1. Activities of the lawyer’s office
A law office is an organization practicing law, licensed to provide legal services at the request of individuals, agencies, and organizations, specifically:
– Participate in legal proceedings as a defense attorney for a detainee, a defendant, or a person protecting the rights of a victim, a civil plaintiff, a civil defendant, or a person with rights. Relevant obligations in criminal cases.
– Participate in proceedings as a representative or protector of the legitimate rights and interests of the plaintiff, defendant, and people with related rights and obligations in civil and marital dispute cases. marriage and family, business, commerce, labor, administration, civil claims, marriage and family, business, commerce, labor and other cases and matters according to the provisions of law .
– Providing legal advice.
– Representing clients outside of litigation to perform law-related work.
– Perform other legal services according to the provisions of law.
2. Conditions for establishing a law office
To establish a law office, a business must meet the following conditions:
– Is a private enterprise legally established by a lawyer.
– The Head of the Law Office is not allowed to establish another law practice organization.
– Headquartered in a province or centrally run city where there is a Bar Association of which the Head of Office is a member;
– The name of the law office is chosen by the lawyer and according to the provisions of the Enterprise Law 2020 but must meet the following conditions:
+ Includes the phrase “law office”, for example “ABC Law Office”;
+ Must not be identical or confusing with the name of another registered law practice organization;
+ Do not use words or symbols that violate the historical, cultural, ethical traditions and fine customs of the nation.
3. Register to operate a Law Office
Before starting operations, a lawyer’s office must register its operations with the Department of Justice, specifically:
3.1. Profile components
– Application for operation registration (according to form TP-LS-02 issued with Circular 05/2021/TT-BTP )
– Copy of Law Practicing Certificate, copy of Office Head’s Lawyer Card;
– Documents proving the headquarters of the law-practicing organization.
– Authorization letter to carry out the procedure if the person carrying out the procedure is not the Head of the Office.
– Draft Charter of the law firm.
3.2. Place to submit application
Department of Justice where the lawyer’s office is located.
3.3. Resolution deadline
10 working days from the date of receipt of complete documents.
3.4. Result
Operation registration certificate
4. Some notes after establishing a law office
– A lawyer’s office may only begin operating from the date it is granted an Operation Registration Certificate.
– Within 07 working days from the date of issuance of the Operation Registration Certificate, the Head of the Law Office must notify the Bar Association of which he/she is a member. Document components include:
+ Document announcing the start of operations;
+ Copy of Operation Registration Certificate.
– Within 30 days from the date of issuance of the Operation Registration Certificate, the Law Office must publish the contents of the Operation Registration Certificate.
+ Method: publish daily newspapers of central or localities where operations are registered or specialized law newspapers for three consecutive issues
+ Announced content:
- Name of the lawyer’s office;
- Address of the lawyer’s office;
- Field of practice;
- Full name, address, law practice certificate number of the head of the law office;
- Number of Operation Registration Certificate, place of operation registration, date, month and year of issuance of Operation Registration Certificate.
