Decree No. 112/2025/ND-CP Amending and Supplementing Certain Provisions of Decrees in the Judicial Support Field

 

DECREE

AMENDMENTS AND SUPPLEMENTS TO CERTAIN ARTICLES OF DECREES IN THE FIELD OF LEGAL ASSISTANCE

FALLS WITHIN THE DOMAIN OF LEGAL AID

On the basis of Law on Government Organization dated February 18, 2025;

On the basis of Law on Commercial Arbitration dated June 17, 2010;

On the basis of Bankruptcy Law dated June 19, 2014;

On the basis of Lawyer Law dated June 29, 2006; Law Amending and Supplementing Certain Articles of the Lawyer Law dated November 20, 2012;

At the proposal of the Minister of Justice;

The Government issues this Decree to amend and supplement certain articles of Decrees in the field of legal assistance.

Article 1. Amend and supplement certain articles of Decree No. 63/2011/NĐ-CP dated July 28, 2011 of the Government detailing and guiding the implementation of certain provisions of the Commercial Arbitration Law, which has been amended and supplemented by Decree No. 124/2018/NĐ-CP dated September 19, 2018 of the Government.

1. Amend and supplement Article 5 as follows:

Article 5. Submitting administrative procedure files electronically

1. Organizations and individuals prepare electronic files, fill out electronic forms and declarations according to the requirements of the online public service system as follows:

a) Fill out forms and declarations on the provided electronic forms; sign digital signatures on forms, declarations, and electronic documents if required. The requirement for signing digitally shall be publicly announced before organizations and individuals submit electronic files. Electronic documents signed with digital signatures have the same legal effect as paper documents signed properly;

b) Upload valid electronic documents or reference materials from the organization's or individual's electronic data repository.

2. Organizations and individuals perform administrative procedures through the National Public Service Portal via an electronic identity account established by the electronic identification and authentication system and integrated on the National Public Service Portal.

3. Administrative procedure agencies extract information and data from the National Database, specialized databases, and information systems as prescribed by law, and supplement documents into the file of organizations and individuals performing administrative procedures electronically without requiring them to provide or present these documents.

2. Amend and supplement Clause 1 of Article 8 as follows:

"1. The registration dossier of the Arbitration Center shall be sent through postal services or directly to the Department of Justice of the province or centrally-administered city where the Arbitration Center is located, or online on the National Public Service Portal. The registration dossier includes one set:

a) Application for registration of activities;

b) A copy with the original for comparison or an electronic copy or an electronically certified copy from the original or a certified copy of the Arbitration Center’s Charter."

3. Amend and supplement Clause 1 of Article 10 as follows:

"1. Within fifteen days from the date of the decision to establish a Branch, the Arbitration Center shall send the registration dossier of the Branch through postal services or directly to the Department of Justice of the province or centrally-administered city where the Branch is located, or online on the National Public Service Portal. The registration dossier includes one set:

a) Application for registration of activities;

b) The original or an electronic copy of the Decision establishing the Branch of the Arbitration Center."

4. Amend and supplement Clause 3, Clause 4, and Clause 5 of Article 11 as follows:

"3. Within fifteen days from the date the approval document for changing the content of the License becomes effective, the Arbitration Center shall submit a request to change the content of the Registration Certificate through postal services or directly to the Department of Justice where the Arbitration Center is registered, or online on the National Public Service Portal. Within three working days from the date of receipt of the dossier, the Department of Justice shall decide to change the content of the Registration Certificate of the Arbitration Center.

4. In case of changing the legal representative or the location of the headquarters within the province or centrally-administered city, the Arbitration Center shall complete the change procedures as stipulated in Clause 3 of this Article within seven days from the date of change. Within three working days from the date of the decision to change for the Arbitration Center, the Department of Justice shall notify in writing the Ministry of Justice.

