Chương 5 Nghị định 28/2007/NĐ-CP: Hành nghề của tổ chức hành nghề luật sư nước ngoài, luật sư nước ngoài tại việt nam

Chapter V

LAW PRACTICE BY FOREIGN LAW-PRACTICING ORGANIZATIONS AND FOREIGN LAWYERS IN VIETNAM

Article 14.- Names of foreign law-practicing organizations in Vietnam

1. The name of a foreign law-practicing organization in Vietnam must include the words "chi nhanh" (branch), the name of the foreign law-practicing organization and the name of the province or centrally run city where the branch is located.

2. The name of a foreign-owned law firm in Vietnam must include the phrase "cong ty luat trach nhiem huu han" (limited liability law firm) and the name of the foreign law-practicing organization.

3. The name of a joint-venture law firm between a foreign law-practicing organization and a Vietnamese one shall be selected and agreed upon by concerned parties and must include the phase "cong ty luat trach nhiem huu han" (limited liability law firm."

Article 15.- Applications for setting up of branches

An application for setting up of a branch has the following principal contents:

1. The name, nationality and address of the head office of the foreign law-practicing organization.

2. The name of the branch.

3. The domains of its law practice.

4. The term of operation of the branch.

5. The location of the branch's office.

6. The full name of the lawyer appointed as the branch's head by the foreign law-practicing organization.

Article 16.- Applications for establishment of foreign law firms

An application for establishment of a foreign law firm has the following principal contents:

1. The name, nationality and address of the head office of the foreign law-practicing organization; the name, address of the head office of the Vietnamese law-practicing organization, for a joint venture.

2. The name of the foreign law firm.

3. The domains of its law practice.

4. The term of its operation.

5. The location of its head office.

6. The full name of the lawyer appointed as its director.

Article 17.- Language and consular legalization

1. Applications for setting up of branches or foreign law firms in Vietnam and foreign lawyers' applications for certificates of law practice in Vietnam shall be made in Vietnamese. Enclosed papers, if in foreign languages, shall be translated into Vietnamese and the translations shall be authenticated under the provisions of Vietnamese law.

2. Papers granted by foreign agencies or organizations or notarized or authenticated in foreign countries shall be consularly legalized in accordance with Vietnamese law, unless they are exempted from consular legalization under a treaty to which the Socialist Republic of Vietnam is a contracting party.

Article 18.- Publication on newspapers, notification of establishment of foreign law-practicing organizations in Vietnam

Within 15 days after being granted an operation registration paper, a foreign law-practicing organization in Vietnam shall publish in a central or local newspaper for three consecutive issues, and notify in writing the bar association and tax office of the locality where it is headquartered, of the following principal contents:

1. The name and address of the head office of the foreign law-practicing organization in Vietnam.

2. The domain of its law practice;

3. The full name of the head of the branch or director of the foreign law firm.

Article 19.- Consolidation of foreign law firms

Two or more foreign law firms may reach agreement on consolidation into a new one.

Consolidation procedures are as follows:

1. Foreign law firms shall prepare a consolidation contract and a contract on the establishment of a new foreign law firm. The consolidation contract must specify consolidation procedures and conditions; the labor use plan; the time limit, procedures and conditions for handover of assets; and the consolidation time limit.

Within 10 days after receiving a valid consolidation application and dossier, the Justice Ministry shall approve the consolidation by granting a license for the establishment of a new foreign law firm; in case of refusal, it shall notify in writing the reason.

2. Procedures for operation registration, publication on newspapers and notification of the establishment of a new foreign law firm are as defined in Article 79 of the Law on Lawyers and Article 18 of this Decree.

3. After the new foreign law firm is granted an operation registration paper, the old ones no longer exist. The new foreign law firm is entitled to legitimate rights and interests, takes responsibility for unpaid debts and legal service contracts being carried out as well as labor contracts signed with lawyers and employees and other asset liabilities of the foreign law firms.

Article 20.- Merger of foreign law firms

One or some foreign law firms may be merged into another one.

Procedures for merger of foreign law firms are as follows:

1. Relevant foreign law firms shall prepare a merger contract which must specify the labor use plan; the time limit, procedures and conditions for handover of assets; the merger procedures and time limit.

2. The merging foreign law firm needs not register operations but only fill in procedures for changes in the contents of its establishment license under the provisions of Article 80 of the Law on Lawyers.

The merging foreign law firm is entitled to legitimate rights and interests, takes responsibility for unpaid debts and legal service contracts being carried out, labor contracts signed with lawyers and employees and other asset liabilities of the merged foreign law firm(s).

Article 21.- Suspension of operations

1. A foreign law-practicing organization in Vietnam shall suspend operations in one of the following cases:

a/ It decides on the suspension of operations by itself;

b/ It is administratively sanctioned in the form of suspension of operations for a given period.

2. When a foreign law-practicing organization in Vietnam suspends operations under the provisions of Point a, Clause 1 of this Article, it shall notify such in writing to the Justice Ministry within 30 days before the expected date of suspension.

A foreign law-practicing organization in Vietnam may suspend operations on the date the Justice Ministry issues a written approval thereon.

3. Within 15 days after getting a written approval from the Justice Ministry or a decision on suspension of its operations, the foreign law-practicing organization in Vietnam shall notify in writing the suspension of its operations to the provincial/municipal Justice Service, the bar association and the tax office of the locality where it is headquartered.

4. During the time of suspension of its operations, a foreign law-practicing organization in Vietnam shall fully pay outstanding tax debts and other debts; take responsibility for legal service contracts signed with clients as well as labor contracts signed with its lawyers and employees, unless it is otherwise agreed upon by concerned parties.

5. At least 30 days before resuming its operations, a foreign law-practicing organization in Vietnam shall send a report on the resumption to the Justice Ministry, the provincial/municipal Justice Service, the bar association and the tax office of the locality where it is headquartered.

Article 22.- Termination of operation

1. A foreign law-practicing organization in Vietnam shall terminate its operations in one of the following cases:

a/ It terminates its operations by itself;

b/ Its license is revoked.

2. In case of self-termination of operations, at least 30 days before the expected time of termination, the foreign law-practicing organization in Vietnam shall notify such in writing to the Justice Ministry, the provincial/municipal Justice Service and the tax office of the locality where it is headquartered.

Within 15 days after receiving a written notice of termination of operations of a foreign law-practicing organization in Vietnam, the Justice Ministry shall issue a decision thereon.

Before terminating its operations, a foreign law-practicing organization in Vietnam shall fully pay outstanding tax debts and other debts; complete procedures for termination of labor contracts signed with its lawyers and employees; and liquidate legal service contracts signed with its clients, unless it is otherwise agreed upon.

3. When a foreign law-practicing organization in Vietnam has its establishment license revoked, within 60 days after getting the Justice Ministry's decision on termination of its operations or decision on license revocation, it shall fully pay the outstanding tax debts and other debts; complete procedures for termination of labor contracts signed with its lawyers and employees; and liquidate legal service contracts signed with its clients, unless otherwise agreed upon.

The foreign law-practicing organization in Vietnam shall send to the Justice Ministry, the provincial/municipal Justice Service, the bar association and the tax office of the locality where it is headquartered a report on the completion of the above procedures; turn in its license to the Justice Ministry, its operation registration paper to the provincial/municipal Justice Service and its seal to the agency competent to grant and register the use of seals.

Article 23.- Fees

Foreign law-practicing organizations in Vietnam and foreign lawyers applying for establishment licenses, operation registration, changes in the contents of their licenses or practice licenses in Vietnam shall pay fees in accordance with the law on charges and fees.