Thông tư 05/2021/TT-BTP

CIRCULAR

ON GUIDELINES AND IMPLEMENTATION OF THE LAWYER LAW, DECREE ON ELABORATION AND IMPLEMENTATION OF THE LAWYER LAW

Pursuant to the Lawyer Law dated June 29, 2006; the Law on amendments to the Lawyer Law dated November 20, 2012;

Pursuant to the Government’s Decree No. 96/2017/ND-CP dated August 16, 2017 defining functions, tasks, entitlements and organizational structure of the Ministry of Justice;

Pursuant to the Government's Decree No. 123/2013/ND-CP dated October 14, 2013 on elaboration and implementation of the Lawyer Law; the Government's Decree No. 137/2018/ND-CP dated October 8, 2018 on amendments to the Government's Decree No. 123/2013/ND-CP dated October 14, 2013 on elaboration and implementation of the Lawyer Law;

At the request of Director of Department of Judicial Assistance;

The Minister of Justice promulgates a Circular on guidelines and implementation of the Lawyer Law, Decree on elaboration and implementation of the Lawyer Law.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular set forth recognition of overseas lawyer training; proof of exemption from law practice training and exemption from or reduction in legal traineeship period; revocation, reissuance of the law practice certificate; law practicing certificate; head of branch, change in operation registration of branch and notice of establishment of transaction office of law-practicing organization; reissuance of establishment license, operation registration certificate of foreign law-practicing organization, foreign lawyer practicing certificate in Vietnam; the Lawyers’ Congress of Bar Association, National Congress of Bar Delegates; inspection, reporting, and certain forms on lawyer-related activities and operation. Article 2. Regulated entities

This Circular applies to applicants for recognition of overseas lawyer training, applicants for issuance or reissuance of law practicing certificates, lawyers, law-practicing organizations, socio-professional organizations of lawyers, regulatory agencies in charge of lawyers and law practice, and related individuals, agencies and organizations.

Chapter II

RECOGNITION OF OVERSEAS LAWYER TRAINING; PROOF OF EXEMPTION FROM LAW PRACTICE TRAINING, AND EXEMPTION FROM OR REDUCTION IN LEGAL TRAINEESHIP PERIOD; REVOCATION, REISSUANCE OF THE LAW PRACTICE CERTIFICATE

Article 3. Recognition of overseas law training

1. The certificate of completion of the overseas lawyer training program is recognized in the following cases:

a) The certificate of completion of the overseas lawyer training program which issued by the foreign training institution within the scope of application of the agreement on equivalence of diplomas or mutual recognition of qualifications; or international treaty related to the diploma to which the Socialist Republic of Vietnam has signed;

b) The certificate of completion of the overseas lawyer training program which is issued by the training institution the training program of which has been recognized by the accreditation body of that country, or the training institution that is allowed, by the competent authority of that country, to establish and issue diplomas, certificates of graduation of overseas lawyer training.

2. Those who have completed the lawyer training program abroad and wish to be recognized in Vietnam, must submit their applications online via the Public Service Portal of the Ministry of Justice or via the postal system or in person at the Ministry of Justice. The application includes:

a) Application for recognition of overseas law training;

b) A copy of the certificate of completion of the overseas lawyer training program; or any document proving that he/she falls into one of the cases specified in Clause 1 of this Article;

c) A copy of the performance result of the overseas lawyer training.

The documents specified in Points b and c of this Clause must bear consular authentication in accordance with law and translated into Vietnamese; the Vietnamese translation must be notarized or authenticated in accordance with Vietnamese law.

3. Within 15 days after receiving a duly completed application, the Minister of Justice shall issue a decision on recognition of overseas lawyer training; in case of refusal, it shall provide explanation in writing.

Article 4. Proof of exemption from law practice training and exemption from or reduction in legal traineeship period

The proof demonstrating that a person is exempt from lawyer training as prescribed in Article 13 of the Lawyer Law or is exempted or reduced from his/her legal traineeship period as prescribed in Article 16 of the Lawyer Law is one of the following documents:

1. A copy of the decision on appointment or re-appointment of a judge, procurator, investigator, or the resolution of the People's Council, the minutes of judge election of the People's Council, for a case where the judge is elected by the People’s Council at the district or province level.

2. A copy of the decision to award the title of Professor or Associate Professor of Law or a copy of the doctorate degree in law.

