Circular No. 05/2021/TT-BTP guiding certain provisions and measures for the implementation of the Lawyers Law and the Decree detailing certain provisions and measures for the implementation of the Lawyers Law.

CIRCULAR

Guidelines for some provisions and measures to implement the Lawyers Law and the Decree detailing some provisions and measures to implement the Lawyers Lawt Guidelines for some provisions and measures to implement the Lawyers Law

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Pursuant to the Lawyers Law dated June 29, 2006; the Law Amending and Supplementing Certain Provisions of the Lawyers Law dated November 20, 2012;

Pursuant to Decree No. 96/2017/NĐ-CP dated August 16, 2017, issued by the Government on the functions, tasks, powers, and organizational structure of the Ministry of Justice;

Pursuant to the Government Decree No. 123/2013/NĐ-CP dated October 14, 2013 detailing certain provisions and measures to implement the Lawyers Law; the Government Decree No. 137/2018/NĐ-CP dated October 8, 2018 of the Government amending and supplementing certain provisions of the Government Decree No. 123/2013/NĐ-CP dated October 14, 2013 detailing certain provisions and measures to implement the Lawyers Law;

At the proposal of the Director of the Department of Judicial Support;

The Minister of Justice issues this Circular guiding some provisions and measures to implement the Lawyers Law and the Decree detailing certain provisions and measures to implement the Lawyers Law.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates matters concerning recognition of foreign lawyer training; proof of exemption from lawyer training and reduction in probation period; revocation and reissue of Lawyer Practice Certificate; branch manager, change in branch activity registration content and announcement of transaction office establishment of lawyer practice organizations; reissue of License for Establishment and Registration of Foreign Lawyer Practice Organizations, License for Foreign Lawyers to Practice in Vietnam; Bar Association Congresses, National Lawyer Representative Congresses; inspection, reporting system and some forms on organization and lawyer activities.

Article 2. Applicability

This Circular applies to individuals applying for recognition of foreign lawyer training, applicants for issuance and reissuance of Lawyer Practice Certificate, lawyers, lawyer practice organizations, lawyer social-professional organizations, state management agencies on lawyers and lawyer practice, and related individuals, agencies, and organizations.

Chapter II

RECOGNITION OF FOREIGN LAWYER TRAINING; DOCUMENTS PROVING EXEMPTION FROM LAWYER TRAINING AND REDUCTION IN PROBATION PERIOD; REVOCATION AND REISSUE OF LAWYER PRACTICE CERTIFICATE

Article 3. Recognition of foreign lawyer training

1. A certificate of completion of foreign lawyer training program shall be recognized in the following cases:

a) A certificate of completion of foreign lawyer training program issued by a foreign educational institution within the scope of application of an Agreement, Arrangement on equivalence of diplomas or mutual recognition of diplomas or an international treaty related to diplomas that the Socialist Republic of Vietnam has signed;

b) A certificate of completion of foreign lawyer training program issued by an educational institution whose training programs have been recognized by the quality assurance agency of that country or authorized by the competent authority of that country to establish and issue diplomas, certificates, or graduation certificates for foreign lawyer training programs.

2. An individual who has completed a foreign lawyer training program wishing to be recognized in Vietnam shall submit an online application at the Ministry of Justice’s Public Service Portal or through the postal service, or submit directly to the Ministry of Justice. The application includes:

a) Application for recognition of foreign lawyer training;

b) A copy of the certificate of completion of foreign lawyer training program; documents proving compliance with one of the cases specified in Clause 1 of this Article;

c) A copy of the results of foreign lawyer training. The documents specified in Points b and c of this Clause must be legalized according to the law and translated into Vietnamese; the Vietnamese translation must be notarized or certified according to Vietnamese law.

Article 4. Documents proving exemption from lawyer training and reduction in probation period for practicing as a lawyer

Documents proving that a person is exempted from lawyer training pursuant to Article 13 of the Lawyers Law or is exempted or granted a reduction in the probation period for practicing as a lawyer pursuant to Article 16 of the Lawyers Law include one of the following documents:

1. A copy of the Decision on appointment or reappointment as a judge, prosecutor, or investigator, or the Resolution of the People's Council, or the Minutes of the election of judges by the People's Council at the district or provincial level.

2. A copy of the Decision on conferring the rank of Professor or Associate Professor in the field of law, or a copy of the Doctor of Law degree certificate.

