Thông tư 02/2000/TT-BTP

CIRCULAR

GUIDING THE PROCEDURES OF TERMINATING ACTIVITIES OF THE VIETNAM BRANCH OF A FOREIGN LAWYERS’ ORGANIZATION

Pursuant to Decree No. 38/CP of June 4, 1993 of the Government on the functions, tasks, powers and organization of the Ministry of Justice;
Pursuant to Article 35 of Decree No. 92/1998/ND-CP of November 10, 1998 of the Government on the practice of legal consultancy by foreign lawyers’organizations in Vietnam;
The Ministry of Justice gives the following guidance on terminating activities of the Vietnam branch of a foreign lawyers’organization (hereafter called Branch):

1. Procedures applied to voluntary termination of activities

1.1. Voluntary termination of activities before term

In case of voluntary termination of activities before term, the Branch shall carry out the following works:

a/ To report in writing to the Ministry of Justice, and at the same time to the Justice Service of the centrally-run province or city (hereafter called Justice Service) where the Branch has its office 60 days before the projected time for terminating its activities;

b/ To publish in a local or central newspaper in Vietnam at least in three consecutive issues the termination of activities of the Branch and the time of this termination right after the date of sending the report as stipulated in Point a, Clause 1.1 of this Circular; at the same time to send written notices to the customers that have signed contracts on legal consultancy with the Branch now left unfulfilled;

c/ It is forbidden to make new legal consultancy contracts with customers, except verbal contracts;

d/ Within 90 days at the latest after ending its activities, the Branch must :

- Return the office and working facilities it has hired under the terms of the signed contract;

- Complete the settlement of termination of labor contracts with the staff of the Branch;

- Complete the settlement of the legal consultancy contracts it has signed with its customers;

- Complete the settlement of the questions of tax, financial obligations and payment of debts (if any);

- Report in writing to the Ministry of Justice and at the same time to the Justice Service of the province or city where the Branch has its office on the completion of the settlement of the questions stipulated at this Point (d); remit the permit to the Ministry of Justice, the job-practicing registration paper and the seal of the Branch to the Justice Service at the place where the Branch has its office.

1.2. Voluntary termination of activities at the end of the operation term stated in the Permit without asking for extension

At the end of the operation term stated in the permit and if the Branch does not ask for extension, it has to carry out the following works:

a/ To carry out the works stipulated at Points a, b and c, Clause 1.1 of this Circular within 60 days before the end of the operation term;

b/ To carry out the works stipulated at Point d, Clause 1.1 of this Circular.

2. Procedures applied to cases of termination of activities stated in the permit to set up the Branch without extension.

Right after receiving the decision of the Ministry of Justice refusing the extension of its operation term, the Branch shall have:

a/ To terminate its activities according to the term stipulated in the permit;

b/ To carry out the works stipulated at Points b, c and d, Clause 1.1 of this Circular.

3. Procedures applied to cases where the Branch has its right to use the permit deprived of indefinitely.

Right after receiving the decision on depriving of its right to use the permit indefinitely, the Branch shall have:

a/ To end its activities from the date stated in the Decision;

b/ To carry out the works stipulated at Point d, Clause 1.1 of this Circular.

4. Procedures applied to cases where the foreign lawyers� organization has ended its activities in the country of which it bears the nationality.

The Branch shall terminate its activities from the date when the foreign lawyers� organization has ended its activities in the country of which this foreign lawyers� organization bears the nationality. In this case, the Branch shall have to carry out the following works:

a/ To report in writing to the Ministry of Justice and also to the Justice Service of the province or city where the Branch has its office on the termination of its activities within 10 days after it terminates its activities;

b/ The stipulations at Points b and d, Clause 1.1 of this Circular.

5. The Justice Service shall have to discharge the following responsibilities for termination of the Branch’s activities

a/ To guide the Branch in filling in the procedures of terminating its activities as prescribed in this Circular;

b/ To monitor and inspect the filling of procedures of terminating the activities of the Branch. In case it is discovered that the Branch does not fully carry out the procedures on terminating its activities or does not terminate its activities as prescribed in this Circular, the Justice Service shall promptly request the Branch to stop its act of violation. The Justice Service shall report to the Ministry of Justice or propose that the competent State agency handle the case as prescribed by law;

c/ To get back the job-practicing registration paper and the seal of the Branch and hand them over to the State agency that has issued that seal;

d/ To report to the Ministry of Justice and inform in writing the Public Security Service, the Tax Department, the Labor, War Invalids and Social Affairs Service and the Planning and Investment Service on the completion by the Branch of the procedures of terminating its activities.

6. After receiving the report of the Branch and the Justice Service on the completion of procedures of terminating the activities of the Branch, the Ministry of Justice shall issue a decision to withdraw the permit. The decision to withdraw the permit shall be made in three copies: 1 to be sent to the Branch, 1 to be sent to the People�s Committee of the province or centrally-run city, and 1 to be kept on file at the Ministry of Justice.

The Ministry of Justice shall notify in writing the Ministry of Public Security, the Ministry of Finance, the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Planning and Investment of the withdrawal of the permit from the Branch.

This Circular takes effect 15 days after its signing.