3. A copy of the decision on appointment or re-appointment of senior examiner of the court branch, senior examiner of the Procuracy branch, principal examiner of the Court branch, principal examiner of the Procuracy branch or decision on appointment of senior official, senior researcher, senior lecturer, principal official, principal researcher, principal lecturer in the field of law.

4. A copy of the hiring decision, the contract to work in the legal field.

5. Other lawful documents proving that the person is exempt from lawyer practice training; exemption from or reduction in legal traineeship period.

Article 5. Revocation of law practicing certificates

1. If there are grounds to determine that a lawyer falls into one of the cases specified in Clause 1, Article 18 of the Lawyer Law, the Minister of Justice shall issue a decision on revocation of the law practicing certificate.

2. When there are grounds to determine that a lawyer falls into one of the cases specified at Points a, b, c, d, dd, e, h, i and k, Clause 1, Article 18 of the Lawyer Law, the Bar Association to which that person is a member or other agencies or organizations shall request the Minister of Justice, in writing, to revoke such person's law practicing certificate, enclosed with papers proving that the lawyer falls into the case of revocation of the law practicing certificate.

In case a lawyer is disciplined by removing his/her name from the list of lawyers of the Bar Association as prescribed at Point g, Clause 1, Article 18 of the Lawyer Law, within 07 working days from the date on which a decision to discipline the lawyer is issued, the Executive Board of the Bar Association shall send a written request to the Minister of Justice to revoke the law practicing certificate enclosed with the decision on disciplining the lawyer. The person whose law practicing certificate is revoked must cease practicing law from the date of issuance of the decision on discipline against the lawyer by removing his/her name from the list of lawyers of the Bar Association.

On the annual basis, the Vietnam Bar Federation and the Department of Justice shall review the persons who fall into the cases specified in Clause 1, Article 18 of the Lawyer Law to propose the Minister of Justice to revoke their law practicing certificates.

3. Within 15 days after receiving a written request for revocation of the law practicing certificate, the Minister of Justice shall issue a decision on revocation of the law practicing certificate, except for the case that the disciplinary decision by removing the name from the list of lawyers of the Bar Association is complained and being resolved in accordance with law.

The decision on revocation of the law practicing certificate shall be sent to the person whose law practicing certificate is revoked, the Bar Association of which he is a member, the Vietnam Bar Federation, the presiding agencies at central level, the Department of Justice, and the presiding agencies in the localities where the Bar Association of which that person is a member is located. In case a person has his/her law practicing certificate revoked because he/she does not join the Bar Association as prescribed at Point d, Clause 1, Article 18 of the Lawyer Law, the decision on revocation of the law practicing certificate shall be sent to that person and the Department of Justice where he/she submitted his/her application for a law practicing certificate. The decision on revocation of the law practicing certificate is posted on the website of the Ministry of Justice.

4. Within 07 working days of receiving the decision on revocation of the law practicing certificate, the Vietnam Bar Federation shall issue a decision to revoke the lawyer's card of the person whose law practicing certificate has been revoked. The decision on revocation of the lawyer's card is posted on the portal of the Vietnam Bar Federation.

5. The person whose law practicing certificate has been revoked is responsible for returning the original law practicing certificate and lawyer’s card to the Bar Association of which he is a member. The Executive Board of the Bar Association shall retrieve and invalidate the law practicing certificate and lawyer’s card.

In case a person has his/her law practicing certificate revoked because he/she does not join the Bar Association as prescribed at Point d, Clause 1, Article 18 of the Lawyer Law, the person whose law practicing certificate is revoked shall return the original law practicing certificate to the Department of Justice where the application for the law practicing certificate was submitted. The Department of Justice shall retrieve and invalidate the law practicing certificate.

6. Law practicing certificates and lawyer’s cards are invalidated by cutting off the left corner.

Article 6. Reissuance of law practicing certificates

1. The reissuance of a law practicing certificate shall comply with Article 19 of the Lawyer Law. An applicant for reissuance of a law practicing certificate who passes the test for legal traineeship performance shall submit an application for reissuance of a law practicing certificate to the Executive Board of Bar Association as prescribed in Clause 1, Article 17 of the Lawyer Law. An applicant for reissuance of a law practicing certificate who is exempt from the legal traineeship shall submit an application for reissuance of a law practicing certificate to the Department of Justice of province where he/she permanently resides as prescribed in Clause 2 Article 17 of the Lawyer Law.