3. A copy of the Decision on appointment or reappointment as a Senior Appraiser in the Judiciary, Senior Inspector in the Prosecution Service, Chief Appraiser in the Judiciary, or Chief Inspector in the Prosecution Service, or the Decision on appointment as a Senior Specialist, Senior Researcher, Senior Lecturer, Chief Specialist, Chief Researcher, or Chief Lecturer in the field of law.

4. A copy of the Recruitment Decision or Employment Contract in the field of law.

5. Other lawful documents proving that a person is exempted from lawyer training or granted a reduction in the probation period for practicing as a lawyer.

Article 5. Revocation of Lawyer Practice Certificate

1. When there is evidence to determine that a lawyer falls under one of the cases stipulated in Clause 1 of Article 18 of the Lawyers Law, the Minister of Justice shall issue a decision to revoke the Lawyer Practice Certificate.

2. When there is evidence to determine that a lawyer falls under one of the cases stipulated in Points a, b, c, d, đ, e, h, i, and k of Clause 1 of Article 18 of the Lawyers Law, the Bar Association where the lawyer is a member or other agencies and organizations shall submit a written request to the Minister of Justice to revoke the Lawyer Practice Certificate of such lawyer along with documents proving that the lawyer falls under the case subject to revocation of the Lawyer Practice Certificate.

In the case where a lawyer is disciplined by having their name removed from the list of lawyers of the Bar Association pursuant to Point g of Clause 1 of Article 18 of the Lawyers Law, within seven working days from the date of issuing the Disciplinary Decision against the lawyer, the Board of Directors of the Bar Association shall be responsible for submitting a written request to the Minister of Justice to revoke the Lawyer Practice Certificate along with the Disciplinary Decision against the lawyer. The lawyer whose Lawyer Practice Certificate is revoked must cease practicing as a lawyer from the date of the Disciplinary Decision removing their name from the list of lawyers of the Bar Association.

Annually, the Vietnam Bar Federation and the Department of Justice shall be responsible for reviewing persons falling under the cases stipulated in Clause 1 of Article 18 of the Lawyers Law to request the Minister of Justice to revoke the Lawyer Practice Certificate.

3. Within fifteen days from the date of receipt of the request to revoke the Lawyer Practice Certificate, the Minister of Justice shall issue a decision to revoke the Lawyer Practice Certificate, except in the case where the Disciplinary Decision removing a lawyer's name from the list of lawyers of the Bar Association has been appealed and is being resolved according to the provisions of the law.

The decision to revoke the Lawyer Practice Certificate shall be sent to the lawyer whose Lawyer Practice Certificate is revoked, the Bar Association where they were a member, the Vietnam Bar Federation, central prosecution agencies, the Department of Justice, and local prosecution agencies where the Bar Association was located. In the case where a lawyer's Lawyer Practice Certificate is revoked due to non-membership in a Bar Association as stipulated in Point d of Clause 1 of Article 18 of the Lawyers Law, the decision to revoke the Lawyer Practice Certificate shall be sent to the lawyer whose Lawyer Practice Certificate is revoked and the Department of Justice where the application for issuance of the Lawyer Practice Certificate was submitted. The decision to revoke the Lawyer Practice Certificate shall be published on the Ministry of Justice’s electronic portal.

4. Within seven working days from the date of receipt of the decision to revoke the Lawyer Practice Certificate, the Vietnam Bar Federation shall issue a decision to revoke the Lawyer Card of the lawyer whose Lawyer Practice Certificate is revoked. The decision to revoke the Lawyer Card shall be published on the Vietnam Bar Federation’s electronic portal.

5. The lawyer whose Lawyer Practice Certificate is revoked shall be responsible for returning the original Lawyer Practice Certificate and Lawyer Card to the Bar Association where they were a member. The Board of Directors of the Bar Association shall be responsible for collecting and destroying the Lawyer Practice Certificate and Lawyer Card.

In the case where a lawyer's Lawyer Practice Certificate is revoked due to non-membership in a Bar Association as stipulated in Point d of Clause 1 of Article 18 of the Lawyers Law, the lawyer whose Lawyer Practice Certificate is revoked shall return the original Lawyer Practice Certificate to the Department of Justice where the application for issuance of the Lawyer Practice Certificate was submitted. The Department of Justice shall be responsible for collecting and destroying the Lawyer Practice Certificate.

6. The Lawyer Practice Certificate and Lawyer Card shall be destroyed by cutting off the left corner of the Lawyer Practice Certificate and Lawyer Card.

