Thông tư 17/2011/TT-BTP

Circular No. 17/2011/TT-BTP of October 14, 2011, guiding the law on lawyers and the decree detailing and guiding a number of articles of the law on lawyers, and the decree guiding the law on lawyers regarding lawyers’ socio-professional organizations

Nội dung toàn văn Circular No. 17/2011/TT-BTP guiding the law on lawyers and the decree detailing


THE MINISTRY OF JUSTICE
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 17/2011/TT-BTP

Hanoi, October 14, 2011

 

CIRCULAR

GUIDING THE LAW ON LAWYERS AND THE DECREE DETAILING AND GUIDING A NUMBER OF ARTICLES OF THE LAW ON LAWYERS, AND THE DECREE GUIDING THE LAW ON LAWYERS REGARDING LAWYERS’ SOCIO-PROFESSIONAL ORGANIZATIONS

Pursuant to June 29, 2006 Law No. 65/2006/QH11 on Lawyers;

Pursuant to the Government’s Decree No. 28/2007/ND-CP of February 26, 2007, detailing and guiding a number of articles of the Law on Lawyers;

Pursuant to the Government’s Decree No. 131/2008/ND-CP of December 31, 2008, guiding the Law on Lawyers regarding lawyers’ socio- professional organizations;

Pursuant to the Government’s Decree No. 93/2008/ND-CP of August 22, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Justice;

The Ministry of Justice guides a number of provisions of the Law on Lawyers, Decree No. 28/2007/ND-CP and Decree No. 131/2008/ND-CP as follows:

Chapter I

LAWYERS

Article 1. Recognition of certificates of overseas lawyer training

1. A certificate of overseas lawyer training is recognized when:

a/ It is granted by a foreign training institution which is the subject of application of an agreement on diploma equivalence or on mutual recognition of diplomas or of a diploma-related treaty which Vietnam has signed or to which Vietnam is a contracting party;

b/ It is granted by an overseas training institution whose training programs have been recognized by a quality appraisal authority of the host country or which is licensed by a competent authority of that country to operate and issue diplomas, certificates or papers certifying graduates of lawyer training;

2. A person wishing to have his/her certificate of lawyer training granted by a competent foreign authority recognized in Vietnam shall send a dossier to the Ministry of Justice. A dossier comprises:

a/ A written request for recognition of a certificate of overseas lawyer training;

b/ The certificate of overseas lawyer training;

c/ Copy of the report on training results at the foreign educational institution;

d/ Papers proving satisfaction of either of the requirements provided in Clause 1 of this Article;

e/ Other related documents.

The papers specified at Points b, c, d and e of this Clause must be consularly legalized under law and translated into Vietnamese. The Vietnamese translation must be certified.

3. Within 15 days after receiving a complete and valid dossier, the Minister of Justice shall issue a decision to recognize a certificate of overseas lawyer training.

Article 2. Papers proving cases of exemption from lawyer training and exemption from or reduction of law practice probation

The papers proving a person is exempt from lawyer training under Article 13 of the Law on Lawyers or enjoys exemption from or reduction of law practice probation under Article 16 of the Law on Lawyers are any of the following:

1. Copy of the decision on appointment of a judge, procurator or investigator, or the People’s Council resolution or record on election of a judge, for judges elected by district- or provincial-level People’s Councils.

2. Copy of the decision on conferment of the title of Professor or Associate Professor of Law or copy of the Doctor of Law diploma.

3. Copy of the decision on appointment of a senior court examiner, senior procuracy inspector or senior legal expert, researcher or lecturer, or the decision on appointment of a principal court examiner or principal procuracy inspector or principal legal expert, researcher or lecturer.

4. Written certification of that person’s working duration in the legal sector by his/her employer.

5. Other lawful documents proving that person is exempt from lawyer training or enjoys exemption from or reduction of law practice probation.

Article 3. Withdrawal of law practice certificates

1. The Minister of Justice may withdraw law practice certificates of lawyers falling into one of the cases provided in Clause 1, Article 18 of the Law on Lawyers.

2. In case of disciplining a lawyer by deleting his/her name from the list of lawyers of a bar association, within seven working days after issuing a disciplining decision, the Management Board of the bar association having disciplined the lawyer shall request in writing the Minister of Justice to withdraw that lawyer’s law practice certificate.