2. In case the law practicing certificate is lost, torn, burned or changed due to objective causes, the law practicing certificate shall be re-issued.

3. The reissuance of a law practicing certificate shall comply with Article 17 of the Lawyer Law.

Chapter III

LAW-PRACTICING ORGANIZATIONS, FOREIGN LAW-PRACTICING ORGANIZATIONS, FOREIGN LAWYERS IN VIETNAM

Article 7. Method of numbering operation registration certificates of law-practicing organizations, registration of lawyer in private practice

Operation registration certificate of law-practicing organization, certificate of registration of lawyer in private practice shall be numbered as follows:

The first two digits are the province code (Appendix I promulgated together with this Circular); the next two digits are the code of the law practice form (Appendix II issued together with this Circular); the next four digits are the registration ordinal number that is shared to all types of law-practicing organizations, branches of law-practicing organizations and lawyers in private practice.

In the case of conversion of the form of a law-practicing organization or changes to its operation registration, the registered ordinal number of the law-practicing organization shall remain the same upon reissuance of the operation registration certificate.

Article 8. Heads of branches of law-practicing organizations

1. Law offices and law firms appoint a member or a lawyer working under an employment contract as the head of the branch, except for a foreign lawyer practicing in Vietnam. The head of a law office, the director of a law firm, and a member lawyer may only act as the head of a branch affiliated to that law office or law firm. A lawyer working under employment contract may only act as the head of a branch of a law-practicing organization.

2. The head of a law office and the director of a law firm are responsible for all activities of the law-practicing organization and its affiliates.

Article 9. Branches and transaction offices of a law-practicing organization

1. If a law-practicing organization changes the operation registration of its branch according to Clause 2, Article 41 of the Lawyer Law, it shall be re-issued with an operation registration certificate by the Department of Justice where its branch’s operation is registered.

2. A law-practicing organization that establishes a transaction office shall send a written notice of the establishment of a transaction office, clearly stating the address of the transaction office, to the Department of Justice and the local Bar Association. In case the transaction office of a law-practicing organization suspends, terminates, or changes its operation address, the law-practicing organization shall notify in writing the Department of Justice at least 05 working days before date of suspension, termination, or change of operation address. The Department of Justice records the suspension, termination, or change of operation address of the transaction office on the operation registration certificate of the law-practicing organization.

Article 10. Establishment license of branch or foreign law firm; operation registration certificate of branch or foreign law firm; foreign lawyer practicing certificate in Vietnam

1. In case the establishment license of branch, foreign law firm, operation registration certificate of branch or foreign law firm, or foreign lawyer practicing certificate in Vietnam is lost or torn, is burnt or changed due to objective reasons, the procedures and application for reissuance shall comply with Article 78, Article 79, and Article 82 of the Lawyer Law.

2. Branches and foreign law firms registered to operate at the Department of Justice shall enclose a list of foreign lawyers working at the foreign law firms or branches. Within 07 working days from the date of signing or terminating an employment contract with a foreign lawyer, the branch or foreign law firm must notify in writing of the conclusion or termination of the employment contract to the Department of Justice where its operation is registered for the Department of Justice to record it in the appendix form attached to the operation registration certificate of the branch or foreign law firm.

Chapter IV

SOCIO-PROFESSIONAL ORGANIZATIONS OF LAWYERS

Article 11. Lawyers’ Congress of Bar Association and National Congress of Bar Delegates of Vietnam Bar Federation

1. Lawyers’ Congress of Bar Association is the highest leading body of the Bar Association. Based on the number of members of the Bar Association and the Charter of the Vietnam Bar Federation, the Bar Association may organize a plenary meeting or a congress of Bar Delegates. The structure and number of delegates attending the Congress of Bar Delegates shall be decided by the Bar Association on the basis of the Charter of the Vietnam Bar Federation and must be approved by the People's Committees of the provinces and central-affiliated cities (hereinafter referred to as provinces) for approval. The allocation of delegates to the Bar Association's Congress of Bar Delegates is based on the number of delegates expected to be convened, ensuring that there are representatives of law-practicing organizations, gender and age structure, ethnicity, and structure of the district, town, city where the lawyers reside. The selection of delegates to the Bar Association's Congress of Bar Delegates must ensure equality, democracy, publicity, and transparency. The Vietnam Bar Federation shall guide the selection and allocation of delegates attended the Bar Association's Congress of Bar Delegates.