Article 6. Reissuing the Lawyer Practice Certificate

1. The reissuance of the Lawyer Practice Certificate shall be carried out in accordance with Article 19 of the Lawyers Law. A person requesting to reissue the Lawyer Practice Certificate who has met the requirements for the lawyer practice training examination shall submit an application for reissuance of the Lawyer Practice Certificate to the Bar Association's Board of Directors in accordance with Clause 1 of Article 17 of the Lawyers Law. A person requesting to reissue the Lawyer Practice Certificate who is exempted from lawyer practice training shall submit an application for reissuance of the Lawyer Practice Certificate at the Department of Justice where they reside in accordance with Clause 2 of Article 17 of the Lawyers Law.

2. In cases where the Lawyer Practice Certificate is lost, torn, burned, or due to objective reasons causing changes to the information on the Lawyer Practice Certificate, it shall be reissued.

3. The procedures for reissuing the Lawyer Practice Certificate shall be carried out in accordance with Article 17 of the Lawyers Law.

Chapter III

LEGAL PRACTICE ORGANIZATIONS, FOREIGN LEGAL PRACTICE ORGANIZATIONS, FOREIGN LAWYERS IN VIETNAM

Article 7. Method of numbering the Registration Certificate for Legal Practice Organizations, Individual Lawyer Practice Registration

The Registration Certificate for Legal Practice Organizations and the Individual Lawyer Practice Registration shall be numbered as follows:

The first two digits are the province code (Annex I issued together with this Circular); the next two digits are the code for the form of legal practice (Annex II issued together with this Circular); the following four digits are the registration sequence number shared among all types of legal practice organizations, branches of legal practice organizations, and individual lawyers practicing as such.

In cases where there is a change in the form of organization of a legal practice organization or a change in the content of its business registration, the previously registered sequence number of the legal practice organization shall remain unchanged when reissuing the Registration Certificate for Business Activities.

Article 8. Branch Manager of a Legal Practice Organization

1. A law firm or a law company may appoint a lawyer member or a lawyer employed under a labor contract as the Branch Manager, except in the case of foreign lawyers currently practicing in Vietnam. The law firm manager, law company director, and lawyer members may only serve as Branch Managers of one branch directly subordinate to their respective law firms or law companies. Lawyers employed under a labor contract may only serve as Branch Managers of one branch of a legal practice organization.

2. The law firm manager and law company director are responsible for the entire operation of the legal practice organization and its subordinate units.

Article 9. Branches, Transaction Offices of Legal Practice Organizations

1. If a legal practice organization changes the content of the business registration of its branch in accordance with Clause 2 of Article 41 of the Lawyers Law, it shall be reissued a Registration Certificate for Business Activities by the Department of Justice where the branch is registered.

2. When establishing a transaction office, a legal practice organization shall send a notification letter regarding the establishment of the transaction office, clearly stating the address of the transaction office to the Department of Justice and the local Bar Association where the business activities are registered. In cases where a transaction office of a legal practice organization temporarily suspends operations, ceases operations, or changes its operating address, the legal practice organization must notify the Department of Justice in writing at least five working days before the suspension, cessation, or change of address. The Department of Justice will record the temporary suspension, cessation, or change of address of the transaction office on the Registration Certificate for Business Activities of the legal practice organization.

Article 10. Branch establishment license, foreign law firm establishment license; Branch operation registration certificate of foreign law firms; Foreign lawyer practice license in Vietnam

1. In cases where the branch establishment license, foreign law firm establishment license, branch operation registration certificate of foreign law firms, or foreign lawyer practice license in Vietnam is lost, torn, burned, or due to objective reasons causing changes in information on the establishment license, operation registration certificate, or practice license, the procedures and documents for reissuance shall be carried out in accordance with Articles 78, 79, and 82 of the Lawyers Law.

2. When registering operations at the Department of Justice, branches, foreign law firms must submit a list of foreign lawyers working at the branch or foreign law firm. Within seven working days from the date of signing or terminating labor contracts with foreign lawyers, branches, foreign law firms must notify the Department of Justice in writing about the signing or termination of labor contracts so that the Department of Justice can record this information in the attached appendix of the branch operation registration certificate of foreign law firms.

