Tiếng Việt
中文 (中国)Process for converting branches of foreign law practice organizations 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 does the law regulate the names of foreign law-practicing organizations in Vietnam?
Pursuant to Article 26 of Decree 123/2013/ND-CP stipulating the names of foreign law-practicing organizations in Vietnam as follows:
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– The name of the branch of a foreign law-practicing organization in Vietnam must include the phrase “Branch”, the name of the foreign law-practicing organization and the name of the province or centrally-run city where the branch is permitted to be located.
– The name of a 100% foreign-owned law firm in Vietnam must include the phrase “Limited liability law firm” and the name of the foreign law-practicing organization.
– The name of the joint venture law firm between the law-practicing organization. Foreign lawyers and Vietnamese law-practicing organizations are selected by the parties but must include the phrase “Limited liability law firm”.
– The name of the partnership law firm between the foreign law-practicing organization and the Vietnamese law-practicing organization is selected by the parties but must include the phrase “Partnership law firm”.
2. What contents does an application to establish a branch of a foreign law-practicing organization include?
Pursuant to Article 27 of Decree 123/2013/ND-CP stipulating that an application to establish a branch of a foreign law-practicing organization has the following main contents:
– Name, nationality, and head office address of the practicing organization foreign lawyer;
– Name of the branch;
– Field of practice of the branch;
– Term of operation of the branch;
– Place of headquarters of the branch;
– Full name of the lawyer appointed as Head by the foreign law practice organization Branch with documents proving that the lawyer appointed by a foreign law-practicing organization as head of the branch has had at least 2 consecutive years of practicing law;
– Commitment of the foreign law-practicing organization to have at least 02 foreign lawyers, including the branch head, present and practicing in Vietnam. Each foreign lawyer must practice in Vietnam for 183 days or more in a continuous period of 12 months.
In case a foreign law-practicing organization establishes multiple branches in Vietnam, the total number of foreign lawyers present and practicing in Vietnam will also comply with the provisions of this clause;
– Estimated operating plan of the branch in Vietnam Male.
3. How is the process of converting a branch of a foreign law-practicing organization into a limited liability law firm with 100% foreign capital in Vietnam?
Pursuant to Clause 1, Article 34 of Decree 123/2013/ND-CP regulating the conversion of branches of foreign law-practicing organizations into a limited liability law firm with 100% foreign capital in Vietnam as follows:
– A branch of a foreign law-practicing organization in Vietnam can be converted into a 100% foreign-owned limited liability law firm in Vietnam on the basis of inheriting all rights and obligations of the old branch.
Application to convert a branch of a foreign law-practicing organization in Vietnam into a 100% foreign-owned limited liability law firm in Vietnam are sent to the Ministry of Justice. The dossier includes:
+ Application for conversion of a foreign law practice organization, which clearly states the foreign law practice organization’s commitment to inheriting all rights and obligations of the converted branches;
+ Draft Charter of a limited liability law firm with 100% foreign capital;
+ Copy of License Establishment and Operation Registration Certificate of converted branches;
+ List of lawyers expected to work at a 100% foreign-owned limited liability law firm;
+ Copy of documents proving the headquarters in case there is a change in the headquarters.
Within 30 days from the date of receipt of complete and valid documents, the Ministry of Justice Decision to issue a License to establish a limited liability law firm with 100% foreign capital in Vietnam; In case of refusal, it must be notified in writing and clearly state the reason.
Procedures for converting a branch of a foreign law-practicing organization into a 100% foreign-owned limited liability law firm in Vietnam:
Pursuant to Clause 2, Article 34 of Decree 123/2013/ND-CP stipulating the conversion procedures as follows:
Procedures for registering operations, publishing newspapers, and announcing the establishment of a limited liability law firm with 100% foreign capital are carried out in accordance with the provisions of Article 79 of the Law on Lawyers and Article 30 of this Decree.
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 “Process for converting a branch of a foreign law-practicing organization into a limited liability law firm with 100% foreign capital in Vietnam”, 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.
