| THE GOVERNMENT ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------- |
| No: 28/2007/ND-CP | Hanoi, February 26, 2007 |
DECREE
DETAILING AND GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE LAW ON LAWYERS
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to June 29, 2006 Law No. 65/2006/QH11 on Lawyers;
Pursuant to the National Assembly's Resolution No. 65/2006/QH11 of June 29, 2006, on the implementation of the Law on Lawyers;
At the proposal of the Minister of Justice,
DECREES:
Chapter I
CRITERIA OF LAWYERS
Article 1.- Law bachelor diplomas
Person holding a law bachelor diploma defined in Article 10 of the Law on Lawyers means a person having a university diploma in law granted by a Vietnamese higher educational institution or a foreign higher educational institution recognized in Vietnam under regulations of the Ministry of Education and Training or a treaty to which the Socialist Republic of Vietnam is a contracting party.
Article 2.- Lawyer-training establishments
1. Lawyer-training establishments under the Justice Ministry and those under the National Bar Association are tasked to train lawyers.
2. A vocational training establishment meeting all the following conditions may train lawyers:
a/ Having an adequate and synchronously structured number of administrators and teachers with good moral qualities and training skills who can ensure the achievement of lawyer-training objectives and programs;
b/ Having training programs and curricula conformable with the framework lawyer-training program;
c/ Having adequate material and financial bases as well as teaching and learning aids.
The Justice Minister shall specify criteria and procedures for the founding of lawyer-training establishments.
3. Only graduation certificates issued by lawyer-training establishments of the Justice Ministry, the National Bar Association or foreign lawyer-training establishments recognized by the Justice Minister are valid under the provisions of Article 12 of the Law on Lawyers.
Chapter II
LAW-PRACTICING ORGANIZATIONS
Article 3.- Written requests for registration of operations of law-practicing organizations
A written request for registration of operations of a law-practicing organization has the following principal contents:
1. The name of the lawyer's office or the law firm.
2. The address of its head office.
3. The full names and permanent residence addresses of the chief of the lawyer's office or the owner (of a one-member limited liability law firm) or members (of a limited liability law firm with two or more members or a law partnership).
4. The full name of the at-law representative (of a limited liability law firm with two or more members or a law partnership).
5. The domains of law practice.
The Justice Ministry shall specify a model written request for registration of operations of law-practicing organizations.
Article 4.- Charters of law firms
The charter of a law firm has the following principal contents:
1. The name and address of the firm's head office.
2. The type of the law firm.
3. The domains of its law practice.
4. The full names and permanent residence addresses of the owner (of a one-member limited liability law firm) or members (of a limited liability law firm with two or more members or a law partnership).
5. The rights and obligations of the owner or members.
6. The capital portions contributed by the members (of a limited liability law firm with two or more members).
7. The conditions and procedures for inclusion in, or withdrawal from, the list of members (of a limited liability law firm with two or more members or a law partnership).
8. The organizational, managerial and executive apparatuses.
9. The procedures for approval of decisions and resolutions; principles for settlement of internal disputes.
10. The principles for profit sharing and responsibilities of members for the firm's obligations (for a limited liability law firm with two or more members or a law partnership).
11. Cases of suspension or termination of operation and procedures for asset liquidation.
12. The procedures for amendment and supplementation of the charter of the law firm.
The charter of a law firm must bear the signature of the owner or those of all members of the firm.
Article 5.- Registration of operations of law-practicing organizations
1. A lawyer's office or limited liability law firm with two or more members shall register operations with the Justice Service of the province or city where exists the bar association of which the chief of the office or the director of the firm is a member.
A law partnership or a limited liability law firm with two or more members whose members all join a bar association shall register operations with the Justice Service of the province or city where that bar association exists.
A law partnership or a limited liability law firm with two or more members whose members join different bar associations shall register operations with the Justice Service of the province or city where it is headquartered.
2. Procedures for registration of operations of law-practicing organizations shall comply with the provisions of Article 35 of the Law on Lawyers.
3. An operation registration paper of a lawyer's office or a law firm shall be made in two copies, one to be granted to the lawyer's office or the law firm and the other to be kept at the provincial/municipal Justice Service.
4. Within 7 days after granting an operation registration paper to a lawyer's office or a law firm, the provincial/municipal Justice Service shall send its copies to the local tax office and the Justice Ministry.
5. Lawyer's offices and law firms shall pay an operation registration fee at the business registration fee rate set for enterprises.
6. After being granted operation registration papers, lawyers' offices and law firms may engrave and use seals in accordance with the seal law.
Article 6.- Operation registration papers of law-practicing organizations
An operation registration paper of a law-practicing organization has the following principal contents:
1. The name and address of its head office;
2. The domains of its practice;
3. The full name of its at-law representative;
4. The full name and permanent residence address of its members.
The Justice Ministry shall specify the form of operation registration papers of law-practicing organizations.
Article 7.- Registration of operations of branches of law-practicing organizations
1. Procedures for registration of operations of branches of law-practicing organizations shall comply with the provisions of Article 41 of the Law on Lawyers. Within seven days after being granted a branch's operation registration paper, a law-practicing organization shall send notify such in writing to the Justice Service of the province or city where it is headquartered and to the bar association in the locality where its branch is based.
2. When registering operations of their branches, lawyers' offices and law firms shall pay a registration fee at the rate set for registration of the setting up of enterprise branches.
3. After being granted operation registration papers, branches of law-practicing organizations may use their seals in accordance with the seal law.
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