Guidance on operation registration of law-practicing organizations in Vietnam in 2024

Guidance on operation registration of law-practicing organizations in Vietnam in 2024 (Image from the Internet)

1. Guidance on operation registration of law-practicing organizations in Vietnam in 2024

According to Article 8 of Decree 123/2023/ND-CP, the guidance on operation registration of law-practicing organizations in Vietnam are as follows:

- The procedure for registering the operation of a law-practicing organizations is conducted according to the provisions of Article 35 of the Law on Lawyers 2006.

- The operational registration certificate of the law-practicing organizations is made in 02 copies; one copy is issued to the law-practicing organizations, one copy is retained at the Department of Justice.

- Within 07 working days from the date of issuance of the operational registration certificate to the law-practicing organizations, the Department of Justice must notify in writing the tax authority, statistical agency, other competent state agencies, the district-level People's Committee, city at province-level, commune-level People's Committee and the Bar Association where the law-practicing organizations is headquartered.

- The law-practicing organizations must pay the operational registration fee at the same rate as the business registration fee for enterprises.

- After being granted the operational registration certificate, the law-practicing organizations can engrave and use its seal in accordance with the law on the management and use of seals.

2. The Latest Procedures for operation registration of law-practicing organizations in Vietnam

According to Article 35 of the Law on Lawyers 2006, the procedures for registering the operation of a law-practicing organizations in Vietnam are as follows:

- The law-practicing organizations registers its operation at the Department of Justice in the locality where the Bar Association to which the head of the law firm or the director of the law company is a member. A law company established by lawyers from different Bar Associations registers its operation at the Department of Justice in the locality where the company's headquarters is located.

- The law-practicing organizations must submit an operational registration dossier to the Department of Justice. The operational registration dossier of the law-practicing organizations includes:

+ An application for operational registration according to a uniform template;

+ A draft charter of the law company;

+ A copy of the law practice certificate, a copy of the lawyer's card of lawyers establishing a law office, or establishing or participating in the establishment of a law company;

+ Documents proving the head office of the law-practicing organizations.

- Within ten working days from the date of receiving a complete dossier, the Department of Justice issues an operational registration certificate to the law-practicing organizations; in case of refusal, it must notify in writing, stating clearly the reasons, and the person denied the operational registration certificate has the right to complain according to the provisions of the law.

- The law-practicing organizations is allowed to operate from the date it is granted the operational registration certificate.

Within seven working days from the date of being granted the operational registration certificate, the head of the law office or the director of the law company must notify in writing, enclosing a copy of the operational registration certificate, to the Bar Association of which he/she is a member.

3. Contents of the Certificate of operation registration of law-practicing organizations in Vietnam

According to Article 8 of Decree 123/2023/ND-CP, the main contents of the Certificate of operation registration of law-practicing organizations include:

- Name, address of the headquarters;

- Fields of practice;

- Name, number, and date of issuance of the lawyer's card of the legal representative;

- Names, addresses of permanent residence of lawyer members.

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