Can a lawyer establish multiple law practice organizations? in Vietnam

Can a lawyer establish multiple law practice organizations?

According to Clause 15, Article 1 of the 2012 Law on Lawyers, the form of organization to practice law and the conditions for establishing a law practice organization are prescribed as follows:

– Law practice organizations include:

+ Law office;

+ Law firm.

– Law-practicing organizations are organized and operate according to the provisions of this Law and other relevant laws.

– Conditions for establishing a law practice organization:

+ Lawyers who establish or participate in the establishment of a law-practicing organization must have at least two years of continuous practice under a labor contract for a law-practicing organization or practice as an individual under a labor contract for an agency or organization according to the provisions of this Law;

+ Law practice organizations must have an office.

– A lawyer may only establish or participate in the establishment of a law practice organization. In cases where lawyers from different Bar Associations join together to establish a law firm, they can choose to establish and register operations in the locality where there is a Bar Association of which one of those lawyers is a member.

– Within thirty days from the date of issuance of the Operation Registration Certificate, lawyers who establish or participate in establishing a law-practicing organization who are not members of the Bar Association of the place where the law-practicing organization is located must transfer to join the Bar Association of the place where the law-practicing organization is located or a branch of the law-practicing organization according to the provisions of Article 20 of this Law.

Thus, a lawyer may not establish many law practice organizations but may only establish one or participate in establishing one law practice organization.

Can a law practice organization be a private enterprise?

According to Article 33 of the 2006 Law on Lawyers, lawyer offices are regulated as follows:

– A law office established by a lawyer is organized and operates as a private enterprise.

The lawyer who establishes a law office is the Head of the office and must be responsible with all his or her assets for all obligations of the office. The head of the office is the legal representative of the office.

– The name of the law office is chosen by the lawyer and according to the provisions of the Law on Enterprises but must include the phrase “law office”, must not be identical to or cause confusion with the name of another registered law practice organization, and must not use words or symbols that violate the historical, cultural, ethical traditions and fine customs of the nation.

– The lawyer’s office has a seal and account according to the provisions of law.

According to Article 34 of the 2006 Law on Lawyers, law firms are regulated as follows:

– Law firms include partnership law firms and limited liability law firms. Members of the law firm must be lawyers.

– A law partnership established by at least two lawyers. A law partnership does not have capital contributing members.

– Limited liability law firms include limited liability law firms with two or more members and one-member limited liability law firms.

A limited liability law firm with two or more members established by at least two lawyers.

A one-member limited liability law firm founded and owned by a lawyer.

– Members of a law partnership or limited liability law firm with two or more members agree to appoint one member to be the company’s Director. A lawyer who owns a one-member limited liability law firm is the company’s director.

– The name of a partnership law firm, limited liability law firm with two or more members is chosen by agreement of the members, the name of a single-member limited liability law firm is chosen by the owner and according to the provisions of the Law on Enterprises but must include the phrase “partnership law firm” or “limited liability law firm”, must not be identical or cause confusion with the name of another registered law practice organization, must not use words or symbols that violate historical traditions. history, culture, ethics and fine customs of the nation.

Thus, if a law practice organization is established in the form of a law office, the law practice organization is organized and operates in the form of a private enterprise.

How does a registered law practice organization operate?

According to Article 35 of the 2006 Law on Lawyers, the registration of operations of law-practicing organizations is regulated as follows:

– Law-practicing organizations register their operations at the Department of Justice in the locality where there is a Bar Association of which the Head of the Law Office or Director of the Law Firm is a member. Law firms jointly established by lawyers from different Bar Associations must register their operations at the Department of Justice in the locality where the company is headquartered.

– Law-practicing organizations must have an operation registration file submitted to the Department of Justice. Dossier to register the operation of a law-practicing organization includes:

+ Application for operation registration according to a unified form;

+ Draft Charter of the law firm;

+ A copy of the Law Practicing Certificate, a copy of the Lawyer’s Card of the lawyer establishing a law office, establishing or participating in the establishment of a law firm;

+ Documents proving the headquarters of the law practice organization.

– Within ten working days from the date of receipt of complete documents, the Department of Justice shall issue an operation registration certificate to the law practice organization; In case of refusal, it must be notified in writing and clearly state the reason. The person who is refused an Operation Registration Certificate has the right to complain according to the provisions of law.

– Law practice organizations may operate from the date of issuance of the Operation Registration Certificate.

Within seven working days from the date of issuance of the Certificate of Operation Registration, the Head of the Law Office or Director of the law firm must notify in writing along with a copy of the Certificate of Operation Registration to the Bar Association of which he/she is a member.