Circular No. 02/2007/TT-BTP guiding certain provisions of the Lawyers Law and detailed regulations and guidance on implementing certain articles of the Lawyers Law.

CIRCULAR

Guidelines for certain provisions of the Lawyers Law,

Decree detailing and guiding the implementation of certain articles of the Lawyers Law

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

Pursuant to Resolution No. 65/2006/QH11 dated June 29, 2006 of the National Assembly on the implementation of the Lawyers Law;

Pursuant to Decree No. 28/2007/NĐ-CP dated February 26, 2007 of the Government detailing and guiding the implementation of certain articles of the Lawyers Law;

Pursuant to Decree No. 62/2003/NĐ-CP dated June 6, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

The Ministry of Justice guides the implementation of certain provisions of the Lawyers Law and Decree No. 28/2007/NĐ-CP as follows:

I. REGARDING THE TRAINING OF LAWYERS

1. Training institutions for lawyers include the Judicial Academy under the Ministry of Justice and training institutions for lawyers established by the National Bar Association.

Training institutions for lawyers must meet the following criteria:

a) Having at least one teacher for every twenty students;

Teachers training lawyers must be lawyers with at least five years of experience practicing as a lawyer, judges, prosecutors, or experts in specialized fields of law; they must have professional reputation, teaching ability, good political and moral qualities;

Teachers training lawyers include permanent teachers and part-time teachers;

b) Having a management staff including the Director, personnel responsible for organization, training, administration, and management;

c) Having a training program and teaching materials consistent with the framework program issued by the Minister of Justice;

d) Having a stable campus, sufficient financial capacity, and other material conditions ensuring a minimum enrollment of two hundred students per course.

2. The establishment dossier for a training institution for lawyers includes:

a) A request for establishing a training institution for lawyers;

b) An establishment plan for a training institution for lawyers, which provides detailed explanations about the source of teachers, management staff, training scale, campus location, financial sources;

c) A curriculum vitae of the Director of the training institution for lawyers;

d) A list attached with curriculum vitae of the teachers; for part-time teachers, there must be a written commitment regarding their participation in teaching at that training institution for lawyers;

đ) The training program for lawyers and the proposed teaching materials;

e) Documents confirming the right to use land, ownership of buildings, or agreements from competent authorities regarding long-term land use rights for construction or lease contracts for buildings and land (at least five years);

g) Documents from financial authorities confirming the financial capability of the organization requesting to establish a training institution for lawyers.

3. The establishment dossier for a training institution for lawyers is submitted to the Ministry of Justice. Within thirty days from the date of receiving all documents, the Minister of Justice will consider issuing a permit to establish a training institution for lawyers; in case of refusal, a written notification with specific reasons must be provided; the person refused has the right to appeal according to the law.

The Legal Aid Department is responsible for receiving and reviewing the establishment dossier for a training institution for lawyers.

4. A training institution for lawyers established by the National Bar Association has legal personality; it operates according to the laws applicable to non-state educational and training institutions.

5. The Legal Aid Department leads the coordination with the Cadre and Civil Servant Organization Department and the Judicial Academy to develop a framework training program for lawyers to be issued by the Minister of Justice.

6. A person holding a certificate of completion of lawyer training issued by a competent authority of a foreign country who wishes to be recognized in Vietnam must submit a dossier to the Ministry of Justice.

The recognition dossier for a certificate of completion of lawyer training includes:

a) A request for recognizing a certificate of completion of lawyer training;

b) A copy of the certificate of completion of lawyer training accompanied by the training program for lawyers.

Within fifteen days from the date of receiving all documents, the Minister of Justice issues a decision recognizing the certificate of completion of lawyer training; in case of refusal, a written notification with specific reasons must be provided; the person refused has the right to appeal according to the law.

II. PROCEDURES FOR REVOKING THE PRACTICE LICENSE OF A LAWYER

1. The Minister of Justice decides to revoke the practice license of a lawyer if the lawyer falls under any of the circumstances specified in Clause 1 of Article 18 of the Lawyers Law.

2. In cases where disciplinary action is taken in the form of removing the name from the list of lawyers of the Bar Association, within seven working days from the date of issuing the disciplinary decision, the Board of Directors of the Bar Association where the disciplined lawyer belongs must submit a written request to the Minister of Justice to revoke the practice license of the lawyer.

