Can a foreign law firm in Vietnam establish a branch outside the province or city where the company is registered to operate?

Can a foreign law firm in Vietnam establish a branch outside the province or city where the company is registered to operate?

Branch of a foreign law firm in Vietnam is regulated in Clause 1, Article 81 of the Law on Lawyers 2006 as follows:

Branch of a foreign law firm in Vietnam

1. Foreign law firms in Vietnam are allowed to establish branches inside and outside the province or centrally run city where they register to operate.

2. A branch is a dependent unit of a foreign law firm in Vietnam. The branch may perform tasks authorized by a foreign law firm in Vietnam in accordance with the practice field stated in the License to establish a foreign law firm in Vietnam.

3. Foreign law firms in Vietnam must be responsible for the operations of their branches.

4. Foreign law firms in Vietnam must submit branch establishment documents to the Ministry of Justice. Within thirty days from the date of receipt of complete documents and fees, the Ministry of Justice shall consider granting a branch establishment license; In case of refusal, notification must be made in writing.

5. Documents to establish a branch include:

a) Application for establishment of a branch;

b) Copy of License to establish a foreign law firm;

c) Authorization letter for a lawyer to act as Head of the branch;

According to the above regulations, foreign law firms in Vietnam are allowed to establish branches inside and outside the province or centrally run city where they register to operate.

Thus, a foreign law firm can establish a branch outside the province or city where the company is registered to operate.

What documents are required to register the operation of a branch of a foreign law firm in Vietnam?

The application to register the operation of a branch of a foreign law firm in Vietnam is specified in Clause 1, Article 37 of Decree 123/2013/ND-CP

Procedures to register the operation of the branch branch of a foreign law firm in Vietnam

1. Documents to register the operation of a branch of a foreign law firm include:

a) Application for registration of operation of a branch of a foreign law firm in Vietnam;

b) Copy of the License to establish a branch of a foreign law firm in Vietnam;

c) Documents proving the headquarters of the branch of a foreign law firm in Vietnam Male.

2. Within 07 working days from the date of receipt of complete and valid documents, the Department of Justice shall issue an operation registration certificate to the foreign law firm’s branch in Vietnam; In case of refusal, it must be notified in writing and clearly state the reason.

Thus, according to regulations, the operation registration dossier of a foreign law firm branch in Vietnam includes:

(1) Application for registration of operation of a branch of a foreign law firm in Vietnam;

(2) Copy of the License to establish a branch of the foreign law firm in Vietnam;

(3) Documents proving the headquarters of the foreign law firm’s branch in Vietnam.

How long does it take for a branch of a foreign law firm to not register its operations before its Establishment License is revoked?

The case of revocation of the branch’s Establishment License is specified in Clause 1, Article 40 of Decree 123/2013/ND-CP (amended by Clause 9, Article 1 of the Decree). 137/2018/ND-CP) as follows:

Revoking the Establishment License of branches and foreign law firms

1. The establishment license of a branch or foreign law firm is revoked in one of the following cases:

a) Self-termination of operations in Vietnam;

b) Penalties for administrative violations in the form of deprivation of the right to use the Establishment License in accordance with the law on handling of administrative violations;

c) Failure to register a tax code within the term 01 year from the date of issuance of the Establishment License;

d) Not operating continuously at the registered headquarters for a period of 06 months, except in cases of temporary suspension of operations as prescribed by law;

dd) Not registering for operation after 60 days, from the date of issuance of the Establishment License;

e) Not operating again or There is no report on continued suspension of operations for more than 06 months from the date of expiration of the temporary suspension of operations as prescribed by law;

g) Foreign law-practicing organizations establish branches, foreign law firms in Vietnam no longer operate abroad;

h) Branch Heads, Directors of foreign law firms are no longer qualified to practice according to the provisions of Article 74 of the Law on Lawyers; Not allowed to renew the License to practice law in Vietnam or the practice period stated in the License expires but do not carry out the extension procedures;

i) No longer meets the conditions prescribed in Article 68 of the Law on Lawyers.”

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Thus, according to regulations, if after 60 days from the date of issuance of the Establishment License if the foreign law firm’s branch does not register its operations, the branch establishment license may be revoked.