Decree No. 05/2012/NĐ-CP Amending and supplementing certain articles of decrees on registration of secured transactions, legal aid, lawyers, and legal consultation.

DECREE

Amending and supplementing certain articles of Decrees on registration of secured transactions, legal aid, lawyers, and legal consultation.

Implementing Resolution No. 52/NQ-CP dated December 10, 2010 of the Government on simplifying administrative procedures within the scope of management functions of the Ministry of Justice;

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Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Legislative Acts of 03 June 2008;

Considering the proposal of the Minister of Justice.

Article 1. Amending and supplementing certain articles of Decree No. 83/2010/NĐ-CP dated July 23, 2010 of the Government on registration of secured transactions.

DECREE:

1. Amend the phrase

"Maritime Branch or Port Maritime Office under the Vietnam Maritime Administration" to the phrase "Vietnam Ship Registration Authority" in Clause 2, Article 24, Clause 2, Article 25, Clause 2, Article 26, Clause 2, Article 27, and Clause 2, Article 47. 2. Clause 2, Article 52 shall be supplemented as follows:

"2. Abolish Point b, Clause 2, Article 31 of Decree No. 84/2007/NĐ-CP dated May 25, 2007 of the Government providing additional provisions on issuing certificates of land use rights, land recovery, implementation of land use rights, procedures and formalities for compensation, support, and resettlement when the State recovers land, and handling complaints about land."

3. Amending and supplementing the following phrases:

a) Supplement the phrase "(01 set)" in the phrases regarding types of registration files in Clause 1 of Articles 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 34, 35, 36, and 37.

b) Amend the phrase "Request for cancellation of ship mortgage registration" in Clause 1, Article 27 to the phrase "Request for cancellation of ship mortgage registration".

c) Remove the phrase "certified copy of the certificate of legal status of the person requesting registration" in Point c, Clause 1, Article 20, Point c, Clause 1, Article 21, Point c, Clause 1, Article 22, Point d, Clause 1, Article 23, Point c, Clause 1, Article 24, Point d, Clause 1, Article 25, Point c, Clause 1, Article 26, Point d, Clause 1, Article 27, Point d, Clause 1, Article 28, Point d, Clause 1, Article 29, Point c, Clause 1, Article 30, and Point d, Clause 1, Article 31.

4. Abolish Clause 2, Article 53.

Article 2. Amending and supplementing Article 27 of Decree No. 07/2007/NĐ-CP dated January 12, 2007 of the Government detailing and guiding the implementation of certain provisions of the Legal Aid Law as follows:

"1. A person who meets the criteria specified in Clause 1, Article 22 of the Legal Aid Law and does not fall into any of the cases specified in Clause 3, Article 20 of the Legal Aid Law, if voluntarily becoming a volunteer, shall submit their application to the Center at the locality where they reside or work. The application for becoming a volunteer includes:

b) A certified copy of a bachelor's degree in law; a bachelor's degree in another field or a diploma in law;

a) An application form for becoming an assistant in the prescribed format;

c) A personal resume with confirmation from the People's Committee of the commune, ward, or town where the applicant resides or works, or from the organization where the applicant is working, including two color photographs measuring 2 cm x 3 cm.

In case the applicant for becoming a volunteer is permanently residing in a region with special difficulties in economic and social conditions, ethnic minority and mountainous regions, and has worked in the legal field for three years or more, or has legal knowledge and reputation in the community, then in addition to the documents and materials specified in Points a and c above, the application for becoming a volunteer must include a certificate of legal work experience issued by the agency or organization where the applicant has or is currently working, or a certificate from the People's Committee of the commune confirming the applicant's legal knowledge and reputation in the community.

2. Within four working days from the date of receipt of the application, the Director of the Center will check the completeness and accuracy of the application. If the application is valid, it will be submitted to the Director of the Department of Justice for examination, recognition, and issuance of a volunteer card. In case the application is invalid, it will be returned to the applicant along with a written notification of the reasons.

3. Within three working days from the date of receipt of the application submitted by the Center Director, the Director of the Department of Justice will examine and issue a decision recognizing and issuing a volunteer card. In case of rejection, a written notification of the reasons must be provided to the applicant. The rejected applicant has the right to appeal against the refusal to recognize and issue a volunteer card. The appeal resolution will be carried out in accordance with the law on appeals."

Within three working days from the date of receiving the file submitted by the Director of the Center, the Director of the Department of Justice shall examine, issue a decision to recognize and issue a collaborator card. In case of refusal, the reasons must be clearly communicated in writing to the person applying for collaborator status. The person refused has the right to appeal against the refusal to recognize and issue a collaborator card. The handling of appeals shall be carried out in accordance with the provisions of the law on appeals.