2. The National Congress of Bar Delegates is the highest governing body of the Vietnam Bar Federation. The National Congress of Bar Delegates is convened by the National Bar Council. The National Bar Council shall provide specific guidance on the number and allocation of delegates to the National Congress of Bar Delegates. The allocation of delegates to the National Congress of Bar Delegates is based on the number of delegates expected to be convened, ensuring that there are representatives of Bar Associations, structure of gender and age structure, ethnicity, and regions. The selection of delegates to the National Congress of Bar Delegates must ensure equality, democracy, publicity, and transparency and from Bar Associations.

3. Delegates attending the Bar Congress of the Bar Association or the National Congress of Bar Delegates must be a lawyer and satisfy the following criteria:

a) Loyalty to the Fatherland and observance of the Constitution and laws of the Socialist Republic of Vietnam;

b) Having good moral character, exemplary observance of the law, the Charter of the Vietnam Bar Federation, the Code of ethics and professional conduct of Vietnamese lawyers;

c) Having prestige, solidarity, responsibility, and ability to contribute to the decisions of the Congress.

Article 12. The scheme for organization of the Bar Congress of the Bar Association and the National Congress of Bar Delegates

The scheme for organization of the Bar Congress of the Bar Association and the National Congress of Bar Delegates is formulated in accordance with the law on lawyers and guided in the Charter of the Vietnam Bar Federation, including the following contents:

1. Purposes and reasons for organizing the Congress;

2. The process of preparing the Congress;

3. Time, venue, participants, expected list of delegates; in the case of a congress of delegates, the number and mode of selection of delegates to attend the meeting shall be clearly specified;

4. Personnel scheme, personnel building plan;

5. Scenario of the Congress, the scenario of presiding over the Congress and working methods;

6. Regulations of the Congress, election regulations, and internal regulations of the Congress;

7. Tentative list of the Presidium, the Presidium President, the Secretary of the Congress, the Supervisory Board of the Congress and the Vote Counting Board;

8. Internal regulations of the Bar Association or the Charter of the Vietnam Bar Federation (amendments, if any);

9. Security issues of the Congress.

Article 13. Personnel building plan

1. The personnel development plan specified in Clause 4, Article 12 of this Circular shall at least contain:

a) Organizational structure, number of personnel to be elected;

b) Process of building personnel;

c) Specific criteria for each title;

d) A list of specific personnel to be introduced into the titles;

dd) Results of examination of candidate eligibility.

2. Candidates for the Chairman, the Managing Board, the Reward, and Disciplinary Council of the Bar Association or the President, Vice President, Standing Committee, and National Bar Council of the Vietnam Bar Federation shall meet the following basic standards:

a) Loyalty to the Fatherland and observance of the Constitution and laws of the Socialist Republic of Vietnam;

b) Having strong political will, good moral character, and exemplary observance of the law, the Charter of the Vietnam Bar Federation, and the Code of ethics and professional conduct of Vietnamese lawyers;

c) Having prestige, professional qualifications, job handling capacity, solidarity and responsibility;

d) Having time and other conditions to participate in regular activities of the Bar Association or the Vietnam Bar Federation.

Article 14. Minutes of ratification of the Charter of the Vietnam Bar Federation, the Internal Regulations of the Bar Association

1. The minutes of ratification of the Charter of the Vietnam Bar Federation and the Internal Regulations of the Bar Association have the following main contents:

a) Time and venue of Congress; number and composition of delegates attending the Congress;

b) Opinions expressed at the Congress;

c) Voting results of ratification.

2. Minutes of ratification of the Charter of the Vietnam Bar Federation, the Internal Regulations of the Bar Association, signed by the Presidium President and Secretary; in case the minutes have many pages, the Secretary shall sign each page of the minutes.

Article 15. Election minutes

1. The election minutes have the following main contents:

a) Time and venue of Congress; number and composition of delegates attending the Congress;

b) Number of titles to be elected;

c) List of candidates;

d) Results of counting votes;

dd) List of elected candidates.