Chapter IV

PROFESSIONAL ORGANIZATIONS OF LAWYERS

Article 11. Lawyer Congress of Bar Associations and National Lawyer Representative Congress of the Vietnam Bar Federation

1. The Lawyer Congress of Bar Associations is the highest leadership body of the Bar Association. Based on the number of members of the Bar Association, the Charter of the Vietnam Bar Federation, the Bar Association may organize a full congress or a representative lawyer congress. The structure and number of representatives attending the representative lawyer congress are determined by the Bar Association based on the Charter of the Vietnam Bar Federation and must be approved by the People's Committee of the province or centrally governed city (hereinafter referred to as the provincial People's Committee). The allocation of representatives attending the representative lawyer congress of the Bar Association is based on the expected number of representatives to be convened, ensuring representation from practicing lawyer organizations, gender, age, ethnicity, and the residential district, county, town, city structure of lawyers. The selection of representatives attending the representative lawyer congress of the Bar Association must ensure equality, democracy, transparency, and fairness. The Vietnam Bar Federation guides the selection and allocation of representatives attending the representative lawyer congress of the Bar Association.

2. The National Lawyer Representative Congress is the highest leadership body of the Vietnam Bar Federation. The National Lawyer Representative Congress is convened by the National Lawyers Council. The National Lawyers Council provides specific guidance on the number and allocation of representatives attending the National Lawyer Representative Congress. The allocation of representatives attending the National Lawyer Representative Congress is based on the expected number of representatives to be convened, ensuring representation from Bar Associations, gender, age, ethnicity, and regions. The selection of representatives attending the National Lawyer Representative Congress must ensure equality, democracy, transparency, and fairness, and be selected from Bar Associations.

3. Representatives attending the Lawyer Congress of Bar Associations or the National Lawyer Representative Congress must be lawyers and meet the following criteria:

a) Loyalty to the country and compliance with the Constitution and laws of the Socialist Republic of Vietnam;

b) Having good moral character, setting a good example by complying with legal regulations, the Charter of the Vietnam Bar Federation, and the Code of Ethics and Professional Conduct of Vietnamese Lawyers;

c) Having reputation, a spirit of unity, responsibility, and the ability to contribute to the decisions of the Congress.

Article 12. The plan for organizing the Lawyer Congress of the Bar Association and the National Lawyer Representative Congress

The plan for organizing the Lawyer Congress of the Bar Association and the National Lawyer Representative Congress shall be established in accordance with the laws on lawyers and the Charter of the Vietnam Bar Federation, including the following main contents:

1. Purpose and reasons for organizing the Congress;

2. Preparation process for the Congress;

3. Time, location, participants, and list of expected delegates; in the case of organizing a representative congress, clearly specify the number and method of selecting delegates to attend the Congress;

4. Human resources plan and human resources construction plan;

5. Congress script, Congress management script, and working methods;

6. Congress regulations, election regulations, and Congress internal rules;

7. Expected list of the Congress Presidium, President of the Congress, Congress Secretary, Congress Supervisory Board, and Congress Counting Board;

8. Internal Rules of the Bar Association or the Charter of the Vietnam Bar Federation (if there are amendments or supplements);

9. Security assurance for the Congress.

Article 13. Human Resources Construction Plan

1. The human resources construction plan specified in Clause 4 of Article 12 of this Circular includes the following basic contents:

a) Organizational structure, number of expected candidates to be elected;

b) Human resources construction process;

c) Specific criteria for each position;

d) List of specific candidates proposed for each position;

đ) Results of candidate eligibility verification;

2. The expected candidates for the position of Chairperson, Executive Board, Commendation and Disciplinary Council of the Bar Association or President, Vice-President, Standing Committee, National Lawyers Council of the Vietnam Bar Federation must meet the following basic criteria:

a) Loyalty to the country and compliance with the Constitution and laws of the Socialist Republic of Vietnam;

b) Firm political resolve, good moral character, exemplary compliance with legal provisions, the Charter of the Vietnam Bar Federation, and the Vietnamese Lawyer Code of Ethics and Professional Conduct;

c) Reputation, professional expertise, work handling capability, spirit of unity, and responsibility;

d) Availability of time and other conditions necessary for regular participation in the activities of the Bar Association or the Vietnam Bar Federation.

Article 14. Minutes of Approval of the Charter of the Vietnam Bar Federation and the Internal Rules of the Bar Association

1. The minutes of approval of the Charter of the Vietnam Bar Federation and the Internal Rules of the Bar Association include the following main contents:

a) Time, location, number, and composition of delegates attending the Congress;

b) Opinions expressed at the Congress;

c) Voting results for approval.