A lawyer subject to law practice certificate withdrawal shall terminate his/her professional practice on the date of the decision on deletion of his/her name from the list of lawyers of a bar association.

3. When detecting a lawyer who falls into one of the cases provided at Points a, b, c, d and f, Clause 1, Article 18 of the Law on Lawyers, the bar association of that lawyer or another agency or organization shall request in writing the Minister of Justice to withdraw that lawyer’s law practice certificate.

4. Within 15 days after receiving a written request for withdrawal of a law practice certificate, the Minister of Justice shall issue a decision on withdrawal of a law practice certificate.

A decision on withdrawal of a law practice certificate shall be sent to the concerned lawyer, his/her bar association, the Vietnam Bar Federation, central procedure-conducting agencies, and the provincial-level Justice Department and procedure-conducting agencies of the locality in which that lawyer’s bar association is based, and published on the website of the Ministry of Justice.

Within seven working days after receiving a decision on withdrawal of a law practice certificate, the Vietnam Bar Federation shall issue a decision to withdraw the lawyer card of the concerned lawyer. The Management Board of the bar association of that lawyer shall withdraw and destroy his/her law practice certificate and lawyer card.

5. A law practice certificate or lawyer card shall be destroyed by having its left corner cut. The destruction of a law practice certificate and lawyer card shall be recorded in writing with the signatures of the chairman of the bar association, the head of the bar association’s reward and discipline council and representative of the provincial-level Justice Department of the locality in which the bar association is headquartered. A destruction record shall be made in two copies, one to be kept at the bar association of the concerned lawyer and one at the provincial-level Justice Department of the locality in which the bar association is headquartered.

Destroyed law practice certificates shall be transferred to and kept at provincial-level Justice Departments under the law on archives.

Article 4. Re-grant of law practice certificates

1. When his/her law practice certificate is lost, torn, burnt or damaged unintentionally, a lawyer shall submit to his/her bar association an application dossier for re-grant of a law practice certificate which comprises:

a/ An application for re-grant of a law practice certificate, which clearly states the reason for re-grant and the number of the law practice certificate;

b/ The papers specified in Article 17 of the Law on Lawyers.

Within seven working days after receiving a complete and valid dossier, the Management Board of a bar association shall send to the Ministry of Justice a written request for re-grant of a law practice certificate enclosed with the dossier.

The procedures for re-granting a law practice certificate comply with Article 17 of the Law on Lawyers.

Chapter II

LAW-PRACTICING ORGANIZATIONS

Article 5. Provision of legal services by lawyers

1. A lawyer shall provide legal services under a legal service contract or written agreement on legal service provision, except when he/she participates in judicial proceedings at the request of a procedure-conducting agency or he/she is an independent law practitioner working under a contract with an agency or organization.

2. For a case or job with a charge of VND 200,000 (two hundred thousand dong) or higher, a law-practicing organization or an independent law practitioner shall sign a written legal service contract. This contract must contain the details specified in Clause 2, Article 26 of the Law on Lawyers. When liquidating this contract, the law-practicing organization or independent law practitioner shall make an invoice and give it to the client under Article 15 of the Government’s Decree No. 51/2010/ND-CP on invoices on goods sale and service provision, and other laws on finance and accounting.

3. For a case or job with a charge of under VND 200,000 (two hundred thousand dong), a law-practicing organization or an independent law practitioner shall make a written agreement on legal service provision with the client according to the form provided in Clause 22, Article 36 of this Circular, and make an invoice under Article 16 of the Government’s Decree No. 51/2010/ND-CP on invoices on goods sale and service provision, and other laws on finance and accounting.

Article 6. Method of numbering operation registration certificates of law- practicing organizations and law practice certificates of independent law practitioners

Operation registration certificates of law-practicing organizations and law practice certificates of independent law practitioners shall be numbered as follows:

The first two digits are the provincial code (Appendix 1 to this Circular, not printed herein); the next two digits are the code of type of law practice (Appendix 2 to this Circular, not printed herein); and the following four digits are the serial numbers of registration commonly used for law- practicing organizations, branches of law-practicing organizations and independent law practitioners.

When a law-practicing organization changes its form, the registered serial number of that organization will remain unchanged upon grant of a new operation registration certificate.