In case of changing the location of the headquarters to another province or centrally-administered city, the Arbitration Center shall notify the transfer of the headquarters location to the Department of Justice of the province or centrally-administered city where the Arbitration Center is located and submit the registration application along with a copy with the original for comparison or an electronic copy or an electronically certified copy from the original or a certified copy of the License for Establishing the Arbitration Center through postal services or directly to the Department of Justice where the new headquarters is located, or online on the National Public Service Portal.

Within five working days from the date of receiving a complete and valid dossier, the Department of Justice of the province or centrally-administered city where the new headquarters is located shall issue the Registration Certificate to the Arbitration Center; notify the Department of Justice of the province or centrally-administered city where the old headquarters was located; if rejected, it must notify the reasons in writing. An Arbitration Center that is refused issuance of the Registration Certificate has the right to appeal or sue in accordance with the law.

From the date the Arbitration Center is issued the Registration Certificate by the Department of Justice of the province or centrally-administered city where the new headquarters is located, the Registration Certificate issued by the Department of Justice of the province or centrally-administered city where the old headquarters was located ceases to have legal effect. Within three working days from the date of receipt of the notification of issuance of the Registration Certificate to the Arbitration Center by the Department of Justice of the province or centrally-administered city where the new headquarters is located, the Department of Justice of the province or centrally-administered city where the old headquarters was located shall issue a decision to revoke the previously issued Registration Certificate and publish it on the Department of Justice's electronic portal.

5. In case of changing the Branch Manager or the location of the Branch within the province or centrally-administered city, the Branch shall complete the change procedures as stipulated in Clause 3 of this Article within seven days from the date of the decision to change.

In the case where the branch changes its headquarters location to another province or centrally governed city, the branch shall notify the Department of Justice at the location of the current headquarters and submit an application for registration of operations along with a copy attached to the original for verification, or an electronic copy, or an electronic copy from the original record, or an electronically certified copy from the original, or a certified copy of the Certificate of Operation of the branch through postal services or directly to the Department of Justice at the new location of the branch or online on the National Public Service Portal.

Within five working days from the date of receiving complete valid documents, the Department of Justice of the province or centrally governed city where the branch's new headquarters is located shall issue a Certificate of Operation to the branch; notify the Department of Justice of the province or centrally governed city where the branch's old headquarters was located; if refusal is made, the reasons must be notified in writing. The branch refused issuance of the Certificate of Operation has the right to lodge complaints or initiate legal proceedings in accordance with the law.

From the date the branch receives the Certificate of Operation issued by the Department of Justice of the province or centrally governed city where the branch's new headquarters is located, the Certificate of Operation issued by the Department of Justice of the province or centrally governed city where the branch's old headquarters was located ceases to have legal effect. Within three working days from the date of receipt of the notification of issuance of the Certificate of Operation for the branch by the Department of Justice of the province or centrally governed city where the branch's new headquarters is located, the Department of Justice of the province or centrally governed city where the branch's old headquarters was located shall issue a decision to revoke the previously issued Certificate of Operation and publish it on the Department of Justice’s Electronic Information Portal.

5. Amend and supplement Clause 1 of Article 22 as follows:

“1. Within sixty days from the date of issuance of the License for Establishment, the branch of a foreign arbitration organization shall submit an application for registration of operations through postal services or directly to the Department of Justice of the province or centrally governed city where the branch's headquarters is located or online on the National Public Service Portal.”

6. Amend and supplement Clause 2 and Clause 3 of Article 23 as follows:

“2. Within fifteen days from the date of receipt of the document approving the change in the content of the License for Establishment of the Branch of a Foreign Arbitration Organization, the branch shall submit a request for change in the content of the Certificate of Operation through postal services or directly to the Department of Justice where the branch's headquarters is located or online on the National Public Service Portal.

The Department of Justice shall decide on the change in the content of the Certificate of Operation of the branch.

3. In the case of changing the Head of the Branch or the location of the headquarters of the foreign arbitration organization within the same province or centrally governed city, within seven days from the date of the decision to change, the branch must notify in writing the competent authority that issued the License for Establishment and submit a request for change in the content of the Certificate of Operation through postal services or directly to the Department of Justice where the headquarters is located or online on the National Public Service Portal.