In cases where a lawyer is found to fall under any of the circumstances specified in Points a, b, c, đ, and e of Clause 1 of Article 18 of the Lawyers Law, the Board of Directors of the Bar Association where the lawyer is a member must report and request the Minister of Justice to revoke the practice license of the lawyer.

3. Within fifteen days from the date of receiving the request to revoke the practice license, the Minister of Justice issues a decision to revoke the practice license; in case of refusal, a written notification with specific reasons must be provided.

The decision to revoke the practice license is sent to the person whose license is revoked, the Bar Association where the person was a member, the National Bar Association, central prosecution agencies, and the Department of Justice of the locality where the Bar Association is located.

Within seven working days from the date of issuing the decision to revoke the practice license, the Ministry of Justice publishes the revocation of the practice license in three consecutive issues of the Vietnam Law Journal.

Within seven working days from the date of receiving the decision to revoke the practice license, the National Bar Association revokes the lawyer card of the person whose license is revoked. The Board of Directors of the Bar Association is responsible for retrieving the practice license and lawyer card of that person.

4. A person whose practice license is revoked must cease practicing as a lawyer from the date the decision to revoke the practice license becomes effective.

III. PROVISIONS ON TRANSITION FOR LAWYERS

1. The lawyer's practice certificate issued in accordance with the Lawyer Ordinance in 2001 continues to be valid in accordance with the Lawyers Law.

2. Trainee lawyers under the provisions of the Lawyer Ordinance in 2001 continue their training to practice as lawyers in accordance with the Lawyers Law; they shall not accept and perform legal services for clients.

In the case where a trainee lawyer under the provisions of the Lawyer Ordinance in 2001 is currently performing legal services for clients, such cases must be handed over to the supervising lawyer; if the client does not agree, the law firm organization where the supervising lawyer practices and the client shall negotiate to resolve the issue.

3. The time spent training to practice as a lawyer under the provisions of the Lawyer Ordinance in 2001 shall be counted towards the training period for practicing as a lawyer under the provisions of the Lawyers Law.

4. The trainee lawyer card issued in accordance with the Lawyer Ordinance in 2001 shall no longer be valid. The Board of Directors of the Bar Association shall be responsible for recalling the trainee lawyer cards.

5. Trainee lawyers under the provisions of the Lawyer Ordinance in 2001 who are undergoing training to practice at a law firm organization located in a different locality from that of the Bar Association they have joined may continue their training at that law firm organization, but must register their training in accordance with the Lawyers Law at the Bar Association in the locality where the law firm organization they are training at is registered. When registering for training, the trainee lawyer must transfer the original file from the Bar Association they have joined to the Bar Association where they are registering for training.

6. During the period when the national bar association has not yet been established, the examination of the results of training to practice as a lawyer shall be organized and implemented by the Ministry of Justice in accordance with the regulations on the completion of training to practice as a lawyer issued together with Decision No. 667/2004/QĐ-BPT dated December 8, 2004, of the Minister of Justice.

7. During the period when the national bar association has not yet been established, the issuance of the lawyer card shall be carried out by the Board of Directors of the Bar Association in accordance with a unified model of the Ministry of Justice.

IV. TRANSITION PROVISIONS FOR LAW PRACTICE ORGANIZATIONS

1. The registration certificate for a law office established by a single lawyer, the registration certificate for a partnership law firm, the registration certificate for a branch of a law office established by a single lawyer, and the registration certificate for a branch of a partnership law firm issued in accordance with the Lawyer Ordinance in 2001 continue to be valid in accordance with the Lawyers Law.

In the case where a partnership law firm registered for operation in accordance with the Lawyer Ordinance in 2001 wishes to provide legal services in litigation areas, it must submit a request for additional practice areas along with the already issued registration certificate to the Department of Justice where it has registered for operation. Within ten working days from the date of receipt of the request, the Department of Justice shall reissue the registration certificate for the partnership law firm in accordance with the Lawyers Law.

2. Within six months from the effective date of the Lawyers Law, a law office established by several lawyers in accordance with the Lawyer Ordinance in 2001 must complete the procedures to convert to a partnership law firm in accordance with the Lawyers Law at the Department of Justice where it has registered for operation; if it does not convert, it must cease operations.