Article 7. Change of at-law representatives of law-practicing organizations

1. The at-law representative of a limited liability law firm with two or more members or a law partnership must be a lawyer and a member of the law firm.

When changing its at-law representative, a limited liability law firm with two or more members or a law partnership shall, within 10 working days after issuing a decision on such change, send a notice of the change and its operation registration certificate to the provincial-level Justice Department at which its has registered operation.

The procedures for changing registered operations comply with Article 36 of the Law on Lawyers.

2. The at-law representative of a lawyer office or a one-member limited liability law firm must be the owner that office or firm.

A lawyer office or one-member limited liability law firm wishing to change its at-law representative shall submit a dossier to the provincial-level Justice Department at which it has registered operation. A dossier comprises:

a/ A written request for change of the at-law representative;

b/ Operation registration certificate of the lawyer office or one-member limited liability law firm;

c/ Written agreement between the former and new at-law representatives on the performance of rights and obligations of the lawyer office or law firm;

d/ List of unfulfilled contracts and written agreements between the former at-law representative and clients on the transfer of those contracts to the new at-law representative of the lawyer office or law firm.

The procedures for changing the at-law representative of a lawyer office or law firm comply with Article 36 of the Law on Lawyers.

3. Within five working days after receiving a complete and valid dossier, a provincial-level Justice Department shall re-grant an operation registration certificate to a law-practicing organization, which clearly states change of the at-law representative.

Article 8. Change of form of law-practicing organizations

1. A lawyer office may be transformed into a limited liability law firm on the basis of taking over all the rights and obligations of the former under law.

A dossier of change of form of a law-practicing organization shall be sent to the provincial-level Justice Department at which the law-practicing organization has registered its operation. A dossier comprises:

a/ A written request for operation registration of a limited liability law firm;

b/ A written commitment to taking over all the rights and obligations of the lawyer office, made by the head of the limited liability law firm;

c/ Notice of change to clients;

d/ Draft charter of the limited liability law firm;

e/ Operation registration certificate of the lawyer office;

f/ List of members or lawyers owning the law firm; copies of law practice certificates and lawyer cards of member lawyers, for transformation into a limited liability law firm with two or more members;

g/ Copy of the paper proving change of head office, in case of change in the head office.

Within seven working days after receiving a complete and valid dossier, the provincial-level Justice Department shall grant an operation registration certificate to a limited liability law firm.

2. The procedures for notifying operation registration of a limited liability law firm comply with Article 38 of the Law on Lawyers.

Article 9. Heads of branches of law-practicing organizations

1. The head of a lawyer office or the director of a law firm may concurrently act as the head of a branch of that office or firm. The head of a lawyer office or the director of a law firm may act as the head of only one branch of that office or firm.

2. A lawyer office or law firm may appoint a member lawyer or a lawyer working under contract to act as the head of its branch, except foreign law practitioners in Vietnam.

Article 10. Establishment of transaction offices of law-practicing organizations

1. A law-practicing organization wishing to establish a transaction office shall submit a dossier to the provincial-level Justice Department at which it has registered operation. A dossier comprises:

a/ A notice of establishment of a transaction office;

b/ Decision on establishment of the transaction office, which clearly specifies the person assigned by the law-practicing organization to permanently work at the transaction office to receive clients’ requests, enclosed with a copy of that person’s identity card;

c/ Operation registration certificate of the law-practicing organization;

d/ Copy of the paper proving the headquarter of the transaction office.

2. Within seven working days after receiving a complete and valid dossier, the provincial-level Justice Department shall include the address of the transaction office in the operation registration office of a law-practicing organization.

Article 11. Withdrawal of operation registration certificates of law- practicing organizations and their branches

1. The operation registration certificate of a law-practicing organization shall be withdrawn when:

a/ It terminates its operation under Clause 1, Article 47 of the Law on Lawyers;

b/ It suspends its operation for more than one year after the deadline stated in its report on operation suspension without reporting on extension of such suspension.

When a law-practicing organization has its operation registration certificate withdrawn under Point b, Clause 1 of this Article, the provincial-level Justice Department shall carry out procedures to terminate the operation of that law-practicing organization under Clause 3, Article 47 of the Law on Lawyers.