In the case of changing the headquarters location to another province or centrally governed city, the branch of the foreign arbitration organization shall notify through postal services or directly to the Department of Justice of the province or centrally governed city where the branch's headquarters is located and submit an application for registration of operations along with a copy attached to the original for verification, or an electronic copy, or an electronic copy from the original record, or an electronically certified copy from the original, or a certified copy of the License for Establishment of the branch through postal services or directly to the Department of Justice of the province or centrally governed city where the branch's new headquarters is located or online on the National Public Service Portal.

Within five working days from the date of receiving complete valid documents, the Department of Justice of the province or centrally governed city where the branch's new headquarters is located shall issue a Certificate of Operation to the branch; notify the Department of Justice of the province or centrally governed city where the branch's old headquarters was located; if refusal is made, the reasons must be notified in writing. The branch refused issuance of the Certificate of Operation has the right to lodge complaints or initiate legal proceedings in accordance with the law.

From the date the branch receives the Certificate of Operation issued by the Department of Justice of the province or centrally governed city where the branch's new headquarters is located, the Certificate of Operation issued by the Department of Justice of the province or centrally governed city where the branch's old headquarters was located ceases to have legal effect. Within three working days from the date of receipt of the notification of issuance of the Certificate of Operation for the branch by the Department of Justice of the province or centrally governed city where the branch's new headquarters is located, the Department of Justice of the province or centrally governed city where the branch's old headquarters was located shall issue a decision to revoke the previously issued Certificate of Operation and publish it on the Department of Justice’s Electronic Information Portal.

7. Repeal Clause 2 of Article 22.

Article 2. Amend and supplement some articles of Decree No. 22/2017/NĐ-CP dated February 24, 2017 of the Government on commercial mediation

1. Add Article 6a after Article 6 as follows:

"Article 6a. Submitting administrative procedure documents electronically

1. Organizations and individuals prepare electronic files, fill out electronic forms and declarations according to the requirements of the online public service system as follows:

a) Fill out application forms and declarations on provided electronic forms; sign digital signatures on application forms, declarations, electronic documents if required. The requirement for signing digitally shall be publicly announced before organizations or individuals submit electronic documents. Electronically signed documents have the same legal effect as paper documents signed validly;

b) Upload valid electronic documents or reference materials from the organization's or individual's electronic data repository.

2. Organizations and individuals perform administrative procedures through the National Public Service Portal via an electronic identity account established by the electronic identification and authentication system and integrated on the National Public Service Portal.

3. The agency implementing administrative procedures shall extract information and data from the National Database, specialized databases, and information systems in accordance with the law, and supplement documents and materials into the electronic administrative procedure file of individuals and organizations without requiring them to provide or present these documents and materials."

2. Amending and supplementing Clause 2 Article 8 as follows:

"2. Individuals applying to register as commercial mediators shall submit registration files through postal services or directly to the Department of Justice of the province or centrally governed city where they reside or online on the National Public Service Portal. The registration file includes one set:

a) An application form for registering as a commercial mediator issued by the Ministry of Justice;

b) A copy with the original for verification or an electronic copy or an electronic copy from the original record or an electronically certified copy from the original or a certified copy of a bachelor's or postgraduate degree certificate;

c) A copy with the original for verification or an electronic copy or an electronic copy from the original record or an electronically certified copy from the original or a certified copy of a document proving at least two years of work experience in the relevant field, confirmed by the organization or entity where the individual works.

Documents issued by foreign agencies or organizations or notarized or authenticated abroad must be legalized according to Vietnamese law, except in cases exempted from legalization under international treaties to which the Socialist Republic of Vietnam is a party."