2. The minutes of approval of the Charter of the Vietnam Bar Federation and the Internal Rules of the Bar Association shall be signed by the President of the Congress and the Congress Secretary; if the minutes have multiple pages, the Secretary shall sign each page of the minutes.

Article 15. Election Minutes

1. The election minutes include the following main contents:

a) Time, location, number, and composition of delegates attending the Congress;

b) Number of positions to be elected;

c) List of candidates;

d) Ballot counting results;

đ) List of successful candidates.

2. The election minutes shall be signed by the Head of the Counting Board and the Head of the Supervisory Board; if the minutes have multiple pages, the Head of the Counting Board and the Head of the Supervisory Board shall sign each page of the minutes.

Article 16. Congress Resolution

1. The Congress resolution includes the following main contents:

a) Time, location, and composition of attendees at the Congress;

b) Congress agenda;

c) Voting results on each issue of the Congress and voting results for approval of the Congress resolution.

2. The Congress resolution shall be signed by the President of the Congress; if the resolution has multiple pages, the President of the Congress shall sign each page of the resolution.

Chapter V

CHECK ON ORGANIZATION AND LAWYER ACTIVITIES

Article 17. Tasks and Authorities of the Ministry of Justice and Provincial People's Committees in Supervising the Organization and Activities of Lawyers

1. The Ministry of Justice and Provincial People's Committees shall supervise the organization and activities of lawyers within their respective jurisdictions.

2. The Legal Aid Agency assists the Minister of Justice in conducting annual inspections on the organization and activities of lawyers nationwide and conducts spot inspections upon the request of the Minister of Justice.

3. The Department of Justice assists the Provincial People's Committee in supervising the organization and activities of lawyers locally. Annually, based on actual conditions, the Department of Justice develops an inspection plan for the organization and activities of lawyers at the local level, clearly defining the inspection targets, timeframes, and contents; the tasks and authorities of the Head of the Inspection Team and team members; the rights and obligations of the inspected entities; procedures and formalities for inspections.

The Department of Justice conducts spot inspections upon the request of the Ministry of Justice or the Provincial People's Committee or in cases where there are signs of violations in the organization and activities of lawyers.

4. The inspection plan for the organization and activities of lawyers must be notified in writing to the inspected entities at least seven working days before the inspection date.

5. Within fifteen days from the end of the inspection, the Department of Justice sends a report to the Provincial People's Committee and the Ministry of Justice regarding the inspection results or conclusions.

Article 18. Principles of Supervision of the Organization and Activities of Lawyers

1. Transparency, objectivity, and clarity, in accordance with approved plans, except in cases of spot inspections.

2. Ensuring confidentiality in the practice of lawyers as stipulated by the Lawyer Law and related laws.

3. Adhering to the provisions of the law on lawyers and legal practice, and related laws.

Article 19. Contents of Inspections

1. For lawyer social-professional organizations, inspections focus on the following main contents:

a) Acceptance of applications for issuance, reissuance, and revocation of lawyer practice certificates; verification of internship results; registration and supervision of internships;

b) Registration for joining the Bar Association; issuance, replacement, and revocation of lawyer identification cards;

c) Implementation of mandatory professional training;

d) Handling complaints and reports within jurisdiction;

đ) Compliance with legal provisions on finance, accounting, and statistics;

e) Periodic and ad hoc reporting; establishment and storage of records and documents according to the Lawyer Law and related laws;

g) Implementation of legal provisions on international cooperation;

h) Fulfillment of other tasks and authorities of lawyer social-professional organizations as prescribed by the Lawyer Law, related laws, and the Vietnam Bar Federation Charter.

2. For Vietnamese and foreign law firms operating in Vietnam, inspections focus on the following main contents:

a) Compliance with regulations on registration and changes to registration information for Vietnamese law firms; application for issuance, reissuance, and changes to the license and registration for foreign law firms operating in Vietnam; application for issuance, reissuance, and extension of licenses for foreign lawyers practicing in Vietnam;

b) Compliance with labor laws when hiring employees;

c) Compliance with tax, financial, accounting, and statistical laws;

d) Signing and implementing legal service contracts in accordance with the law;

đ) Acceptance, monitoring, and guidance of lawyer interns;

e) Periodic and ad hoc reporting; establishment and storage of records and documents according to the Lawyer Law and related laws;

g) Purchase of professional liability insurance for lawyers in accordance with insurance business laws;

h) Participation in mandatory professional training and legal aid provided by lawyers practicing in the firm;

i) Compliance with other legal provisions on lawyers and legal practice.

