Procedures establish limited liability law firm in Vietnam
1. Legal ground
- Law on lawyers 2006, the law on lawyer amending and supplementing some articles of the Law on Lawyers 2012;
- Decree No.123/2013/ND-CP;
- Circular No.17/2011/TT-BTP;
- Circular No.02/2015/TT-BTP;
- Circular No.130/2017/TT-BTC;
2. Condition of law firm establishment
- Article 34 The Law on Lawyers regulated that law firm including two forms are law partnership and limited liability law firm. Limited liability law firm includes one-member limited liability law firm and limited liability law firm with two or more members.
- Members of law firm must be lawyers. Limited liability law firm with two or more members shall agree to nominate one of them to be the firm’s Director. For one-member limited liability law firm, lawyer being the owner is the firm’s Director.
-Condition that individual need to meet includes having the law bachelor diploma; having been trained course in lawyer training facilities with twelve months-training. After being issued the certificate of graduation form from lawyer training facilities, individual must apprentice in legal profession organization with probationary time being twelve months; the lawyer who guides the individual in probationary time must have three years of practice law experience at least. After completing probationary time, probationer must pass the examination of issuing the certificate of law practice organized by Federation of Vietnamese Lawyers. The probationer who reach the requires of inspection shall apply the dossier to be issued the certificate of law practice and send to the management board of the bar association. After having the certificate of law practice, lawyer has to join one bar association and pay full joining fee.
3. The registration dossier
|
No. |
Name of documents |
Quantity |
Form |
Note |
|
1 |
Application of Registration of establishment of limited liability law firm |
1 |
Original |
- For establishment of one-member limited liability law firm: According to the form TP-LS-02 Circular No.02/2015/TT-BTP - For establishment of limited liability law firm with two or more members: According to the form TP-LS-03 Circular No.02/2015/TT-BTP |
|
2 |
Article of Association of law firm |
1 |
Certified copy |
Main contents of regulation including: - Name, headquarter address. - Type of law firm. - Business lines. - First name, last name, residence address of lawyer being the owner (for limited liability law company with one member) or member lawyers (for limited liability law company with two or more members). - Rights and obligations of lawyer being the owner or member lawyers. - Condition and procedures joining or withdraw name from the list of member lawyers (for limited liability law company with two or more members) - Organizational structure, management and administration. - Formula of approving decisions and resolutions; principles of internal dispute resolution. - Principles of profit sharing and responsibility of member lawyers for obligations of law firm (for limited liability law company with two or more members) - Cases of suspension, termination of operation and assets liquidation procedures. - Formula of amendment and supplement, additional Article of Association of law firm. Regulation of law firm must have signature of lawyer being the owner or of all member lawyers. |
|
3 |
The certificate of law practice, Lawyer card of lawyer establishing or joining law firm |
1 |
Certified copy |
|
|
4 |
Documents prove about headquarter address of law firm |
1 |
Certified copy |
- In case hiring headquarters must have rental contract. - In case using private houses as offices must have text define location, acreage use for headquarter address. |
4. Procedures of establishment
- Competent Authority: Local Department of Justice where Bar Association is located and Director of law firm is member. Law firm is established by lawyers in different bar associations, which joins together to establish registered in local Department of Justice where law firm's headquarters is located.
- Processing time: 10 working days, from the date of receipt of valid and complete dossier.
- Operation registration certificate of limited liability law firm shall be made in 2 copies; one is issued for organization of law practice, the other is saved in Department of Justice.
- Within 07 working days, from the day of issuing the operation registration certificate for law practice organization, Department of Justice must notice in written to tax agency, statistical agency, other competent state agencies, District People's Committee, Commune People's Committee and Bar Association where organization of law practice sets headquarter.
- Law-practicing organizations must pay operation registration fees at the registration rate of VND 100,000.
- After being granted an operation registration certificate, the law-practicing organization shall engrave and use its seal in accordance with the law on management and use of seals.