3. Amend and supplement Article 21 as follows:

"Article 21. Procedures for establishing a Commercial Mediation Center

1. Vietnamese citizens who meet the qualifications of commercial mediators as stipulated in Clause 1 of Article 7 of this Decree wishing to establish a Commercial Mediation Center shall submit establishment registration files through postal services or directly to the Department of Justice of the province or centrally governed city where the Center is located or online on the National Public Service Portal. The establishment registration file includes one set:

a) An application form for establishing a Commercial Mediation Center issued by the Ministry of Justice along with a list of founding members;

b) A copy with the original for verification or an electronic copy or an electronic copy from the original record or an electronically certified copy from the original or a certified copy of a document proving that the founding members meet the qualifications of commercial mediators as stipulated in Clause 1 of Article 7 of this Decree;

c) A draft of the Center’s Mediation Rules.

The content of the Center’s Mediation Rules must not contravene the provisions of the law.

2. Within fifteen days from the date of receiving a complete file, the Department of Justice shall examine and submit it to the Chairman of the People's Committee of the province or centrally governed city for consideration and issuance of a license to establish the Commercial Mediation Center. Within five working days from the date the Department of Justice submits the establishment application file, the Chairman of the People's Committee of the province or centrally governed city shall consider and issue a license to establish the Commercial Mediation Center. The applicant for establishing the Commercial Mediation Center shall collect the result at the Department of Justice where the file was submitted. If the Chairman of the People's Committee of the province or centrally governed city rejects the application, he/she must notify the reasons in writing. The rejected applicant has the right to appeal or sue in accordance with the law."

4. Amend and supplement Clause 1 of Article 22 as follows:

"1. Within thirty days from the effective date of the decision granting the establishment license of the Commercial Mediation Center, the Center shall submit an application for registration of activities in the prescribed form through postal services or directly to the Department of Justice of the province or centrally governed city where the Center is located or online on the National Public Service Portal. After this period, if the Commercial Mediation Center does not register its activities, the establishment license will lose its validity, except in cases of legitimate reasons."

5. Amend and supplement Clause 1 of Article 23 as follows:

"1. Arbitration Centers that have been granted an establishment license and registered their activities in accordance with the law on commercial arbitration wishing to carry out commercial mediation activities shall submit files through postal services or directly to the Department of Justice of the province or centrally governed city where the Center is located or online on the National Public Service Portal. The file includes one set:

a) An application for supplementary commercial mediation activities in the prescribed form issued by the Ministry of Justice;

b) A draft of the Center’s Mediation Rules.

Within seven days from the date of receiving a complete file, the Department of Justice shall examine and submit it to the Chairman of the People's Committee of the province or centrally governed city for consideration and decision to approve supplementary commercial mediation activities for the Arbitration Center. Within three working days from the date the Department of Justice submits the supplementary activity application file, the Chairman of the People's Committee of the province or centrally governed city shall consider and decide to approve supplementary commercial mediation activities for the Arbitration Center. The applicant for supplementary commercial mediation activities for the Arbitration Center shall collect the result at the Department of Justice where the file was submitted. If the Chairman of the People's Committee of the province or centrally governed city rejects the application, he/she must notify the reasons in writing. The Arbitration Center shall register changes to the content of the Registration Certificate of Activities at the Department of Justice of the province or centrally governed city where the Center registered its activities."

6. Amend and supplement Clause 3 of Article 25 as follows:

"3. Within fifteen days from the date of the decision to establish a branch, the Commercial Mediation Center shall submit the registration dossier for the branch's operation through postal services or directly to the Department of Justice of the province or centrally governed city where the branch is located, or online on the National Public Service Portal. The registration dossier includes one set:

a) A request for registration of the branch's operation according to the form issued by the Ministry of Justice;

b) A copy with the original for comparison, or an electronic copy, or an electronically certified copy from the original, or a certified copy of the Decision establishing the branch of the Commercial Mediation Center.

Within five working days from the date of receiving a complete and valid dossier, the Department of Justice shall issue the Registration Certificate for the branch's operation. The Department of Justice shall send a copy of the Registration Certificate for the branch to the Ministry of Justice."