3. For individual lawyers, the inspection focuses on the contents recorded in the individual lawyer’s practice registration certificate and compliance with legal provisions on lawyers and legal practice, and related laws.

4. For Departments of Justice of provinces and centrally-administered cities, inspections focus on the following main contents:

a) Issuance, change, and revocation of registration certificates for Vietnamese and foreign law firms operating in Vietnam;

b) Periodic and ad hoc reporting, establishment of record templates, and storage of documents according to the Lawyer Law and related laws;

c) Acceptance and verification of applications for issuance of lawyer practice certificates;

d) Implementation of inspection, audit, violation handling, complaint, and report resolution regulations;

đ) Implementation of measures to support the development of the legal profession;

e) Compliance with other legal provisions on lawyers and legal practice.

Article 20. Duties and Authorities of the Inspection Team

1. The Inspection Team consists of the Team Leader and members. The Team Leader is the representative of the state administrative agency responsible for lawyers and their practice. Members of the Inspection Team include representatives from agencies and organizations related to the inspection of lawyer organization and activities.

2. The duties and authorities of the Team Leader are as follows:

a) Directing the implementation in accordance with the content and time limit specified in the inspection decision;

b) Reporting to the person who issued the inspection decision to extend the inspection period if necessary;

c) Requesting the inspected entity to provide information and documents related to the inspection content;

d) Preparing the inspection record; compiling the inspection result report and being responsible for its accuracy, honesty, and objectivity;

đ) Preparing administrative violation records and imposing administrative penalties within their authority or recommending the competent authority to decide on administrative penalties in lawyer organization and activities;

3. Members of the Inspection Team perform tasks assigned by the Team Leader and have the responsibility to keep confidential information related to the inspected entity.

Article 21. Rights and Obligations of the Inspected Entity

1. The inspected entity has the following rights:

a) Requesting members of the Inspection Team and relevant agencies and organizations to keep confidential information in accordance with the law;

b) Receiving the inspection record and requesting an explanation of the record's content;

c) Reserving opinions in the inspection record;

d) Refusing inspection without an inspection decision; refusing to provide unrelated information and documents unless otherwise provided by law;

đ) Reporting illegal acts during the inspection process;

e) Other rights as prescribed by law.

2. The inspected entity has the following obligations:

a) Complying with the inspection decision of the competent state administrative agency;

b) Preparing complete reports and books as stipulated in this Circular, other files and documents as required by law;

c) Providing timely, complete, and accurate information and documents related to the inspection content as requested by the Inspection Team; bearing legal responsibility for the accuracy and honesty of the provided information and documents;

d) Signing the inspection record after the inspection ends;

đ) Complying with the Inspection Team's decisions;

e) Other obligations as prescribed by law.

Article 22. Inspection Procedures and Formalities

1. Announcing the inspection decision at the beginning of the inspection of lawyer organization and activities.

2. Comparing, inspecting, and evaluating the content of reports and books, papers, and documents presented in accordance with the law.

3. Preparing the inspection record on lawyer organization and activities after the inspection ends.

4. Handling according to authority or recommending the competent authority to handle violations of the law.

Chapter VI

REPORTING SYSTEM AND ATTACHED DOCUMENT FORMS

Article 23. Reporting System

1. Annually, Vietnamese law firms and individual practicing lawyers are responsible for preparing reports on their organization and activities to send to the Bar Association and the Department of Justice where the law firm is headquartered or where the individual lawyer is registered. Foreign law firms operating in Vietnam are responsible for preparing reports on their organization and activities to send to the Ministry of Justice and the Department of Justice where they are headquartered. The deadline for submitting annual reports of Vietnamese law firms, individual practicing lawyers, and foreign law firms operating in Vietnam is no later than the 5th day of the last month of the reporting period.

Vietnamese law firms must update data on their organization and activities every six months according to the form issued by Circular No. 03/2019/TT-BTP dated March 20, 2019, of the Minister of Justice regarding certain contents of judicial statistics; and submit ad hoc reports on their organization and activities upon request of the Ministry of Justice or the Department of Justice.

2. Annual reports of lawyer social-professional associations shall be prepared in accordance with Articles 22 and 25 of Decree No. 123/2013/NĐ-CP dated October 14, 2013, of the Government detailing certain provisions and measures to implement the Lawyers Law. The latest submission date for the Bar Association's annual report is the 10th day of the last month of the reporting period; for the Vietnam Federation of Bar Associations' annual report, it is the 15th day of the last month of the reporting period.