The conversion file includes:

a) A request for conversion;

b) A draft Charter of the partnership law firm;

c) A list of members;

d) The registration certificate of the law office.

Within seven working days from the date of receiving all the files, the Department of Justice shall issue the registration certificate for the partnership law firm.

The partnership law firm may choose to use the old name of the converted law office or a new name. The partnership law firm shall enjoy the rights of the converted law office and shall be responsible for fulfilling the obligations that the converted law office has not completed.

Within fifteen days from the date of obtaining the registration certificate, the partnership law firm must submit a request to convert the branch of the law office into a branch of the partnership law firm to the Department of Justice where the branch has registered for operation; attached to the request are the registration certificate of the branch of the law office, a copy of the registration certificate of the partnership law firm. Within seven working days from the date of receipt of the request to convert the branch, the Department of Justice shall issue the registration certificate for the branch of the partnership law firm in accordance with the Lawyers Law.

3. Law offices and partnership law firms registered for operation in accordance with the Lawyer Ordinance in 2001 wishing to convert to a limited liability law firm must cease operations and complete the procedures to register for operation of a limited liability law firm in accordance with the Lawyers Law. The limited liability law firm may use the name of the law office or partnership law firm that has ceased operations.

4. The registration certificates for law practice organizations and the registration certificates for individual lawyers practicing as individuals shall be numbered as follows:

The first two digits are the province code (Annex 1 issued together with this Circular); the next two digits are the code for the form of law practice (Annex 2 issued together with this Circular); the following four digits are the sequential registration number shared among various types of law practice organizations, branches of law practice organizations, and individual lawyers practicing as individuals.

The sequential number of the registration certificate issued in accordance with the Lawyers Law shall be recorded immediately after the last sequential number of the registration certificate issued in accordance with the Lawyer Ordinance in 2001. For the cases of converting the form of law practice organization as stipulated in Clauses 2 and 3 of this Section, the sequential number already registered for the law office or partnership law firm shall be retained when issuing a new registration certificate.

V. TRANSITION PROVISIONS FOR FOREIGN LAW PRACTICE ORGANIZATIONS AND FOREIGN LAWYERS IN VIETNAM

1. The License for Establishment, the Registration Certificate for Operation of the Branch of Foreign Law Firm, the Foreign Law Firm, and the Branch of Foreign Law Firm in Vietnam, and the Practice License of Foreign Lawyer in Vietnam issued according to the provisions of Decree No. 87/2003/NĐ-CP dated July 22, 2003 of the Government on the practice of foreign law firms and foreign lawyers in Vietnam shall continue to be valid in accordance with the Lawyers Law.

2. The registration number of the Registration Certificate for Operation of foreign law firm in Vietnam issued according to the provisions of the Lawyers Law shall be recorded consecutively following the last registration number of the Registration Certificate issued according to the provisions of Decree No. 87/2003/NĐ-CP dated July 22, 2003 of the Government on the practice of foreign law firms and foreign lawyers in Vietnam.

VI. PROVISIONS ON TRANSITION FOR INDIVIDUALS AND ORGANIZATIONS ENGAGED IN LEGAL SERVICES BUSINESS UNDER THE ENTERPRISE LAW

1. Within six months from the date the Lawyers Law takes effect, organizations that have registered to engage in legal services business under the Enterprise Law must complete the procedures to cease engaging in legal services business according to the Enterprise Law; if they wish to continue providing legal services, they must register their activities at the Department of Justice according to one of the forms of legal practice organizations prescribed in the Lawyers Law.

2. Individuals engaged in legal services business under the Enterprise Law who wish to continue providing legal services must obtain a Legal Practice Certificate, join a Bar Association, and practice law according to the provisions of the Lawyers Law.

VII. PROVISIONS ON CONTINUATION FOR BAR ASSOCIATIONS

1. Bar Associations established according to the Lawyers Ordinance 2001 shall continue to operate according to the provisions of the Lawyers Law.

2. The Board of Directors, the Reward and Disciplinary Committee of the Bar Association elected according to the Lawyers Ordinance 2001 shall continue to perform their duties and powers according to the provisions of the Lawyers Law until a new Board of Directors and Reward and Disciplinary Committee are elected according to the Lawyers Law.

