Chapter II
LAW-PRACTICING ORGANIZATIONS
Article 3.- Written requests for registration of operations of law-practicing organizations
A written request for registration of operations of a law-practicing organization has the following principal contents:
1. The name of the lawyer's office or the law firm.
2. The address of its head office.
3. The full names and permanent residence addresses of the chief of the lawyer's office or the owner (of a one-member limited liability law firm) or members (of a limited liability law firm with two or more members or a law partnership).
4. The full name of the at-law representative (of a limited liability law firm with two or more members or a law partnership).
5. The domains of law practice.
The Justice Ministry shall specify a model written request for registration of operations of law-practicing organizations.
Article 4.- Charters of law firms
The charter of a law firm has the following principal contents:
1. The name and address of the firm's head office.
2. The type of the law firm.
3. The domains of its law practice.
4. The full names and permanent residence addresses of the owner (of a one-member limited liability law firm) or members (of a limited liability law firm with two or more members or a law partnership).
5. The rights and obligations of the owner or members.
6. The capital portions contributed by the members (of a limited liability law firm with two or more members).
7. The conditions and procedures for inclusion in, or withdrawal from, the list of members (of a limited liability law firm with two or more members or a law partnership).
8. The organizational, managerial and executive apparatuses.
9. The procedures for approval of decisions and resolutions; principles for settlement of internal disputes.
10. The principles for profit sharing and responsibilities of members for the firm's obligations (for a limited liability law firm with two or more members or a law partnership).
11. Cases of suspension or termination of operation and procedures for asset liquidation.
12. The procedures for amendment and supplementation of the charter of the law firm.
The charter of a law firm must bear the signature of the owner or those of all members of the firm.
Article 5.- Registration of operations of law-practicing organizations
1. A lawyer's office or limited liability law firm with two or more members shall register operations with the Justice Service of the province or city where exists the bar association of which the chief of the office or the director of the firm is a member.
A law partnership or a limited liability law firm with two or more members whose members all join a bar association shall register operations with the Justice Service of the province or city where that bar association exists.
A law partnership or a limited liability law firm with two or more members whose members join different bar associations shall register operations with the Justice Service of the province or city where it is headquartered.
2. Procedures for registration of operations of law-practicing organizations shall comply with the provisions of Article 35 of the Law on Lawyers.
3. An operation registration paper of a lawyer's office or a law firm shall be made in two copies, one to be granted to the lawyer's office or the law firm and the other to be kept at the provincial/municipal Justice Service.
4. Within 7 days after granting an operation registration paper to a lawyer's office or a law firm, the provincial/municipal Justice Service shall send its copies to the local tax office and the Justice Ministry.
5. Lawyer's offices and law firms shall pay an operation registration fee at the business registration fee rate set for enterprises.
6. After being granted operation registration papers, lawyers' offices and law firms may engrave and use seals in accordance with the seal law.
Article 6.- Operation registration papers of law-practicing organizations
An operation registration paper of a law-practicing organization has the following principal contents:
1. The name and address of its head office;
2. The domains of its practice;
3. The full name of its at-law representative;
4. The full name and permanent residence address of its members.
The Justice Ministry shall specify the form of operation registration papers of law-practicing organizations.
Article 7.- Registration of operations of branches of law-practicing organizations
1. Procedures for registration of operations of branches of law-practicing organizations shall comply with the provisions of Article 41 of the Law on Lawyers. Within seven days after being granted a branch's operation registration paper, a law-practicing organization shall send notify such in writing to the Justice Service of the province or city where it is headquartered and to the bar association in the locality where its branch is based.
2. When registering operations of their branches, lawyers' offices and law firms shall pay a registration fee at the rate set for registration of the setting up of enterprise branches.
3. After being granted operation registration papers, branches of law-practicing organizations may use their seals in accordance with the seal law.
Article 8.- Transformation of limited liability law firms
1. A one-member limited liability law firm may be transformed into a limited liability law firm with two or more members and vice versa.
2. When a one-member limited liability law firm is transformed into a limited liability law firm with two or more members or vice versa, the director of the law firm shall send the transformation dossier to the provincial/municipal Justice Service with which the firm has registered its operations. Such a dossier comprises:
a/ A written request for transformation, clearly stating the transformation purpose and reason;
b/ The draft charter of the new law firm;
c/ The list of members or owners of the new law firm;
d/ The granted operation registration paper.
3. Within 7 working days after receiving a complete dossier or transformation papers specified in Clause 2 of this Article, the provincial/municipal Justice Service shall grant an operation registration paper to the limited liability law firm in accordance with the Law on Lawyers.
Article 9.- Employment of foreign lawyers by law-practicing organizations
Law-practicing organizations may sign labor contracts to employ foreign lawyers who have been granted permits to practice law in Vietnam. Rights and obligations of foreign lawyers employed by law-practicing organizations are agreed in contracts in accordance with the Law on Lawyers, this Decree and relevant laws.
Within 7 working days after signing a contract to employ a foreign lawyer, a law-practicing organization shall send a written notice thereof to the provincial/municipal Justice Service where it has registered operations, enclosed with the employment contract.
Within 7 working days after terminating a foreign lawyer employment contract, the law-practicing organization shall notify such in writing to the provincial/municipal Justice Service where it has registered operations.
Tìm kiếm
Nghị định 28/2007/NĐ-CP (Bản Word)