1. Article 8 shall be amended and supplemented as follows:

"1. A limited liability law firm with one member may convert to a limited liability law firm with two or more members. A limited liability law firm with two or more members may convert to a limited liability law firm with one member.

2. In cases where a limited liability law firm with one member converts to a limited liability law firm with two or more members, or vice versa, the Director of the law firm must submit one set of conversion documents directly or through the postal system to the Department of Justice at the location where the firm is registered for operation. The conversion documents include:

a) A request for conversion stating the purpose and reasons for the conversion;

b) A draft Charter of the new law firm;

c) A list of members or owner lawyers of the new law firm;

d) The registration certificate already issued.

3. Within five working days from the date of receiving complete conversion documents or papers as stipulated in Clause 2 of this Article, the Department of Justice shall issue a registration certificate for the limited liability law firm according to the provisions of the Lawyers Law. In case of refusal, a written notification with detailed reasons must be provided."

2. Clause 1 of Article 19 is amended and supplemented as follows:

"1. Foreign law firms shall submit one set of documents including the merger agreement and a request for merger, directly or through the postal system to the Ministry of Justice. The merger agreement must specify procedures and conditions for merger; labor utilization plan; time frame, procedures, and conditions for asset conversion; and the time frame for implementing the merger. Within ten days from the date of receipt of valid documents, the Ministry of Justice shall issue a decision approving the merger in the form of issuing a license to establish a new foreign law firm; in case of refusal, the reason must be notified in writing."

3. Clause 1 of Article 20 is amended and supplemented as follows:

"1. Related foreign law firms shall submit one set of documents including the absorption agreement and a request for absorption, directly or through the postal system to the Ministry of Justice. The absorption agreement must specify the labor utilization plan; time frame, procedures, and conditions for asset conversion; and procedures and time frame for implementing the absorption."

4. Clause 2 and Clause 5 of Article 21 are amended and supplemented as follows:

"2. In cases where a foreign lawyer practice organization in Vietnam temporarily ceases operations as prescribed in Point a, Clause 1 of this Article, it must notify in writing, directly or through the postal system to the Ministry of Justice, at least thirty days before the planned cessation date.

Within seven working days from the date of receipt of the notification, the Ministry of Justice shall issue a decision approving the temporary cessation of operations of the foreign lawyer practice organization in Vietnam. In case of non-approval, the Ministry of Justice must provide a written notification with the reasons.

The foreign lawyer practice organization in Vietnam may cease operations from the date of receipt of the approval document from the Ministry of Justice.

5. At least thirty days before the planned resumption date, the foreign lawyer practice organization in Vietnam must submit a written report directly or through the postal system to the Ministry of Justice, the Department of Justice, the Bar Association, and the tax authority of the locality where its headquarters is located regarding the resumption of operations."

Article 4. Amending and supplementing some articles of Decree No. 77/2008/NĐ-CP dated July 16, 2007 of the Government on legal advisory services.

1. Article 13 is amended and supplemented as follows:

"1. The Legal Advisory Center shall register its operation with the Department of Justice at the location where the Center's headquarters is situated. When registering its operation, the Legal Advisory Center shall submit one set of registration documents directly or through the postal service to the Department of Justice.

The registration documents include:

a) Application for registration of activities;

b) Decision of the managing organization regarding the establishment of the Legal Advisory Center; regarding the appointment of the Director of the Legal Advisory Center;

c) Draft regulation on the organizational structure and operation of the Legal Advisory Center issued by the managing organization;

d) List attached to the registration documents of persons proposed for issuance of the Legal Advisor Card, of lawyers working under labor contracts with the Center.

Within five working days from the date of receiving complete and valid registration documents, the Department of Justice shall be responsible for issuing the Registration Certificate for the Legal Advisory Center; in case of refusal, it must notify the reasons in writing.

2. When issuing the Registration Certificate for the Legal Advisory Center, the Department of Justice shall simultaneously issue the Legal Advisor Card to persons meeting the criteria stipulated in Clause 1, Article 19 of this Decree. The Ministry of Justice shall prescribe the model of the Registration Certificate and the Legal Advisor Card.

3. The Legal Advisory Center may commence operations from the date it receives the Registration Certificate."

2. Clause 1 of Article 20 shall be amended and supplemented as follows:

"1. Persons requesting issuance of the Legal Advisor Card shall submit one set of application documents directly or through the postal service to the Department of Justice.