2. The election minutes are signed by the Head of the Vote Counting Board and the head of the supervisory board; in case the minutes have many pages, the Head of the Vote Counting Board and the Head of the Supervisory Board shall sign each page of the minutes.

Article 16. Resolutions of the Congress

1. A resolution of the Congress has the following principal contents:

a) Time, place and participants of the Congress;

b) Contents of the Congress;

c) Results of voting on each issue of the Congress and results of voting to ratify the Resolution of the Congress.

2. Resolution of the Congress is signed by the Presidium President; in case the Resolution has many pages, the Presidium President shall sign each page of the Resolution.

Chapter V

INSPECTION OF LAWYER-RELATED OPERATION

Article 17. Tasks and powers of the Ministry of Justice, People's Committees of provinces in inspection of lawyer-related operation

1. The Ministry of Justice and the People's Committee of the province shall inspect lawyer-related operation according to their competence.

2. The Department of Judicial Assistance shall assist the Minister of Justice in carrying out the annual plan inspection of lawyer-related operation nationwide and carry out surprise inspection at the request of the Minister of Justice France.

3. The Department of Justice shall assist the People's Committee of the province to inspect lawyer-related operation in the province. Every year, based on the actual circumstances, the Department of Justice shall prepare a plan to inspect the lawyer-related operation in the province, clearly defining the entities to be inspected, the time and contents of the inspection; duties and powers of the chief inspector and inspectorate members; rights and obligations of inspected entities; inspection procedures.

The Department of Justice shall carry out a surprise inspection at the request of the Ministry of Justice or the People's Committee of the province, or in case of any signs of violation in the lawyer-related operation.

4. The plan for inspection of lawyer-related operation shall be notified in writing to the inspected entity no later than 07 working days before the expected inspection date.

5. Within 15 days from the date of completion of the inspection, the Department of Justice shall send a report to the People's Committee of province and the Ministry of Justice on the inspection results or conclusion.

Article 18. Principles of inspection of lawyer-related operation

1. Openness to the public, objectivity, transparency and as per approved plan, except for surprise inspection.

2. Confidentiality in law practice in accordance with the Lawyer Law and other relevant laws.

3. Compliance with the law on lawyers and law practice, and relevant provisions of law.

Article 19. Matters to be inspected

1. Regarding the socio-professional organizations of lawyers, the inspection focuses on the following main matters:

a) Receipt of applications for the issuance or reissuance of law practicing certificates; applications for revocation of law practicing certificates; tests for legal traineeship performance; registration and supervision of legal trainees;

b) Registration to join the Bar Association; issuance, replacement, and revocation of lawyer's cards;

c) Compulsory restitution related to professional practices;

d) Settlement of complaints and whistleblowing reports within competence;

dd) Compliance with the law on finance, accounting, and statistics;

e) Routine reports, ad-hoc reports; forms of records and keeping of records and documents in accordance with the Lawyer Law and other relevant laws;

g) Implementation of the law on international cooperation;

h) Performance of other duties and powers of the socio-professional organization of lawyers in accordance with the law on lawyers and law practice, relevant laws and the Charter of the Vietnam Bar Federation.

2. Regarding Vietnamese law-practicing organizations and foreign law-practicing organizations in Vietnam, the inspection focuses on the following principal matters:

) Compliance with regulations on operation registration and change of operation registration by Vietnamese law-practicing organizations; applications for issuance, reissuance or changes to the establishment license and operation registration certificate by foreign law-practicing organizations in Vietnam; applications for issuance, reissuance, extension of foreign lawyer practicing certificate in Vietnam;

b) Compliance with the labor law in case of hiring labor;

c) Compliance with the law on tax, finance, accounting, and statistics;

d) Conclusion and performance of legal service contracts in accordance with the law;

dd) Receipt, supervision of and mentorship to law trainees;

e) Routine reports, ad-hoc reports; forms of records and keeping of papers and documents in accordance with the Lawyer Law and other relevant laws;

g) Purchase of professional liability insurance for lawyers of law-practicing organizations in accordance with the law on insurance business;

h) Participation in compulsory professional training and legal aid by lawyers practicing at the organizations;

i) Compliance with other provisions of the law on lawyers and law practice.

3. Regarding lawyers in private practice, the inspection checklist focuses on the matters stated in the certificate of lawyer registration of the lawyer in private practice and the compliance with regulations of the law on lawyers and law practice, and relevant provisions of law.

