Tiếng Việt
中文 (中国)Two or more 100% foreign-owned limited liability law firms is legal content that readers often need to check carefully before implementing it in practice. This article has been systematized by ANT Legal in an easy-to-understand way, helping individuals and businesses understand the main issues, common risks and appropriate solutions.
1. How is the scope of practice of foreign law firms in Vietnam and Vietnamese lawyers working for foreign law-practicing organizations in Vietnam regulated by law?
Pursuant to Article 31 of Decree 123/2013/ND-CP regulating the scope of practice of foreign law-practicing organizations in Vietnam and Vietnamese lawyers working for foreign law-practicing organizations in Vietnam as follows:
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– The scope of practice of foreign law-practicing organizations in Vietnam is carried out in accordance with the provisions of Article 70 of the Law on Lawyers, in which, foreign law-practicing organizations in Vietnam are not allowed to:
+ Authenticate copies and translations of documents issued by Vietnamese state agencies and organizations grant;
+ Perform procedures for adoption, marriage, civil status, Vietnamese nationality;
+ Perform notary services, bailiffs and other legal services that according to Vietnamese law can only be performed by Vietnamese law-practicing organizations, Vietnamese notary practicing organizations, and Vietnamese bailiff-practicing organizations. currently.
– Vietnamese lawyers working for foreign law-practicing organizations in Vietnam are not allowed to perform the services specified in Clause 1 of this Article.
2. Can two or more limited liability law firms with 100% foreign capital agree to merge into a new limited liability law firm with 100% foreign capital?
Pursuant to Clause 1, Article 32 of Decree 123/2013/ND-CP stipulating the consolidation of foreign companies as follows:
Article 32. Consolidation of foreign law firms
1. Two or more limited liability law firms with 100% foreign capital can agree to merge into a new limited liability law firm with 100% foreign capital.
Two or more limited liability law firms in the form of a joint venture can agree to merge into a limited liability law firm in the form of a new joint venture.
Two or more law firms that are a partnership between a foreign law practice organization and a Vietnamese law partnership firm can agree to merge into a new partnership law firm between a foreign law practice organization and a Vietnamese law partnership company.
Thus, according to the above regulations, two or more limited liability law firms with 100% foreign capital can agree to merge. into a new 100% foreign-owned limited liability law firm.
3. How are foreign law firm consolidation dossiers regulated?
Pursuant to Clause 2, Article 32 of Decree 123/2013/ND-CP, which stipulates that law firm consolidation dossiers are sent to the Ministry of Justice. Documents include:
– Application for law firm consolidation;
– Consolidation contract, which must clearly stipulate procedures, deadlines and conditions for consolidation; labor use plan; inheritance of all rights and obligations of the merged law firms;
– Establishment license of the merged law firms;
– Consolidated law firm charter.
– Within 10 days from the date of receipt of valid documents, the Ministry of Justice decides to approve the merger in the form of issuance of an Establishment License consolidated foreign law firm; In case of refusal, it must be notified in writing and clearly state the reason.
After the consolidated foreign law firm is granted an Operation Registration Certificate, will the merged foreign law firm have its operations terminated?
Pursuant to Clause 4, Article 32 of Decree 123/2013/ND-CP stipulates as follows following:
– After the consolidated foreign law firm is granted an Operation Registration Certificate, the merged foreign law firms will terminate their operations. The consolidated law firm enjoys legal rights and interests, is responsible for all unpaid debts, ongoing legal service contracts, labor contracts signed with lawyers, other employees and other property obligations of the merged law firms.
Note on Applying Current Legal Regulations
This article belongs to the Business & M&A group and is presented for reference purposes, helping readers understand the legal issue at an overview level before preparing a dossier or carrying out a transaction.
Legal regulations may vary depending on the timing, locality, type of dossier and specific circumstances. If you need to determine the exact legal basis applicable to your case, you should contact ANT Legal’s lawyers at 0966.475.966 for review and advice before proceeding.
Common Legal Risks to Note
- Applying legal instruments that have been amended, supplemented or replaced.
- Preparing an incomplete set of documents, materials or necessary evidence.
- Misunderstanding the conditions, procedure, timeline or competent authority.
- Signing, submitting a dossier or carrying out a transaction before fully assessing legal risks.
How Can ANT Legal Support You?
ANT Legal can review the specific circumstances, examine the dossier, identify the applicable legal basis, advise on an appropriate handling plan and represent clients in working with individuals, organizations or competent authorities where necessary.
For prompt advice, you may contact a lawyer at 0966.475.966.
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Practical points to review
For the topic “Can two or more limited liability law firms with 100% foreign capital agree to merge into a new limited liability law firm with 100% foreign capital?”, readers should compare the legal rule with the actual documents, parties involved, timeline and evidence before choosing a course of action.
- Identify the legal relationship, signing authority and documents creating rights or obligations.
- Check deadlines, notices, payment records, approvals and evidence that may affect the legal position.
- Assess whether negotiation, document correction, complaint, arbitration, court proceedings or another route is suitable.
Documents to prepare
- Contracts, annexes, decisions, notices, emails, messages, payment records and handover/acceptance minutes where relevant.
- Enterprise, asset, license or identity documents connected to the matter.
- A short timeline of key events and the outcome expected from the review.
When to seek legal advice
If the matter has high value, strict deadlines, multiple parties, unclear evidence or potential dispute risk, consider discussing the file with ANT Legal before signing, responding or filing a claim.
Related service: ANT Legal services. You may also contact ANT Legal through the official website.
This content is for general reference only and does not replace legal advice for a specific file. A service relationship is formed only after scope and fees are agreed.