The application documents for the Legal Advisor Card include:

a) Application for issuance of the Legal Advisor Card;

b) Copy of the Bachelor's Degree in Law;

c) Certificate confirming the period of legal work experience of the person applying. Within five working days from the date of receiving complete and valid application documents, the Department of Justice, where the Legal Advisory Center has registered its operation, shall be responsible for issuing the Legal Advisor Card to persons meeting the conditions; in case of refusal, it must notify the reasons in writing."

1. Clause 2 of Article 8 is amended and supplemented as follows:

"2. The founding members of the Bar Association shall establish and submit one set of registration documents directly or through the postal service to the Department of Justice of the provincial or centrally-administered city. Within fifteen days from the date of receiving complete registration documents, the Department of Justice shall take the lead and coordinate with the Department of Home Affairs to examine the documents and report to the People's Committee of the province or centrally-administered city (hereinafter referred to as the Provincial People's Committee) on granting permission to establish the Bar Association.

Within five working days from the date of receiving the examination report of the Department of Justice along with the documents, the Provincial People's Committee shall send a document to the Ministry of Justice about establishing the Bar Association in the locality. Within seven working days from the date of receiving the document of the Provincial People's Committee, the Ministry of Justice shall send a document about establishing the Bar Association.

After obtaining the written agreement of the Minister of Justice, within seven working days from the date of receipt, the Chairman of the Provincial People's Committee shall decide to grant permission to establish the Bar Association; in case of refusal, he must notify the reasons in writing. The person refused has the right to appeal in accordance with the provisions of the law."

2. Clause 1, Clause 2 of Article 10 shall be amended and supplemented as follows:

"1. Within seven working days from the date the Charter of the Bar Association is approved, the Board of Directors of the Bar Association shall submit one set of documents requesting approval of the Charter directly or through the postal service to the Department of Justice. The documents include:

a) Request for approval of the Charter;

b) Charter and minutes of the approval of the Charter;

c) Resolution of the Congress;

d) Agreement of the Vietnam Bar Federation on the content of the Charter.

2. Within twenty days from the date of receiving complete documents, the Department of Justice shall take the lead and coordinate with the Department of Home Affairs to examine the documents and report to the Provincial People's Committee on approving the Charter of the Bar Association.

Within seven working days from the date of receiving the examination report of the Department of Justice along with the documents, the Chairman of the Provincial People's Committee shall decide to approve or refuse to approve the Charter of the Bar Association; in case of refusal, he must notify the reasons in writing."

3. Clause 3 of Article 11 shall be amended and supplemented as follows:

"3. At least thirty days before the planned date of organizing the Congress term, the Board of Directors of the Bar Association shall submit directly or through the postal service to the Provincial People's Committee a report on the Project for organizing the Congress term, the plan for building the Board of Directors, the Reward and Disciplinary Council for the new term. Within fifteen days from the date of receiving the report of the Board of Directors of the Bar Association, the Provincial People's Committee shall entrust the Department of Justice to take the lead and coordinate with the Department of Home Affairs to examine and consider the Project for organizing the Congress term, the plan for building the Board of Directors, the Reward and Disciplinary Council for the new term.

Within seven working days from the date of receiving the report of the Department of Justice, the Provincial People's Committee shall examine and consider the Project for organizing the Congress term, the plan for building the Board of Directors, the Reward and Disciplinary Council for the new term."

4. Clause 2 Article 12 shall be amended and supplemented as follows:

"2. Within seven working days from the end of the Congress, the Board of Directors of the Bar Association must submit directly or through the postal service to the Department of Justice a report on the results of the Congress, accompanied by the election minutes, list of the Director, members of the Board of Directors, Reward and Disciplinary Council of the Bar Association; Resolution of the Congress.

Within ten working days from the date of receiving the report on the results of the Congress, the Department of Justice shall take the lead and coordinate with the Department of Home Affairs to examine and report to the Provincial People's Committee on approving the results of the Congress of the Bar Association.

Within five working days from the date of receiving the report of the Department of Justice, the Provincial People's Committee shall decide to approve or refuse to approve the results of the Congress; in case of refusal, it must notify the reasons in writing."

5. Clause 2 of Clause 3 of Article 15 shall be amended and supplemented as follows:

"2. In case the Board of Directors of the Bar Association falls under any of the cases stipulated at points a, b, and c of Clause 1 of this Article, the Executive Board of the Vietnam Bar Federation shall directly send or transmit through the postal system to the People's Committee of the province a document requesting the People's Committee of the province to issue a decision suspending the operations of the Board of Directors of the Bar Association and requiring the Bar Association to convene an extraordinary congress to elect a new Board of Directors and a new Director of the Bar Association.

Within seven working days from the date of receipt of the request of the Executive Board of the Vietnam Bar Federation, the People's Committee of the province shall issue a decision suspending the operations of the Board of Directors of the Bar Association and requiring the Bar Association to convene an extraordinary congress to elect a new Board of Directors and a new Director of the Bar Association. In case of refusal, the reason must be notified in writing.

