What documents do I need to prepare to open a law office? What are the procedures for registering to open a law office?

What documents do you need to prepare to open a law office?

Pursuant to Clause 2, Article 35 of the 2006 Law on Lawyers, which regulates the registration of operations of law-practicing organizations such as following:

“Article 35. Registering the operation of a law-practicing organization

2. A law-practicing organization must have an operation registration dossier sent to the Department of Justice. A law-practicing organization’s operation registration dossier includes:

a) An application for operation registration according to the standard form. most;

b) Draft Charter of the law firm;

c) Copy of the Law Practicing Certificate, copy of the Lawyer’s Card of the lawyer establishing a law office, establishing or participating in establishing a law firm;

d) Documents proving the headquarters of the law practice organization.”

It should be noted that the content of the application for registration of operation of a law-practicing organization must contain the following contents as prescribed in Article 6 of Decree 123/2013/ND-CP as follows:

“Article 6. Application for registration of operation of a law-practicing organization

A request for registration of operation of a law-practicing organization includes the following main contents:

1. Name of the law office, law firm;

2. Head office address office;

3. Full name, permanent address of lawyer Head of law office or owner lawyer (for one-member limited liability law firm) or member lawyers (for limited liability law firm with two or more members and partnership law firm);

4. Full name, number and date of issuance of the lawyer’s card of the legal representative law;

5. Field of practice.”

 

What are the procedures for registering to open a law office?

Registration of a law office according to Clause 1, Clause 3 and Clause 4, Article 35 of the 2006 Law on Lawyers is as follows:

“Article 35. Registration activities of law-practicing organizations

1. Law-practicing organizations register their operations at the Department of Justice in the locality where the Bar Association of which the Head of the Law Office or Director of the Law Firm is a member is located. 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’s headquarters is located.

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 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.

4. A law-practicing organization may operate from the date of issuance of the Operation Registration Certificate.

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

Thus, according to the legal regulations mentioned above, after you submit all documents to the Department of Justice, within 10 days the Department of Justice will issue an operation registration certificate for your law practice organization. Within seven working days from the date of issuance of the Certificate of Operation Registration for your law office, specifically the Head of the Law Office or Director of the company must notify in writing along with a copy of the Certificate of Operation Registration to the Bar Association that has registered its membership. After being granted an operation registration certificate, the law-practicing organization must publish the contents of the law-practicing organization’s operation registration.

When naming a law office, do you need to follow any rules?

According to Clause 2, Article 33 of the 2006 Law on Lawyers, there are regulations on the name of a law office as follows:

“Article 33. Law Office

2. 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.”

From the above regulations, when naming, you need to pay attention to naming your office so as not to cause confusion with the name of another law-practicing organization, be careful in using words and symbols that violate historical traditions, culture, ethics and fine customs of the nation, and must include the phrase “law office” in the name of the law office you establish.