4. Regarding the Departments of Justice of the provinces and central-affiliated cities, the inspection checklist focuses on the following principal matters:

a) Issuance, change to, and revocation of operation registration certificates of Vietnamese law-practicing organizations and foreign law-practicing organizations in Vietnam;

b) Routine reports, ad-hoc reports; forms of records and keeping of papers and documents in accordance with the Lawyer Law and other relevant laws;

c) Receipt and verification of applications for issuance of law practicing certificates;

d) Compliance with regulations on inspection of actions against violations, settlement of complaints and whistleblowing reports;

dd) Implementation of measures to support the development of the legal profession;

e) Compliance with other provisions of the law on lawyers and law practice.

Article 20. Tasks and powers of the inspectorate

1. The inspectorate is composed of the team leader and members. The chief inspector of the inspectorate is the leading representative of the regulatory agency in charge of lawyers and law practice. The members of the inspectorate include representatives of agencies and organizations involved in inspection of lawyer-related operation.

2. The chief inspector has the following duties and powers:

a) Direct proper performance of the inspection decision following the contents and time limit stated therein;

b) Report the inspection decision-maker to extend the inspection time limit where necessary;

c) Request the inspected entity to provide information and documents related to the matters to be inspected;

d) Make an inspection record; prepare a report on inspection result and take responsibility for the accuracy, truthfulness, and objectivity of such record and report;

dd) Make administrative offense report and impose administrative penalties within his/her competence or propose the competent person to make a decision on administrative penalty against violations in lawyer-related operation.

3. The inspectorate members shall perform tasks as assigned by the chief inspector and be responsible for keep confidential information related to the inspected entities.

Article 21. Rights and obligations of inspected entities

1. An inspected entity has the following rights:

a) Requesting members of the inspectorate and relevant agencies and organizations to keep information confidential in accordance with law;

b) Receiving the inspection record and request explanation of the inspection record's content;

c) Reserving opinions in the inspection record;

d) Refusing the inspection without an inspection decision; refusing to provide information and documents unrelated to the inspection checklist, unless otherwise provided for by law;

d) Whistleblowing illegal acts during inspection;

e) Other rights as prescribed by law.

2. An inspected entity has the following obligations:

a) Complying with the inspection decision of the competent regulatory agency;

b) Preparing fully reports and records as prescribed in this Circular, other relevant documents and records as prescribed by law;

c) Providing timely, complete, and accurate information and documents related to inspection checklist at the request of the inspectorate; be held liable for the accuracy and truthfulness of the given information and documents;

d) Signing the inspection record after finishing the inspection;

d) Abiding by the decision of the inspectorate;

e) Other obligations as prescribed by law.

Article 22. Procedures for inspection

1. Announce the inspection decision upon launch of the inspection of lawyer-related operation.

2. Compare, examine, and evaluate the contents of report and records, papers and documents presented in accordance with law.

3. Make an inspection record on the lawyer-related operation after the inspection finishes.

4. Take actions according to their competence or request competent authorities to take actions against violations of the law.

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).

Chapter VII

IMPLEMENTATION

Article 27. Entry in force

1. This Circular comes into force as of August 10, 2021.

2. Circular No. 17/2011/TT-BTP dated October 14, 2011 of the Minister of Justice on guidelines for the Lawyer Law, the Decree on elaboration of and guidelines for the Lawyer Law, the Decree on guidelines for the Lawyer Law on socio-professional organizations of lawyers and the Circular No. 02/2015/TT-BTP dated January 16, 2015 of the Minister of Justice on forms related to lawyers and law practice shall cease to be effective from the effective date of this Circular.

Article 28. Implementation

The Director of the Department of Judicial Assistance, the heads of affiliates of the Ministry of Justice, the Directors of the Departments of Justice and relevant agencies, organizations and individuals shall implement this Circular./.

APPENDIX I

CODES OF PROVINCES AND CENTRAL-AFFILIATED CITIES
(Issued together with Circular No. 05/2021/TT-BTP dated June 24, 2021 of the Minister of Justice)

APPENDIX II

LAW PRACTICE TYPE CODE IN VIETNAM
(Issued together with Circular No. 05/2021/TT-BTP dated June 24, 2021 of the Minister of Justice)