Chương VI Thông tư 17/2011/TT-BTP hướng dẫn quy định Luật sư, Nghị định hướng dẫn Luật: Chế độ báo cáo, cách thức gửi hồ sơ và các mẫu giấy tờ kèm theo

Chapter VI

REPORTING REGULATIONS, METHODS OF SENDING DOSSIERS AND ENCLOSED FORMS

Article 31. Regular reporting

1. Biannually and annually, the Vietnam Bar Federation shall make and submit reports on law practice organization and activities to the Ministry of Justice; bar associations shall make and submit reports on law practice organization and activities to the Ministry of Justice, the Vietnam Bar Federation and provincial-level Justice Departments of the localities in which the bar associations are based.

Biannual and annual reports of lawyers’ socio-professional organizations shall be submitted before April 10 and October 10 every year, respectively.

2. Biannually and annually, Vietnamese law-practicing organizations and independent law practitioners shall make and submit reports on their organizations and activities to bar associations and provincial-level Justice Departments of localities in which lawyers’ socio-professional organizations or lawyers’ transaction points are based; foreign lawyers’ socio-professional organizations in Vietnam shall make and submit reports on their organizations and activities to the Ministry of Justice and provincial-level Justice Departments of localities in which they are based.

Biannual and annual reports of Vietnamese law-practicing organizations, independent law practitioners and foreign law-practicing organizations in Vietnam shall be submitted before April 5 and October 5 every year, respectively.

3. Biannually and annually, provincial-level Justice Departments shall make and submit reports on law practice organization and activities in their localities to the Ministry of Justice and provincial-level People’s Committees.

Biannual and annual reports of provincial-level Justice Departments shall be submitted before April 15 and October 15 every year, respectively.

4. The biannual report covers the period from October 1 of the preceding year to March 31 of the following year. The annual report covers the period from October 1 of the preceding year to September 30 of the following year.

Article 32. Reporting contents

1. The report of a provincial-level Justice Department contains the following major contents:

a/ Summary of the law practice organization and activities in the locality;

b/ Achievements, difficulties and problems and their causes, paying

attention to evaluation of the development of the contingent of lawyers and law-practicing organizations; building of party organizations in the bar association; lawyers’ professional practice in the locality; autonomy of the bar association; performance of state management of lawyers and law practice in the locality;

c/ Proposals and recommendations.

2. The report of a lawyers’ socio-professional organization contains the following major contents:

a/ Summary of the law practice organization and activities in the lawyers’ socio-professional organization;

b/ Achievements, difficulties and problems and their causes, paying attention to evaluation of the development of the contingent of lawyers and the law-practicing organization; organization and activities of the bar association; building of party organizations and admission of new party members in the bar association and the Vietnam Bar Federation; autonomy of the lawyers’ socio-professional organization; international cooperation of the lawyers’ socio-professional organization; combination of state management with promotion of autonomy of the lawyers’ socio- professional organization;

c/ Proposals and recommendations.

3. The report of a Vietnamese law-practicing organization, an independent law practitioner or a foreign law-practicing organization in Vietnam contains the following major contents:

a/ Summary of the organization and activities of the law-practicing organization;

b/ Achievements, difficulties and problems and their causes;

c/ Proposals and recommendations.

Article 33. Irregular reporting

1. Provincial-level Justice Departments shall irregularly report on law practice organization and activities in their localities at the request of the Ministry of Justice or provincial-level People’s Committees.

2. The Vietnam Bar Federation shall irregularly report on law practice organization and activities at the request of the Ministry of Justice.

3. Bar associations shall irregularly report on law practice organization and activities in their localities at the request of the Ministry of Justice or provincial-level Justice Departments.

4. Vietnamese law-practicing organizations, independent law practitioners and foreign law-practicing organizations in Vietnam shall irregularly report on their organizations and activities at the request of the Ministry of Justice or provincial-level Justice Departments.

