Chapter VI
REPORTING AND ATTACHED FORMS
Article 23. Reporting
1. Annually, every Vietnamese law-practicing organization and lawyer in private practice shall send reports on lawyer-related operation to the Bar Association and the Department of Justice of province/city where the Vietnamese law-practicing organization is located or with which the lawyer in private practice registers. Every foreign law-practicing organization in Vietnam shall send a report on lawyer-related operation to the Ministry of Justice and the Department of Justice of province/city where it is located.
The annual report of Vietnamese law-practicing organization, lawyer in private practice and foreign law-practicing organization in Vietnam shall be sent no later than the 5th day of the last month of the reporting period.
Vietnamese law-practicing organizations shall update data on their operation every six months according to the form promulgated together with the Circular No. 03/2019/TT-BTP dated March 20, 2019 of the Minister of Justice on statistical activities of the Justice sector; or send ad-hoc reports on their operation at the request of the Ministry of Justice or the Department of Justice.
2. Annual reports of socio-professional organizations of lawyers shall comply with Articles 22 and 25 of the Government's Decree No. 123/2013/ND-CP dated October 14, 2013 on elaboration and implementation of the Lawyer Law. The annual report of the Bar Association shall be sent no later than the 10th day of the last month of the reporting period; the annual report of the Vietnam Bar Federation shall be sent no later than the 15th day of the last month of the reporting period.
3. The Department of Justice shall send annual reports on lawyer-related operation in the province/city to the Ministry of Justice and the People's Committee of province. The content of the report of the Department of Justice sent to the Ministry of Justice is shown in the annual report on judicial work performance in accordance with Circular No. 12/2019/TT-BTP dated December 31, 2019 of the Minister of Justice on routine reports under the management of the Ministry of Justice.
Ad-hoc reports on lawyer-related operation in the province/city shall be sent at the request of the Ministry of Justice or the People's Committee of the province.
4. Report forms and data closing time shall conform to 12/2019/TT-BTP dated December 31, 2019 of the Minister of Justice on routine reports under the management of the Ministry of Justice.
Article 24. Report contents
1. A report of the Department of Justice shall at least contain:
a) Summary of lawyer-related operation in the province/city;
b) Achievements, difficulties, problems and causes related to the development of lawyers and law-practicing organizations; practice activities of lawyers; performance of tasks of regulatory agencies of lawyers and law practice in the province/city; evaluation of the autonomy performance of the Bar Association; Party organizations in the Bar Association;
c) Proposals, recommendations.
2. A report of a socio-professional organization of lawyers shall at least contain:
a) Summary of lawyer-related operation in the socio-professional organization of lawyers;
b) Achievements, difficulties, problems and causes for the development of lawyers and law-practicing organizations; law practice activities; operation of the Bar Association, the Vietnam Bar Federation; autonomy performance of the socio-professional organization of lawyers; Party organizations, new Party members in the Bar Association, the Vietnam Bar Federation; international cooperation of the socio-professional organization of lawyers;
c) Proposals, recommendations.
3. A report of a Vietnamese law-practicing organization, a lawyer in private practice or a foreign law-practicing organization in Vietnam shall at least contain:
a) Summary of lawyer-related operation in the law-practicing organization;
b) Achievements, difficulties, problems and causes;
c) Proposals, recommendations.
Article 25. Obligations of law-practicing organizations, lawyers, and socio-professional organizations of lawyers in reporting and keeping records
1. Vietnamese law-practicing organizations, lawyer in private practice, and foreign law-practicing organizations in Vietnam shall perform reporting obligations as prescribed in Clause 8, Article 40 of the Lawyer Law, guidance in Articles 23 and 24 of this Circular and Circular No. 03/2019/TT-BTP dated March 20, 2019 of the Minister of Justice on statistical activities of the Justice sector.
Vietnamese law-practicing organizations shall keep records according to the forms specified in Clauses 35, 36, 37 and 38, Article 26 of this Circular, according to the law on labor and taxation, finance, accounting, statistics and other relevant laws.
Foreign law-practicing organizations in Vietnam shall keep records according to the forms specified in Clauses 35, 36 and 37, Article 26 of this Circular, according to the law on labor and taxation, finance, accounting, statistics and other relevant laws.
2. Socio-professional organizations of lawyers shall fully perform the reporting obligations as prescribed in Articles 23 and 24 of this Circular.
