1. Activities of a law firm
A law firm is a law practice organization, authorized to provide legal services at the request of individuals, agencies, and organizations, specifically:
– Participate in legal proceedings as a defense counsel for detained persons, defendants, accused persons, or as a protector of the rights and interests of victims, civil plaintiffs, civil defendants, persons with related rights and obligations in criminal cases.
– Participate in legal proceedings as a representative or protector of the lawful rights and interests of plaintiffs, defendants, persons with related rights and obligations in civil disputes, marriage and family matters, business, commercial, labor, administrative cases, as well as civil requests, marriage and family requests, business, commercial, labor requests and other cases and matters as prescribed by law.
– Provide legal consultation.
– Represent clients out-of-court to perform legal-related tasks.
– Perform other legal services as prescribed by law.
2. Conditions for establishing a law firm
To establish a law firm, the enterprise must meet the following conditions:
– Be a legally established single-member limited liability company owned by an individual, a limited liability company with two or more members, or a partnership company.
– The company owner or the company members are not allowed to establish another law practice organization.
– Regarding the organizational structure, the company must ensure:
+ For a single-member LLC law firm, the company owner is the Chairman cum Director of the company;
+ For an LLC law firm with two or more members and a partnership law firm, the members shall agree to appoint one member as the Director of the company.
– Have a head office in the province or centrally-run city where the Bar Association to which the company owner or at least one of the founding members of the company is a member;
– The name of the law office (or law firm) is chosen by the company owner or the members and must comply with the provisions of the Law on Enterprises of Vietnam 2020, but must meet the following conditions:
+ Include the phrase “Partnership Law Firm” or “Limited Liability Law Firm”, for example, “ABC LLC Law Firm”;
+ Must not be identical to or cause confusion with the name of another law practice organization that has been registered for operation;
+ Must not use words or symbols that violate the historical, cultural, ethical traditions and fine customs of the nation.
3. Procedure for registration of operation of a law firm
Before commencing operations, a law firm must register its operations with the Department of Justice, specifically:
3.1. Required documents
– Application form for registration of operation (according to form TP-LS-02 issued with Circular 05/2021/TT-BTP)
– Draft Charter/Bylaws of the law firm (refer to the sample for partnership law firms, single-member LLC law firms, LLC law firms with two or more members)
– Copy of the Lawyer Practice Certificate, copy of the Lawyer’s Card of the company owner or of the company members;
– Documents proving the head office of the law practice organization.
– Authorization letter to carry out the procedure if the person carrying out the procedure is not the Head of the Office.
3.2. Place of submission
The Department of Justice where the law office (or law firm) is located.
3.3. Processing time
10 working days from the date of receipt of a complete dossier.
3.4. Result
Certificate of Operation Registration
4. Some notes after establishing a law firm
– A law firm may only commence operations from the date it is granted the Certificate of Operation Registration.
– Within 07 working days from the date of issuance of the Certificate of Operation Registration, the company owner (for single-member LLCs); the Director and founding members of the company (for LLCs with two or more members and partnership companies) must notify the Bar Association of which they are members. The required documents include:
+ Official notification of commencement of operations;
+ Copy of the Certificate of Operation Registration.
– Within 30 days from the date of issuance of the Certificate of Operation Registration, the law firm must publish the contents of its operation registration.
+ Method: publish in a central or local daily newspaper where the operation is registered or a specialized law newspaper in three consecutive issues
+ Content of publication:
- Company name;
- Address of the company’s head office;
- Areas of practice;
- Full name, address, Lawyer Practice Certificate number of the lawyer who is the Director of the law firm and other founding members;
- Operation Registration Certificate number, place of registration, date, month, year of issuance of the Operation Registration Certificate.
Within 30 days from the date of issuance of the Certificate of Operation Registration, members of the company who are not members of the Bar Association where the company’s head office is located must transfer their membership to join the Bar Association where the company’s head office is located.
