of foreign arbitral institutions in Vietnam

Decree No. 63/2011/ND-CP (Article 21)

2. An introduction to the operation of the foreign arbitral institution;

Remove this condition

To facilitate the arbitral institution

4. List of foreigners and Vietnamese employees expected to work at the representative office