VIII. INSPECTION AND AUDIT REGARDING LEGAL PRACTICE ORGANIZATIONS AND ACTIVITIES

1. The Ministry of Justice, People's Committees of provinces and centrally governed cities shall carry out inspections regarding the organization and activities of legal practitioners within their respective jurisdictions.

2. Annually, the Department of Justice shall conduct inspections regarding the organization and activities of legal practitioners in the locality. The time and content of the periodic inspection must be notified to the inspected entity at least seven days before the inspection is conducted.

The Department of Justice may conduct spot inspections upon request of the Ministry of Justice or the People's Committee of provinces and centrally governed cities.

3. The contents of the inspection include:

a) Inspection of the organization and practice activities of Vietnamese legal practice organizations and foreign legal practice organizations in Vietnam;

b) Inspection of compliance with legal regulations by individual lawyers practicing as individuals;

c) Inspection of compliance with legal regulations in the activities of lawyer social-professional organizations.

4. The Ministry of Justice, People's Committees of provinces and centrally governed cities, and the Department of Justice shall carry out audits regarding the organization and practice activities of legal practitioners according to the legal regulations on auditing.

IX. REPORTING REGIME

1. Semi-annually and annually, the Department of Justice shall report to the Ministry of Justice on the organization and activities of legal practitioners in the locality (according to model TP-LS 11 and model TP-LS 20). The semi-annual report from January 1 to June 30 shall be submitted before July 15; the annual report from January 1 to December 31 shall be submitted before January 15 of the following year.

In addition to regular reports, the Department of Justice shall report on the organization and activities of legal practitioners in the locality upon request of the Ministry of Justice.

2. The Department of Justice shall report to the People's Committee of provinces and centrally governed cities on the organization and activities of legal practitioners in the locality.

X. ATTACHMENT TO THIS CIRCULAR ARE THE FOLLOWING FORMS:

1. Application for issuance of Legal Practice Certificate (model TP-LS-01);

2. Curriculum vitae (model TP-LS-02);

3. Application for registration of operation of Law Office, Limited Liability Law Firm (model TP-LS-03);

4. Application for registration of operation of Partnership Law Firm, Limited Liability Law Firm with two or more members (model TP-LS-04);

5. Application for registration of operation of Branch of Legal Practice Organization (model TP-LS-05);

6. Application for registration of individual legal practice (model TP-LS-06);

7. Registration Certificate for operation of Law Office, Limited Liability Law Firm (model TP-LS-07);

8. Registration Certificate for operation of Partnership Law Firm, Limited Liability Law Firm with two or more members (model TP-LS-08);

9. Registration Certificate for operation of Branch of Legal Practice Organization (model TP-LS-09);

10. Registration Certificate for individual legal practice (model TP-LS-10);

11. Report of the Department of Justice on the organization and practice activities of legal practitioners in the locality (model TP-LS-11);

12. Application for establishment of branch of foreign legal practice organization, 100% foreign-owned Limited Liability Law Firm in Vietnam (model TP-LS-12);

13. Application for establishment of Limited Liability Law Firm in the form of joint venture in Vietnam (model TP-LS-13);

14. Application for issuance of practice license in Vietnam of foreign lawyer (model TP-LS-14);

15. Registration Certificate for operation of Branch of Foreign Legal Practice Organization in Vietnam (model TP-LS-15);

16. Registration Certificate for operation of 100% foreign-owned Limited Liability Law Firm in Vietnam (model TP-LS-16);

17. Registration Certificate for operation of Limited Liability Law Firm in the form of joint venture in Vietnam (model TP-LS-17);

18. Registration Certificate for operation of Branch of Foreign Law Firm in Vietnam (model TP-LS-18);

19. Report on the organization and activities of Branches, Foreign Law Firms in Vietnam (model TP-LS-19);

20. Report of the Department of Justice on the practice activities of Branches, Foreign Law Firms, and foreign lawyers in the locality (model TP-LS-20).

XI. EFFECTIVE DATE OF IMPLEMENTATION

This Circular shall take effect fifteen days from the date of publication in the Official Gazette.

During implementation, if any difficulties arise, they are requested to be reported to the Ministry of Justice for timely resolution./.