Article 34. Obligations of law-practicing organizations and lawyers’ socio- professional organizations in reporting and dossier and book making

1. Vietnamese law-practicing organizations, independent law practitioners and foreign law-practicing organizations in Vietnam shall strictly fulfill the reporting obligations under Clauses 7 and 8, Article 40 of the Law on Lawyers, Articles 31, 32 and 33 of this Circular, and the Justice Ministry’s Circular No. 08/2011/TT-BTP guiding statistical work of the justice sector.

Vietnamese law-practicing organizations and foreign law-practicing organizations in Vietnam shall make dossiers and books according to the forms provided in Clauses 23, 24, 25 and 26, Article 36 of this Circular and the laws on labor, taxes, finance and accounting.

Independent law practitioners shall make dossiers and books according to the forms provided in Clauses 24, 25 and 26, Article 36 of this Circular and the laws on labor, taxes, finance and accounting.

2. Lawyers’ socio-professional organizations shall strictly fulfill the reporting obligations under Articles 31, 32 and 33 of this Circular.

Lawyers’ socio-professional organizations shall make dossiers and books according to the forms provided in Clauses 23, 26, 27 and 28, Article 36 of this Circular and related laws.

3. Reports, dossiers and books shall be kept under the law on archives.

Article 35. Numbers and methods of sending dossiers

1. Applicants for recognition of certificates of overseas lawyer training, and grant and re-grant of law practice certificates; foreign branches and law firms applying for re-grant of establishment licenses, foreign lawyers applying for grant, re-grant and extension of permits for law practice in Vietnam, and branches of foreign law-practicing organizations in Vietnam transformed into foreign law firms in Vietnam shall submit one set of dossier directly or by post to the Ministry of Justice. For dossiers required of fees, such fees may be paid directly or transferred to the Ministry of Justice’s account, which is published on the website of the Ministry of Justice.

2. Law-practicing organizations changing their at-law representatives or setting up transaction offices; lawyer offices changing form of law-practicing organization; foreign branches or law firms applying for grant or re-grant of their operation registration certificates shall submit one set of dossier directly or by post to provincial-level Justice Departments of the localities in which law-practicing organizations are based. For dossiers required of fees, such fees may be paid directly or transferred to accounts of provincial-level Justice Departments.

Article 36. Forms promulgated together with this Circular

1. Written request for a law practice certificate;

2. Resume;

3. Written request for operation registration of a lawyer office or one- member limited liability law firm;

4. Written request for operation registration of a law partnership or limited liability law firm with two or more members;

5. Written request for operation registration of a branch of a law-practicing organization;

6. Written request for law practice registration of an independent law practitioner;

7. Written request for change of registered operations of a law-practicing organization;

8. Operation registration certificate of a lawyer office or one-member limited liability law firm;

9. Operation registration certificate of a law partnership or limited liability law firm with two or more members;

10. Operation registration certificate of a branch of a law-practicing organization;

11. Law practice registration certificate of an independent law practitioner;

12. Application for establishment of a branch of a foreign law-practicing organization or a wholly foreign-owned law firm in Vietnam;

13. Application for establishment of a limited liability law firm as a joint venture in Vietnam;

14. Application for establishment of a foreign law firm branch in Vietnam;

15. Application for a permit for law practice in Vietnam of a foreign lawyer;

16. Application for operation registration of a foreign law-practicing organization in Vietnam;

17. Application for operation registration of a foreign law firm branch in Vietnam;

18. Operation registration certificate of a branch of a foreign law-practicing organization;

19. Operation registration certificate of a wholly foreign-owned law firm in Vietnam;

20. Operation registration certificate of a limited liability law firm as a joint venture in Vietnam;

21. Operation registration certificate of a foreign law firm branch;

22. Agreement on legal service provision;

23. Incoming/outgoing correspondence record book;

24. Employee recruitment record book;

25. Record book on legal service contracts/agreements on legal service provision;

26. Record book on participation in judicial proceedings in criminal cases at the request of procedure-conducting agencies/free legal assistance;

27. Record book on commendation, disciplining and violation handling;

28. Record book on complaints and their settlement;

29. Operation registration book.

All the above forms are not printed herein.