CONDITIONS FOR ESTABLISHING A LAW OFFICE, LAW FIRM

Table of Contents

1. What is a law office, law firm?

2. Conditions for establishing a law office, law firm

3. Procedures for establishing a law office, law firm

1. What is a law office, law firm?

According to the provisions of the Law on Lawyers, a law office and a law firm are two forms of law practice organizations.

Pursuant to Clause 1, Article 33 of the Law on Lawyers 2006, amended and supplemented in 2012, stipulates:

“1. A lawyer’s office set up by a lawyer is organized and operates in the form of a private enterprise.

The lawyer who sets up a lawyer’s office is the chief of the office and takes charge of fulfilling all the office’s obligations with all his/her property. The chief of an office is the office’s representative at law.”

Pursuant to Article 34 of the 2006 Law on Lawyers, amended and supplemented in 2012, it is stipulated that:

“Article 34. Law firm

1. Law firms include law partnerships and limited liability law firms. Law firms’ members must be lawyers.

2. A law partnership must be set up by at least two lawyers. Law partnerships do not have capital-contributing members.

3. Limited liability law firms include limited liability law firms with two or more members and one-member limited liability law firms.

A limited liability law firm with two or more members must be set up by at least two lawyers.

A one-member limited liability law firm is set up by one lawyer who is also the owner of the firm.

4. Members of a law partnership or limited liability law firm with two or more members shall reach agreement to nominate one of them to be the firm’s director. The lawyer who owns a one-member limited liability law firm is the firm’s director.

5. The names of law partnerships or limited liability law firms with two or more members shall be selected and agreed upon by all members; the names of one-member limited liability law firms shall be selected by the firms’ owners in accordance with the Enterprise Law, which, however, must contain the phrase “cong ty luat hop danh” (law partnership) or “cong ty luat huu han” (limited liability law firm), must not be identical to, or cause confusion with, the names of other registered law-practicing organizations, and must not contain words, phrases or symbols against the historical, cultural or ethical traditions as well as fine customs of the nation.”

2. Conditions for establishing a law office or law firm

Pursuant to Clause 3, Article 32 of the 2006 Law on Lawyers, amended and supplemented in 2012, the conditions for establishing a law practice organization include:

– A lawyer establishing or participating in establishing a law practice organization must have at least two consecutive years of practice under a labor contract for a law practice organization or practicing as an individual under a labor contract for an agency or organization as prescribed by this Law;

– The law practice organization must have a working office.

– A lawyer may only establish or participate in establishing one law practice organization. In the case where lawyers from different Bar Associations jointly participate in establishing a law firm, they may choose to establish and register their operations in the locality where there is a Bar Association of which one of the lawyers is a member.

– Within thirty days from the date of being granted the Certificate of Registration of Practice, lawyers who establish or participate in the establishment of a law practice organization that is not a member of the Bar Association where the law practice organization is located must transfer to join the Bar Association where the law practice organization or branch of the law practice organization is located according to the provisions of Article 20 of this Law.

3. Conditions for establishing a law office or law firm

3.1 Application for registration of establishment of a law firm

Pursuant to Clause 2, Article 35 of the 2006 Law on Lawyers, amended and supplemented in 2012, the application for registration of a law practice organization includes:

“a/ A written request for operation registration, made according to a set form;

b/ A draft charter of the law firm;

c/ Copies of the law practice certificate and lawyer’s card of the lawyer who sets up the lawyer’s office, sets up or joins in setting up the law firm.

d/ Papers evidencing the headquarters of the law-practicing organization.”

3.2 Procedures for establishing a law firm

Step 1: Drafting documents to establish a law firm

Step 2: Submitting documents to register to establish a law firm

Pursuant to Clause 1, Article 35 of the 2006 Law on Lawyers, amended and supplemented in 2012, the following provisions apply:

– At the Department of Justice in the locality where the Bar Association is located, of which the Head of the law office or Director of the law firm is a member.

– In case the law firm is jointly established by lawyers from different Bar Associations, it shall register its operations at the Department of Justice in the locality where the company is headquartered.

Step 3: Receiving documents and publishing business information

Pursuant to Clauses 3 and 4, Article 35 of the 2006 Law on Lawyers, amended and supplemented in 2012, the following provisions apply:

– Within 10 working days from the date of receiving a complete dossier, the Department of Justice shall issue a Certificate of Registration of Operation to the law practice organization.

– Within 07 working days from the date of issuance of the Certificate of Operation or change of the registration of the law practice organization, the Department of Justice must notify in writing the tax authority, the statistical agency, other competent state agencies, the People’s Committee of the district, town, provincial city, the People’s Committee of the commune, ward, town and the Bar Association where the law practice organization is headquartered. – In case of refusal, a written notice must be given stating the reasons, the person whose Certificate of Operation is refused has the right to appeal in accordance with the provisions of law.