3. Annually, the Department of Justice is responsible for preparing reports to send to the Ministry of Justice and provincial People's Committees on lawyer organization and activities in the locality. The content of the Department of Justice's report to the Ministry of Justice is reflected in the Annual Judicial Work Report according to Circular No. 12/2019/TT-BTP dated December 31, 2019, of the Minister of Justice on the periodic reporting system under the jurisdiction of the Ministry of Justice.

Ad hoc reports on lawyer organization and activities in the locality shall be prepared according to the requirements of the Ministry of Justice or provincial People's Committees.

4. The format of the report and the time for finalizing data shall be carried out according to Circular No. 12/2019/TT-BTP dated December 31, 2019, of the Minister of Justice on the periodic reporting system under the jurisdiction of the Ministry of Justice.

4. The form of the report and the time for finalizing the implementation data shall be carried out in accordance with Circular No. 12/2019/TT-BTP dated December 31, 2019, of the Minister of Justice on the periodic reporting regime within the jurisdiction of the Ministry of Justice.

Article 24. Contents of the Report

1. The report of the Department of Justice shall include the following main contents:

a) A summary of the organization and activities of lawyers at the local level;

b) Achievements, difficulties, obstacles and reasons for the development of the lawyer workforce, lawyer practice organizations; lawyer practice activities; implementation of state management tasks regarding lawyers and lawyer practices at the local level; evaluation of the self-management role of the Bar Association; construction of the Party organization within the Bar Association;

c) Proposals and recommendations.

2. The report of the lawyer social-professional organization shall include the following main contents:

a) A summary of the organization and activities of lawyers of the lawyer social-professional organization;

b) Achievements, difficulties, obstacles and reasons for the development of the lawyer workforce, lawyer practice organizations; lawyer practice activities; organization and activities of the Bar Association, Vietnam Lawyers Association; implementation of the self-management role of the lawyer social-professional organization; construction of the Party organization, development of new Party members in the Bar Association, Vietnam Lawyers Association; international cooperation activities of the lawyer social-professional organization;

c) Proposals and recommendations.

3. The report of Vietnamese lawyer practice organizations, individual lawyers practicing, and foreign lawyer practice organizations in Vietnam shall include the following main contents:

a) A summary of the organization and activities of the lawyer practice organization;

b) Achievements, difficulties, obstacles and reasons.

c) Proposals and recommendations.

1. Vietnamese lawyer practice organizations, individual lawyers practicing, and foreign lawyer practice organizations in Vietnam shall fulfill their reporting obligations as prescribed in Clause 8, Article 40 of the Lawyers Law, guided by Articles 23 and 24 of this Circular and Circular No. 03/2019/TT-BTP dated March 20, 2019 of the Minister of Justice on certain contents of statistical activities of the Justice Sector.

Vietnamese lawyer practice organizations shall be responsible for maintaining records according to the models prescribed in Clauses 35, 36, 37, and 38, Article 26 of this Circular, in accordance with labor laws, tax laws, financial laws, accounting laws, statistical laws, and other relevant laws.

Foreign lawyer practice organizations in Vietnam shall be responsible for maintaining records according to the models prescribed in Clauses 35, 36, and 37, Article 26 of this Circular, in accordance with labor laws, tax laws, financial laws, accounting laws, statistical laws, and other relevant laws.

2. Lawyer social-professional organizations shall fully fulfill their reporting obligations as prescribed in Articles 23 and 24 of this Circular.

Lawyer social-professional organizations shall be responsible for maintaining records according to the models prescribed in Clauses 35, 38, 39, and 40, Article 26 of this Circular and in accordance with other relevant laws.

3. Lawyer practice organizations and lawyer social-professional organizations may maintain electronic records. At the end of the year, lawyer practice organizations and lawyer social-professional organizations must print, bind into volumes, and affix stamps according to the provisions of the law. The storage of reports, records, and ledgers shall be carried out in accordance with the law on archives.