Socio-professional organizations of lawyers shall keep records according to the forms specified in Clauses 35, 38, 39 and 40, Article 26 of this Circular and according to other relevant laws.
3. Law-practicing organizations, socio-professional organizations of lawyers may keep electronic records. At the end of the year, the law-practicing organizations and the socio-professional organizations of lawyers must print and bind records in volumes and affix fanstamps thereon as prescribed by law. The archiving of reports and records shall conform to the law on archiving.
Article 26. Forms of documents and records
1. Application for issuance, reissuance of lawyer practicing certificate (Form TP-LS-01);
2. Application for registration of operation of law office, single-member limited liability law firm (Form TP-LS-02);
3. Application for registration of operation of law firm partnership, multiple-member limited liability law firm (Form TP-LS-03);
4. Application for registration of operation of branch of law-practicing organization (Form TP-LS-04);
5. Application for registration of lawyer in private practice (Form TP-LS-05);
6. Application for change of operation registration of law-practicing organization (Form TP-LS-06);
7. Notice of establishment of transaction office (Form TP-LS-07);
8. Operation registration certificate of a law office, single-member limited liability law firm (Form TP-LS-08);
9. Operation registration certificate of law firm partnership, multiple-member limited liability law firm (Form TP-LS-09);
10. Operation registration certificate of branch of law-practicing organization (Form TP-LS-10);
11. Certificate of registration of lawyer in private practice (Form TP-LS-11);
12. Application for establishment of branch of foreign law-practicing organization in Vietnam (Form TP-LS-12);
13. Application for establishment of wholly foreign-owned limited liability law firm in Vietnam (Form TP-LS-13);
14. Application for establishment of limited liability law firm in form of joint venture in Vietnam (Form TP-LS-14);
15. Application for establishment of law firm partnership between a foreign law-practicing organization and a Vietnamese law firm (Form TP-LS-15);
16. Application for the establishment of branch of foreign law firm in Vietnam (Form TP-LS-16);
17. Application for re-issuance of or change in the establishment license of branch or foreign law firm (Form TP-LS-17);
18. An application for issuance of license to practice law in Vietnam to a foreign lawyer (Form TP-LS-18);
19. An application for re-issuance or extension of license to practice law in Vietnam to a foreign lawyer (Form TP-LS-19);
20. Application for registration of branch of foreign law firm in Vietnam (Form TP-LS-20);
21. Operation registration certificate of branch of foreign law-practicing organization in Vietnam (Form TP-LS-21);
22. Operation registration certificate of wholly foreign-owned limited liability law firm in Vietnam (Form TP-LS-22);
23. Operation registration certificate of limited liability law firm in form of joint venture in Vietnam (Form TP-LS-23);
24. Operation registration certificate of law firm partnership between a foreign law-practicing organization and a Vietnamese law firm partnership (Form TP-LS-24);
25. Operation registration certificate of branch of foreign law firm in Vietnam (Form TP-LS-25);
26. Application for re-issuance of or change in the operation registration certificate of branch or foreign law firm (Form TP-LS-26);
27. Application for recognition of overseas lawyer training (Form TP-LS-27);
28. Application for consolidation or merger of Vietnamese law firm (Form TP-LS- 28);
29. Application for conversion of the form of Vietnamese law-practicing organization (Form TP-LS-29);
30. Application for consolidation or merger of foreign law firm (Form TP-LS-30);
31. Application for conversion of branch of foreign law-practicing organization into wholly foreign-owned limited liability company in Vietnam (Form TP-LS-31);
32. Application for conversion of foreign law firm into Vietnamese law firm (Form TP-LS-32);
33. Report on organization and operation of Vietnamese law-practicing organization (Form TP-LS-33);
34. Report on organization and operation of foreign law-practicing organization in Vietnam (Form TP-LS-34);
35. Record of outgoing/incoming documents (Form TP-LS-35);
36. Employment record (Form TP-LS-36);
37. Legal service contract record (Form TP-LS-37);
38. Record of participation in criminal proceedings at the request of presiding agencies/free legal aid providers (Form TP-LS-38);
39. Record of commendation, discipline, and actions against violations (Form TP-LS-39);
40. Record of complaints, whistleblowing reports, and handling thereof (Form TP-LS-40);
41. Operation register (Form TP-LS-41).
Tìm kiếm
Thông tư 05/2021/TT-BTP (Bản Word)
Thông tư 05/2021/TT-BTP (Bản Pdf)