2. Operation registration certificates of branches of law-practicing organizations shall be withdrawn under Clause 1, Article 48 of the Law on Lawyers.

3. When withdrawing the operation registration certificate of a law- practicing organization or its branch, the provincial-level Justice Department at which the law-practicing organization has registered its operation shall issue a decision on operation registration certificate withdrawal and send it to the concerned bar association and the tax office of the locality in which the law-practicing organization has registered its operation.

Chapter III

LAWYERS’ SOCIO-PROFESSIONAL ORGANIZATIONS

Article 12. Lawyer congresses of bar associations and national lawyer congresses of the Vietnam Bar Federation

1. The lawyer congress of a bar association is the highest leading body of the bar association. Based on the number of its members and the charter of the Vietnam Bar Federation, a bar association may hold its plenary congress or lawyer delegates’ congress (below collectively referred to as lawyer congresses of bar associations).

The number and method of selecting delegates to a lawyer congress are provided in the charter of the bar association.

The selection of delegates to the lawyer congress of a bar association must ensure equality, democracy, publicity and transparency. The allocation of numbers of delegates to the congress must be based on the expected number of delegates, ensuring representation of law-practicing organizations and appropriate structure in terms of gender, age, ethnic minorities and districts and towns of residence of lawyers.

The Vietnam Bar Federation shall guide the selection and allocation of numbers of delegates to lawyer congresses of bar associations.

2. The national lawyer congress is the highest leading body of the Vietnam Bar Federation. A national lawyer congress is convened by the National Lawyer Council. The National Lawyer Council shall specifically guide the number and allocation of numbers of delegates to the national lawyer congress.

The selection of delegates to a national lawyer congress must ensure equality, democracy, publicity, transparency and representation of bar associations. The allocation of numbers of delegates to a national lawyer congress must be based on the number of expected delegates, ensuring representation of bar associations and appropriate structure in terms of gender, age, ethnic minorities and localities.

3. Delegates to the lawyer congress of a bar association or a national lawyer congress must be lawyers and satisfy the following criteria:

a/ To be faithful to the country and observe the Constitution and law of the Socialist Republic of Vietnam;

b/ To have good morals and strictly comply with law and professional ethnic rules of lawyers;

c/ To be prestigious, responsible and capable of contributing to the congress’ decisions; to be able to disseminate the congress results to other lawyers.

4. Lawyer congresses of bar associations and the national lawyer congress shall be held under Articles 11 and 21 of the Government’s Decree No.131/2008/ND-CP of December 31, 2008, guiding the Law on Lawyers regarding lawyers’ socio-professional organizations.

Article 13. Plans on organization of lawyer congresses of bar associations and national lawyer congresses

A plan on organization of the lawyer congress of a bar association or a national lawyer congress (below collectively referred to as congress organization plan) contains the following details:

1. Purposes of and reasons for holding the congress.

2. The congress preparation process.

3. Time and place to hold the congress and composition of participants; for organization of a delegates’ congress, the number and method of selecting delegates to the congress.

4. Major issues of the congress and working methods.

5. Regulation of the congress, election regulation and rules of the congress.

6. List of expected members of the Presidium, Presidium head and secretary, control board and vote counting board of the congress.

7. Assurance of security for the congress.

Article 14. Plans on organizational structure and expected personnel

1. A plan on organizational structure and expected personnel contains the following details:

a/ Organizational structure and number of persons to be elected;

b/ Specific criteria for each leading post;

c/ Lists of nominees for leading posts.

2. Nominees to be elected to the Management Board and Commendation and Discipline Council of a bar association or as Chairman, Vice Chairman, or to the Standing Committee and the National Lawyer Council of the Vietnam Bar Federation must meet the following criteria:

a/ To be faithful to the country and observe the Constitution and law of the Socialist Republic of Vietnam;

b/ To have good morals and strictly comply with law and professional ethnic rules of lawyers;

c/ To be prestigious, professionally qualified and capable, and responsible;

d/ To have the capacity, time and other conditions to participate in regular activities of the bar association or the Vietnam Bar Federation.

Article 15. Minutes on approval of the Charter

1. A minutes on approval of the Charter contains the following principal details:

a/ Time and place of organization; number and composition of delegates to the congress;

b/ Opinions given at the congress;

c/ Voting results of approval of the Charter.