7. Amend and supplement Article 26 as follows:

"Article 26. Change of Name and Address of the Commercial Mediation Center

1. In case of a change in name, the Commercial Mediation Center shall submit a request for change according to the form issued by the Ministry of Justice through postal services or directly to the Department of Justice of the province or centrally governed city where the Center is located, or online on the National Public Service Portal.

Within seven days from the date of receiving a complete and valid dossier, the Department of Justice shall examine and report to the Chairman of the People's Committee of the province or centrally governed city for consideration and approval of the change. Within three working days from the date the Department of Justice submits the dossier, the Chairman of the People's Committee of the province or centrally governed city shall consider and approve the change. The person requesting the name change of the Commercial Mediation Center shall collect the result at the Department of Justice where the dossier was submitted. If the Chairman of the People's Committee of the province or centrally governed city rejects the application, they must notify the reason in writing.

Within fifteen days from the date the Chairman of the People's Committee of the province or centrally governed city's approval of the name change becomes effective, the Commercial Mediation Center shall submit a request for changing the name in the Registration Certificate through postal services or directly to the Department of Justice where the Center registered its activities, or online on the National Public Service Portal. Within five working days from the date of receiving the request from the Center, the Department of Justice shall decide to change the name in the Registration Certificate of the Center.

2. In case of a change in the address of the headquarters to another province or centrally governed city, the Commercial Mediation Center shall notify the transfer of the headquarters' location to the Department of Justice of the province or centrally governed city where the Center is currently located and submit a request for establishment along with a copy with the original for comparison, or an electronic copy, or an electronically certified copy from the original, or a certified copy of the License to Establish the Center through postal services or directly to the Department of Justice where the new headquarters is located, or online on the National Public Service Portal.

Within three working days from the date of receiving a complete and valid dossier, the Department of Justice shall examine and report to the Chairman of the People's Committee of the province or centrally governed city where the new headquarters is located to issue the License to Establish the Center. Within two working days from the date the Department of Justice submits the dossier, the Chairman of the People's Committee of the province or centrally governed city where the new headquarters is located shall issue the License to Establish the Center. The person requesting the change of the headquarters' address of the Commercial Mediation Center shall collect the result at the Department of Justice where the dossier was submitted. If the Chairman of the People's Committee of the province or centrally governed city rejects the application, they must notify the reason in writing. The Center that is refused the License to Establish has the right to appeal or sue according to the provisions of the law.

From the date the Center is issued the License to Establish by the Chairman of the People's Committee of the province or centrally governed city where the new headquarters is located, the previously issued License to Establish of the Center shall lose its legal validity. Within three working days from the date of receiving the notification of issuing the License to Establish for the Center by the Chairman of the People's Committee of the province or centrally governed city where the new headquarters is located, the Department of Justice where the old headquarters is located shall report to the Chairman of the People's Committee of the province or centrally governed city where the old headquarters is located to revoke the previously issued License to Establish and publish it on the People's Committee's electronic information portal. The Department of Justice where the old headquarters is located shall revoke the previously issued Registration Certificate and publish it on the Department of Justice's electronic information portal. The procedures for registering the operation of the Center shall be carried out according to the provisions of Article 22 of this Decree.

3. In case of a change in the location of the headquarters within the same province or centrally governed city, the Commercial Mediation Center shall notify in writing to the Department of Justice where the Center registered its activities within seven days from the date of the change in the location of the headquarters."

8. Amend and supplement Article 27 as follows:

"Article 27. Reissue of the License to Establish, Registration Certificate of the Commercial Mediation Center, and Registration Certificate of the Branch of the Commercial Mediation Center

1. In case the License to Establish is lost, burned, torn, deteriorated, or destroyed in other ways, the Commercial Mediation Center shall submit a request for reissuance of the License to Establish through postal services or directly to the Department of Justice of the province or centrally governed city where the Center is located, or online on the National Public Service Portal to obtain a reissued License to Establish.