The Disciplinary Council of the Bar Association temporarily performs the duties and powers of the Board of Directors; the Chairman of the Disciplinary Council temporarily performs the duties and powers of the Director of the Bar Association until a new Board of Directors and a new Director are elected.

Within sixty days from the date of the decision suspending the Board of Directors of the Bar Association, the Chairman of the Disciplinary Council of the Bar Association must convene an extraordinary congress of lawyers.

3. In case the Director of the Bar Association falls under any of the cases stipulated in Clause 1 of this Article, the Executive Board of the Vietnam Bar Federation shall directly send or transmit through the postal system to the People's Committee of the province a document requesting the People's Committee of the province to issue a decision suspending the position of Director and requiring the Board of Directors of the Bar Association to appoint a Deputy Director of the Bar Association to act as the Director of the Bar Association until a new Director is elected.

Within seven working days from the date of receipt of the request of the Executive Board of the Vietnam Bar Federation, the People's Committee of the province shall issue a decision suspending the position of Director and requiring the Board of Directors of the Bar Association to appoint a Deputy Director of the Bar Association to act as the Director of the Bar Association until a new Director is elected. In case of refusal, the reason must be notified in writing.

Within thirty days from the date of appointment, the Acting Director of the Bar Association must convene an extraordinary congress to elect a new Director of the Bar Association.

6. Clause 1 of Article 20 is amended and supplemented as follows:

"1. Within seven working days from the date the Charter of the Vietnam Bar Federation is approved, the National Lawyers Council shall directly send or transmit through the postal system to the Ministry of Justice one set of documents requesting approval of the Charter.

1. A registration form for issuing a journalist card filled out by the applicant according to the model; approved and stamped by the head of the applying agency (Model No. 1);

a) Request for approval of the Charter;

b) Charter and minutes of the approval of the Charter;

c) Resolution of the Congress."

7. Clause 3 of Article 21 is amended and supplemented as follows:

"3. At least sixty days before the planned date for organizing the term congress, the Executive Board of the Vietnam Bar Federation shall directly send or transmit through the postal system to the Ministry of Justice a report on the organization plan of the term congress and the proposal for building leadership positions of the Vietnam Bar Federation for the new term. The Ministry of Justice shall take the lead and coordinate with the Ministry of Home Affairs to examine and provide comments on the organization plan of the term congress.

8. Clause 2 of Article 22 is amended and supplemented as follows:

"2. Within ten working days from the end of the congress, the Executive Board of the Vietnam Bar Federation must directly send or transmit through the postal system to the Ministry of Justice a report on the results of the congress, accompanied by the election minutes and a list of candidates for leadership positions of the Vietnam Bar Federation, and the Resolution of the Congress.

Within fifteen days from the date of receipt of the report on the results of the congress, the Ministry of Justice shall examine and approve or refuse to approve the election results and the Resolution of the Congress of the Vietnam Bar Federation after obtaining the opinion of the Ministry of Home Affairs.

9. Clause 2 of Article 25 is amended and supplemented as follows:

"2. In case the National Lawyers Council falls under any of the cases stipulated at points a, b, and c of Clause 1 of this Article or the President of the Vietnam Bar Federation falls under any of the cases stipulated in Clause 1 of this Article, the Minister of Justice shall take the lead and coordinate with the Minister of Home Affairs to propose the Prime Minister to issue a decision suspending the operations of the National Lawyers Council or suspending the position of President of the Vietnam Bar Federation and requiring the Vietnam Bar Federation to convene an extraordinary congress to elect new leadership positions of the Federation.

Within sixty days from the date of receipt of the request of the Minister of Justice, the Prime Minister shall issue a decision regarding the suspension of the operations of the National Lawyers Council or the suspension of the position of President of the Vietnam Bar Federation and requiring the Vietnam Bar Federation to convene an extraordinary congress to elect new leadership positions of the Federation.”

10. Clause 2 of Article 27 is amended and supplemented as follows:

“2. In case the Vietnam Bar Federation is dissolved according to the provisions of Clause 1 of this Article, the Prime Minister shall issue a decision dissolving the Vietnam Bar Federation and deciding on the establishment of the Vietnam Bar Federation again. Within sixty days from the date of receipt of the request of the Ministry of Justice, the Prime Minister shall issue a decision dissolving the Vietnam Bar Federation.”

Article 6. Implementation Provisions

This Decree takes effect from April 1, 2012. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of provincial People's Committees, municipal People's Committees under the Central Government, relevant organizations and individuals are responsible for implementing this Decree./.