2. A minutes on Charter approval shall be signed by the Presidium head and Congress secretary. For a multi-page minutes, the Secretary shall sign on every page of the minutes.

Article 16. Voting minutes

1. A voting minutes contains the following principal details:

a/ Time and place of organization; number and composition of delegates to the congress;

b/ Number of leading posts to be elected;

c/ List of nominees;

d/ Voting results;

e/ List of elected persons.

2. A voting minutes shall be signed by the heads of the Vote Counting Board and the Control Board. For a multi-page minutes, the heads of the Vote Counting Board and the Control Board shall sign on every page of the minutes.

Article 17. Congress resolutions

1. A congress resolution contains the following principal details:

a/ Time, place and composition of delegates to the congress;

b/ Contents of the congress;

c/ Voting results of each issue of the congress and voting results of approval of the congress resolution.

2. The congress resolution shall be signed by the Presidium head. For a multi-page resolution, the Presidium head shall sign on every page of the resolution.

Article 18. Dissolution of bar associations

When detecting a case subject to dissolution provided in Clause 1, Article 17 of the Government’s Decree No. 131/2008/ND-CP of December 31, 2008, guiding the Law on Lawyers regarding lawyers’ socio-professional organizations, a provincial-level Justice Department shall request the provincial-level People’s Committee chairperson issue a decision on dissolution of the bar association attached with the papers proving the bar association falling into a case provided in Clause 1, Article 17 of Decree No. 131/2008/ND-CP.

Within 10 working days after receiving the provincial-level Justice Department’s written request, the provincial-level People’s Committee chairperson shall consult in writing the Minister of Justice on dissolution of a bar association. Within seven working days after receiving a provincial-level People’s Committee chairperson’s document, the Minister of Justice shall give his/her written opinions on dissolution of a bar association.

Within five working days after receiving the Minister of Justice’s written agreement on dissolution of a bar association, the provincial-level People’s Committee chairperson shall issue a decision to dissolve that bar association.

Chapter IV

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

Article 19. Transformation of branches of foreign law-practicing organizations into wholly foreign-owned law firms in Vietnam

1. The branch of a foreign law-practicing organization in Vietnam may be transformed into a foreign law firm in Vietnam on the basis of taking over all the rights and obligations of that branch.

A dossier of request for transformation of a foreign law-practicing organization in Vietnam into a wholly foreign-owned law firm in Vietnam shall be submitted to the Ministry of Justice. A dossier comprises:

a/ The foreign law-practicing organization’s written request for transformation, which clearly states the foreign law-practicing organization’s commitment to taking over all the rights and obligations of the transformed branch;

b/ Notice of transformation to clients;

c/ Draft charter of the wholly foreign-owned law firm;

d/ Copy of the establishment license and operation registration certificate of the transformed branch;

e/ List of lawyers expected to work at the wholly foreign-owned law firm;

f/ Copy of the paper proving the head office, in case of change in the head office.

Within 30 days after receiving a complete and valid dossier, the Ministry of Justice shall issue a decision on licensing of a wholly foreign-owned law firm in Vietnam.

2. The procedures for registering operation, and publishing on newspapers and notifying establishment of a wholly foreign-owned law firm comply with Article 79 of the Law on Lawyers and Article 18 of the Government’s Decree No. 28/2007/ND-CP of February 26, 2007, detailing and guiding a number of articles of the Law on Lawyers.

Article 20. Re-grant of establishment licenses of branches of foreign law- practicing organizations and foreign law firms

1. When the license of the branch of a foreign law-practicing organization or a foreign law firm is lost, torn, burnt or unintentionally damaged, that branch or firm shall submit an application dossier for re-grant of an establishment license to the Ministry of Justice. A dossier comprises:

a/ An application for re-grant of the branch’s or law firm’s license, which clearly states the reason for the re-grant and the license’s number;

b/ The papers specified in Article 78 of the Law on Lawyers.

2. Within 30 days after receiving a complete and valid dossier, the Ministry of Justice shall re-grant a license to the foreign branch or law firm.