Article 26. Forms of documents and registers

1. Application for issuance or reissuance of Lawyer Practice Certificate (Form TP-LS-01);

2. Registration form for the operation of a law office or a limited liability law firm with one member (Form TP-LS-02);

3. Registration form for the operation of a partnership law firm or a limited liability law firm with two or more members (Form TP-LS-03);

4. Registration form for the operation of a branch of a legal practice organization (Form TP-LS-04);

5. Application for registration to practice as a lawyer individually (Form TP-LS-05);

6. Application for change of registered content of a legal practice organization's operation (Form TP-LS-06);

7. Notice of establishment of a transaction office (Form TP-LS-07);

8. Registration form for the operation of a law office or a limited liability law firm with one member (Form TP-LS-08);

9. Registration form for the operation of a partnership law firm or a limited liability law firm with two or more members (Form TP-LS-09);

10. Registration form for the operation of a branch of a legal practice organization (Form TP-LS-10);

11. Registration form for individual lawyer practice (Form TP-LS-11);

12. Application for establishment of a branch of a foreign legal practice organization in Vietnam (Form TP-LS-12);

13. Application for establishment of a limited liability law firm with 100% foreign capital in Vietnam (Form TP-LS-13);

14. Application for establishment of a limited liability law firm in the form of a joint venture in Vietnam (Form TP-LS-14);

15. Application for establishment of a partnership law firm between a foreign legal practice organization and a Vietnamese partnership law firm (Form TP-LS-15);

16. Application for establishment of a branch of a foreign law firm in Vietnam (Form TP-LS-16);

17. Application for reissuance or change of content of the license for establishment of a branch or foreign law firm (Form TP-LS-17);

18. Application for issuance of a practice permit in Vietnam for a foreign lawyer (Form TP-LS-18);

19. Application for reissuance or extension of a practice permit in Vietnam for a foreign lawyer (Form TP-LS-19);

20. Registration form for the operation of a branch of a foreign law firm in Vietnam (Form TP-LS-20);

21. Registration form for the operation of a branch of a foreign legal practice organization in Vietnam (Form TP-LS-21);

22. Registration form for the operation of a limited liability law firm with 100% foreign capital in Vietnam (Form TP-LS-22);

23. Registration form for the operation of a limited liability law firm in the form of a joint venture in Vietnam (Form TP-LS-23);

24. Registration form for the operation of a partnership law firm between a foreign legal practice organization and a Vietnamese partnership law firm (Form TP-LS-24);

25. Registration form for the operation of a branch of a foreign law firm in Vietnam (Form TP-LS-25);

26. Application for reissuance or change of content of the registration for the operation of a branch or foreign law firm (Form TP-LS-26);

27. Application for recognition of overseas legal training (Form TP-LS-27);

28. Application for merger or consolidation of a Vietnamese law firm (Form TP-LS-28);

29. Application for conversion of a Vietnamese legal practice organization (Form TP-LS-29);

30. Application for merger or consolidation of a foreign law firm (Form TP-LS-30);

31. Application for conversion of a branch of a foreign legal practice organization into a limited liability law firm with 100% foreign capital in Vietnam (Form TP-LS-31);

32. Application for conversion of a foreign law firm into a Vietnamese law firm (Form TP-LS-32);

33. Report on the organization and activities of a Vietnamese legal practice organization (Form TP-LS-33);

34. Report on the organization and activities of a foreign legal practice organization in Vietnam (Form TP-LS-34);

35. Register of outgoing and incoming documents (Form TP-LS-35);

36. Register of labor usage (Form TP-LS-36);

37. Register of legal service contracts (Form TP-LS-37);

38. Register of participation in criminal proceedings at the request of prosecution agencies or provision of free legal aid (Form TP-LS-38);

39. Register of rewards, disciplinary actions, and handling of violations (Form TP-LS-39);

40. Register of complaints, accusations, and resolution of complaints and accusations (Form TP-LS-40);

41. Operation registration book (Form TP-LS-41).

Chapter VII

IMPLEMENTING PROVISIONS

Article 27. Effective Date

1. This Circular takes effect from August 10, 2021.

2. Circular No. 17/2011/TT-BTP dated October 14, 2011, issued by the Minister of Justice guiding certain provisions of the Lawyers Law, Decree detailing and guiding implementation of certain provisions of the Lawyers Law, Decree guiding implementation of provisions of the Lawyers Law regarding the organization of lawyers' professional associations, and Circular No. 02/2015/TT-BTP dated January 16, 2015, issued by the Minister of Justice providing certain forms of lawyer-related documents and legal practice shall cease to be effective from the date this Circular takes effect.

Article 28. Implementation Organization

The Director of the Legal Aid Administration, Heads of units under the Ministry of Justice, Directors of Provincial Departments of Justice, and relevant agencies, organizations, and individuals are responsible for implementing this Circular./.