Regulations on conditions for establishing law-practicing organizations under Vietnamese law

1. What conditions must be followed when establishing a law office?

According to Clause 15, Article 1 of the 2012 Amended Law on Lawyers, which regulates the conditions for establishing a law practice organization:

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

– Law-practicing organizations must have a working office.

According to Clause 15, Article 1 of the 2012 Law on Lawyers, which regulates law-practicing organizations including:

– Law offices lawyer;

– Law firm.

Thus, a law office is one of the organizations practicing law. To establish a law office you need to meet two conditions. Firstly, you have practiced law continuously for at least two years under a labor contract for a law practice organization or practiced as an individual under a labor contract for an agency or organization. Second, there must be documents proving the headquarters of your lawyer’s office, such as a rental contract or a house sale contract…

2. How does the law regulate the registration of law office operations?

According to Clause 15, Article 1 of the 2012 Amended Law on Lawyers, which regulates law-practicing organizations including Law Offices

According to Article 35 of the 2006 Law on Lawyers, which regulates the registration of law-practicing organizations as follows: following:

“Article 35. Registration of operations of law-practicing organizations

1. Law-practicing organizations register their operations at the Department of Justice in the locality where the Bar Association is located, of which the Head of the lawyer’s office or the 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 lawyer’s office is located. company.

2. Law-practicing organizations must have an operation registration dossier sent to the Department of Justice. Dossier to register the operation of a law-practicing organization includes:

a) Application for operation registration according to a uniform form;

b) Draft Charter of the law firm;

c) 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;

d) Documents proving the headquarters of the law-practicing organization.

3. 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-practicing 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.

4. A law-practicing organization may operate from the date it is granted an 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.”

Thus, to register the operation of a lawyer’s office, it is necessary to have an operation registration file sent to the Department of Justice. Documents include: Application for operation registration according to a uniform form. Copy of Law Practicing Certificate, copy of Lawyer Card of the lawyer establishing the law office. Documents proving the headquarters of the lawyer’s office.

3. When can a law practice organization’s operation registration certificate be revoked?

According to Article 17 of Decree 123/2013/ND-CP, amended by Clause 3, Article 1 of Decree 137/2018/ND-CP stipulates as follows:

Revocation of operation registration certificates of law-practicing organizations, branches of law-practicing organizations, and registration certificates of practicing law as individuals

1. The operation registration certificate of a law-practicing organization is revoked in one of the following cases:

a) Terminate operations according to the provisions of Clause 1, Article 47 of the Law on Lawyers;

b) Being sanctioned for administrative violations in the form of deprivation of the right to use the Operation Registration Certificate according to the provisions of law on handling of administrative violations;

c) Failure to register a tax code within 01 year from the date of issuance of the Operation Registration Certificate;

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

dd) Not operating again or without reports of continued suspension of operations for more than 06 months, from the date of expiration of the temporary suspension of operations according to the provisions of law.

Thus, If it falls into one of the above cases, the law practice organization’s operation registration certificate will be revoked.