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中文May one lawyer establish multiple law-practicing organizations?
Under Clause 15, Article 1 of the Law on Lawyers as amended in 2012, the forms of law-practicing organizations and the conditions for establishing a law-practicing organization are regulated as follows:
– Law-practicing organizations include:
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+ Law offices;
+ Law firms.
– Law-practicing organizations are organized and operate in accordance with this Law and other relevant laws.
– Conditions for establishing a law-practicing organization:
+ A lawyer establishing or participating in establishing a law-practicing organization must have at least two years of continuous practice working under a labor contract for a law-practicing organization or practicing as an individual under a labor contract for an agency or organization under this Law;
+ A law-practicing organization must have a working office.
– One lawyer may only establish or participate in establishing one law-practicing organization. Where lawyers from different Bar Associations jointly participate in establishing a law firm, they may choose to establish and register its operation in the locality where the Bar Association of which one of those lawyers is a member is located.
– Within thirty days from the date of issuance of the Operation Registration Certificate, lawyers establishing or participating in establishing a law-practicing organization who are not members of the Bar Association of the locality where the law-practicing organization is located must transfer to join the Bar Association of the locality where the law-practicing organization or its branch is located, under Article 20 of this Law.
Thus, one lawyer may not establish multiple law-practicing organizations, but may only establish one or participate in establishing one law-practicing organization.
May a law-practicing organization be a private enterprise?
Under Article 33 of the Law on Lawyers 2006, a law office is regulated as follows:
– A law office established by one lawyer is organized and operates as a private enterprise.
The lawyer establishing the law office is the Head of the Office and must be liable with all of their 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 in accordance with the Law on Enterprises but must include the phrase “law office,” must not duplicate or cause confusion with the name of another law-practicing organization already registered for operation, and must not use words or symbols violating the nation’s historical traditions, culture, ethics, and fine customs.
– The law office has a seal and bank accounts as prescribed by law.
Under Article 34 of the Law on Lawyers 2006, a law firm is regulated as follows:
– A law firm includes partnership law firms and limited liability law firms. Members of a law firm must be lawyers.
– A partnership law firm is established by at least two lawyers. A partnership law firm has no capital-contributing members.
– A limited liability law firm includes multi-member limited liability law firms and single-member limited liability law firms.
A multi-member limited liability law firm is established by at least two lawyers.
A single-member limited liability law firm is established by one lawyer who is its owner.
– Members of partnership law firms and multi-member limited liability law firms agree to appoint one member as the company’s Director. The lawyer who is the owner of a single-member limited liability law firm is the company’s Director.
– The name of a partnership law firm or multi-member limited liability law firm is chosen by agreement among the members; the name of a single-member limited liability law firm is chosen by the owner, in accordance with the Law on Enterprises, but must include the phrase “partnership law firm” or “limited liability law firm,” must not duplicate or cause confusion with the name of another law-practicing organization already registered for operation, and must not use words or symbols violating the nation’s historical traditions, culture, ethics, and fine customs.
Thus, if a law-practicing organization is established as a law office, the law-practicing organization is organized and operates as a private enterprise.
How does a law-practicing organization register its operation?
Under Article 35 of the Law on Lawyers 2006, operation registration of a law-practicing organization is regulated as follows:
– A law-practicing organization registers its operation at the Department of Justice of the locality where the Bar Association of which the Head of the Law Office or the Director of the Law Firm is a member is located. A law firm established by lawyers from different Bar Associations registers its operation at the Department of Justice of the locality where the firm’s head office is located.
– A law-practicing organization must submit an operation registration dossier to the Department of Justice. The operation registration dossier of a law-practicing organization includes:
+ An application for operation registration per the uniform form;
+ A draft Charter of the law firm;
+ Copies of the Lawyer Practicing Certificate and Lawyer Card of the lawyer establishing the law office, establishing or participating in establishing the law firm;
+ Documents proving the head office of the law-practicing organization.
– Within ten working days from the date of receipt of a complete dossier, the Department of Justice issues the Operation Registration Certificate to the law-practicing organization; in case of refusal, it must notify in writing and state the reasons, and the refused person has the right to complain under the law.
– A law-practicing organization may operate from the date it is issued the Operation Registration Certificate.
Within seven working days from the date of issuance of the Operation Registration Certificate, the Head of the Law Office or the Director of the Law Firm must notify in writing, together with a copy of the Operation Registration Certificate, the Bar Association of which they are a member.
Notes on applying current legal regulations
This article belongs to the Corporate & M&A Knowledge category and is presented for reference, helping readers understand the legal issue at an overview level before preparing a dossier or conducting a transaction.
Legal regulations may change depending on time, locality, dossier type, and specific circumstances. To determine the exact legal basis applicable to your dossier, you should contact ANT Legal’s lawyers at 0966.475.966 for review and advice before proceeding.
Common risks to note
- Applying a legal instrument that has been amended, supplemented, or replaced.
- Preparing incomplete dossiers, documents, or evidence.
- Misunderstanding the conditions, procedures, time limits, or competent authorities.
- Signing, submitting dossiers, or conducting transactions without fully assessing legal risks.
How can ANT Legal help?
ANT Legal assists in reviewing your specific situation, checking dossiers, determining the applicable legal basis, advising on handling plans, and representing you in working with individuals, organizations, or competent authorities when needed.
For quick advice, you may contact our lawyers at 0966.475.966.
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May one lawyer establish multiple law-practicing organizations?
No. Under Clause 15, Article 1 of the Law on Lawyers as amended in 2012, one lawyer may only establish or participate in establishing one law-practicing organization.
What forms do law-practicing organizations take?
Law-practicing organizations include law offices and law firms. A law office is established by one lawyer and organized and operated as a private enterprise. A law firm includes partnership law firms (established by at least two lawyers, with no capital-contributing members) and limited liability law firms (multi-member LLCs or a single-member LLC established by one lawyer who is its owner).
What conditions must a lawyer meet to establish a law-practicing organization?
A lawyer establishing or participating in establishing a law-practicing organization must have at least two years of continuous practice working under a labor contract for a law-practicing organization or practicing as an individual under a labor contract for an agency or organization; the law-practicing organization must also have a working office.
How does a law-practicing organization register its operation?
It registers its operation at the Department of Justice of the locality where the Bar Association of which the Head of the Law Office or the Director of the Law Firm is a member is located. Within ten working days from the date of receipt of a complete and valid dossier, the Department of Justice issues the Operation Registration Certificate; the law-practicing organization may operate from the date it is issued the certificate.
If you, as a lawyer, are planning to establish a law-practicing organization and need advice on conditions, operation registration dossiers, or choosing a suitable organizational form, ANT Legal is ready to accompany you. Please contact ANT Legal at 0966.475.966 for advice.