Article 21. Re-grant of operation registration certificates of branches of foreign law-practicing organizations and foreign law firms

1. When the operation registration certificate of the branch of a foreign law-practicing organization or a foreign law firm is lost, torn, burnt or unintentionally damaged, that branch or firm shall submit an application dossier for re-grant of an operation registration certificate to the provincial-level Justice Department of the locality in which the branch or firm is headquartered. A dossier comprises:

a/ An application for re-grant of the branch’s or firm’s operation registration certificate, which clearly states the reason for the re-grant and the operation registration certificate’s number;

b/ The papers specified in Article 79 of the Law on Lawyers.

2. Within 10 working days after receiving a complete and valid dossier, the provincial-level Justice Department shall re-grant an operation registration certificate to the foreign branch or law firm.

Article 22. Re-grant of permits for law practice in Vietnam for foreign lawyers

1. When his/her permit for law practice in Vietnam is lost, torn, burnt or unintentionally damaged, a foreign lawyer shall submit an application dossier for re-grant of a permit for law practice in Vietnam to the Ministry of Justice. A dossier comprises:

a/ The foreign lawyer’s application for re-grant of a law practice permit clearly stating the reason for the re-grant and the law practice permit’s number, which must be certified by the law-practicing organization at which the lawyer conducts law practice;

b/ The papers specified in Article 82 of the Law on Lawyers.

2. Within 15 days after receiving a complete and valid dossier, the Ministry of Justice shall re-grant a permit for law practice in Vietnam to a foreign lawyer.

Article 23. Extension of permits for law practice in Vietnam for foreign lawyers

1. A foreign lawyer wishing to extend his/her permit for law practice in Vietnam shall, at least 30 days before the expiry date of his/her law practice permit, submit a dossier to the Ministry of Justice. A dossier comprises:

a/ An application for extension of a permit for law practice in Vietnam with a foreign or Vietnamese law-practicing organization’s certification of its continued employment of that lawyer;

b/ Original permit for law practice in Vietnam.

2. Within seven working days after receiving a complete and valid dossier, the Ministry of Justice shall extend a foreign lawyer’s permit for law practice in Vietnam.

Chapter V

EXAMINATION AND INSPECTION OF LAW PRACTICE ORGANIZATION AND ACTIVITIES

Article 24. Tasks and powers of the Ministry of Justice and provincial- level People’s Committees in examination of law practice organization and activities

1. The Ministry of Justice and provincial-level People’s Committees shall examine law practice organization and activities according to their competence.

2. Provincial-level Justice Departments shall assist provincial-level People’s Committees in examining law practice organization and activities in their localities.

Annually, provincial-level Justice Departments shall elaborate plans on examination of law practice organization and activities in their localities. These plans must clearly identify examinees and time and contents of examination; tasks and powers of the heads and members of examination teams; rights and obligations of examinees; and examination order and procedures. A plan on examination of law practice organization and activities shall be notified in writing to examinees at least seven working days before the examination.

Provincial-level Justice Departments may conduct irregular examination as authorized by the Ministry of Justice or provincial-level People’s Committees when detecting signs of violation of law in law practice organization and activities.

Within 15 days after completing an examination, a provincial-level Justice Department shall submit an examination report to the provincial-level People’s Committee and the Ministry of Justice.

Article 25. Principles of examination of law practice organization and activities

Examination of law practice organization and activities should adhere to the following principles:

1. Publicity, objectivity, transparency and compliance with approved plans, except cases of irregular examination.

2. Assurance of confidentiality in law practice under the Law on Lawyers and related laws.

3. Compliance with the law on lawyers and related laws.

Article 26. Examination contents

1. Examination of a lawyers’ socio-professional organization covers the following major issues:

a/ The lawyers’ socio-professional organization’s performance of its rights and obligations under the Law on Lawyers and its guiding documents, the Charter of the Vietnam Bar Federation and the Charter of the concerned bar association;

b/ Settlement of complaints and denunciations under the Law on Lawyers and related laws;

c/ Compliance with the laws on finance, accounting and statistical work;

d/ Regular and irregular reporting; book making and document keeping under the Law on Lawyers and related laws;

e/ Compliance with the law on international cooperation and other laws on lawyers and law practice.

2. Examination of a Vietnamese law-practicing organization or a foreign law-practicing organization in Vietnam covers the following major issues:

a/ Compliance with regulations on operation registration by Vietnamese law-practicing organizations; application for establishment licenses and operation registration certificates by foreign law-practicing organizations in Vietnam; application for permits for law practice in Vietnam by foreign lawyers;

b/ Compliance with the labor law, for cases of hiring employees;

c/ Compliance with the laws on taxes, finance, accounting and statistical work;

d/ Conclusion and performance of legal service contracts under law;

e/ Regular and irregular reporting; book making and document keeping under the Law on Lawyers and related laws;

f/ Compliance with other laws on lawyers and law practice.

3. Examination of an independent law practitioner focuses on the operations stated in the lawyer’s professional practice registration certificate and compliance with the law on lawyers and law practice and other related laws.

4. For provincial-level Justice Departments, examination focuses on the following major issues:

a/ Compliance with the Law on Lawyers and related laws on grant, modification and withdrawal of operation registration certificates of Vietnamese law-practicing organizations and foreign law-practicing organizations in Vietnam;

b/ Regular and irregular reporting; book making and document keeping under the Law on Lawyers and related laws;

c/ Compliance with other laws on lawyers and law practice.

Article 27. Tasks and powers of examination teams

1. An examination team is composed of the head and members. The team head is a representative of the leadership of a state management agency of lawyers and law practice. Team members are representatives of agencies and organizations involved in the examination of law practice organization and activities.

2. An examination team head has the following tasks and powers:

a/ To direct the proper implementation of examination contents and deadline stated in the examination decision;

b/ To extend the examination when necessary;

c/ To request examinees to provide examination-related information and documents;

d/ To make an examination record and an examination report and take responsibility for their accuracy, truthfulness and objectivity;

e/ To sanction according to his/her competence or propose a competent person to sanction administrative violations in law practice organization and activities;

f/ To settle complaints and denunciations about administrative acts or decisions involving examination team members.

3. Examination team members shall perform their tasks assigned by the team head and keep confidential information on examinees.

Article 28. Tasks and obligations of examinees

1. An examinee has the following rights:

a/ To request examination team members and related agencies and organizations to keep information confidential under law;

b/ To receive the examination record and request explanation about its contents;

c/ To reserve his/her/its opinions in the examination record;

d/ To reject examination when there is no examination decision; to refuse to provide information and documents not related to examination contents, information and documents of state secrets or secrets of clients, unless otherwise provided by law;

e/ To denounce acts of violation of law in the course of examination;

f/ To have other rights under law.

2. An examinee has the following obligations:

a/ To comply with the examination decision of a competent state agency;

b/ To fully prepare reports and books under Articles 31, 32, 33 and 36 of this Circular; and other related dossiers and documents under law;

c/ To promptly, fully and accurately provide examination-related information and documents at the examination team’s request; to take responsibility before law for the accuracy and truthfulness of those information and documents;

d/ To sign the examination record after the examination is completed;

e/ To comply with the examination team’s decision;

f/ To have other obligations under law.

Article 29. Examination order and procedures

1. To announce the examination decision when commencing examination of law practice organization and activities.

2. To compare, examine and evaluate contents of reports and produce books, papers and documents under law.

3. To make a record on examination of law practice organization and activities after completing the examination.

4. To handle according to competence or propose a competent authority to handle violations of law.

Article 30. Inspection of law practice organization and activities

The Ministry of Justice and provincial-level People’s Committees shall inspection law practice organization and activities under the inspection law.

Provincial-level Justice Departments shall assist provincial-level People’s Committees in inspecting law practice organization and activities in their localities under the inspection law.

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.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 37. Effect

This Circular takes effect on December 1, 2011, and replaces the Justice Ministry’s Circular No. 02/2007/TT-BTP of April 25, 2007, guiding the Law on Lawyers and the Decree detailing and guiding a number of articles of the Law on Lawyers.

Article 38. Organization of implementation

Heads of the Ministry’s units, directors of provincial-level Justice Departments and concerned agencies, organizations and persons shall implement this Circular.

Any problems arising in the course of implementation should be promptly reported to the Ministry of Justice for study and settlement.-

 

 

FOR THE MINISTER OF JUSTICE
DEPUTY MINISTER




Nguyen Duc Chinh

 

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      Circular No. 17/2011/TT-BTP guiding the law on lawyers and the decree detailing
      Loại văn bảnThông tư
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