Within seven days from the date of receiving a complete and valid dossier, the Department of Justice shall examine and report to the Chairman of the People's Committee of the province or centrally governed city to reissue the License to Establish for the Commercial Mediation Center.

2. In case the Registration Certificate for operation is lost, burned, torn, deteriorated, or destroyed in another manner, the Center or its branch shall submit a request for reissue of the Registration Certificate for operation through postal service or directly to the Department of Justice of the province or centrally governed city where the Center or its branch registered for operation, or online on the National Public Service Portal to obtain a reissued Registration Certificate.

Within five working days from the date of receiving a complete file, the Department of Justice shall reissue the Registration Certificate for operation for the Commercial Mediation Center and the Registration Certificate for operation for the branch of the Commercial Mediation Center.

9. Amend and supplement Clause 2 and Clause 3 of Article 30 as follows:

“2. In case an organization or individual discovers that the Commercial Mediation Center falls under the circumstances subject to revocation of the establishment license, they shall notify the Department of Justice of the province or centrally governed city where the Center registered for operation. The Department of Justice shall conduct examination and verification. If it is found that the Commercial Mediation Center falls under the circumstances subject to revocation of the establishment license according to Clause 1 of this Article, the Department of Justice shall issue a document requesting the Chairman of the People's Committee of the province or centrally governed city where the Center is headquartered to revoke the establishment license, specifying the reasons accompanied by relevant documents (if available).

3. Within fifteen days from the date of receipt of the Department of Justice’s document, the Chairman of the People's Committee of the province or centrally governed city shall examine and decide to revoke the establishment license of the Commercial Mediation Center.

Within seven working days from the date the decision to revoke the establishment license of the Chairman of the People's Committee of the province or centrally governed city where the Center is headquartered becomes effective, the Department of Justice which issued the Registration Certificate for operation of the Commercial Mediation Center shall issue a decision to revoke the Registration Certificate for operation of the Center.

10. Amend and supplement some Points and Clauses of Article 31 as follows:

a) Amend and supplement Clause 2, Clause 3, and Clause 4 as follows:

“2. In case of cessation of operations as provided for in Point a, Clause 1 of this Article, at least thirty days before the cessation of operations, the Commercial Mediation Center shall send a notice of cessation of operations to the Department of Justice of the province or centrally governed city where the Center registered for operation.

Within sixty days from the date of the cessation decision, the Commercial Mediation Center shall settle all debts and other financial obligations, liquidate all contracts, and complete all received cases, except in cases of other agreements.

3. Within ten days from the date of completion of the procedures stipulated in Clause 2 of this Article, the Commercial Mediation Center shall submit a report through postal service or directly to the Department of Justice where the Center registered for operation, or online on the National Public Service Portal. Within seven days from the date of receipt of the Commercial Mediation Center's report, the Department of Justice shall present a decision to the Chairman of the People's Committee of the province or centrally governed city to revoke the establishment license. Within five working days from the date the Chairman of the People's Committee of the province or centrally governed city's decision to revoke the establishment license becomes effective, the Department of Justice shall issue a decision to revoke the Registration Certificate for operation of the Center.

4. In case of cessation of operations as provided for in Point b, Clause 1 of this Article, within sixty days from the date the Chairman of the People's Committee of the province or centrally governed city's decision to revoke the establishment license of the Commercial Mediation Center becomes effective, the Center shall settle all debts and other financial obligations, liquidate all contracts, and complete all received cases, except in cases of other agreements.”

b) Amend and supplement Point c, Clause 5 as follows:

“c) The Arbitration Center does not engage in any commercial mediation activities within five years from the date the decision to add commercial mediation activities of the Chairman of the People's Committee of the province or centrally governed city becomes effective;”

c) Amend and supplement Clause 7 as follows:

“7. In case the Arbitration Center ceases to implement commercial mediation activities as provided for in Point c and d, Clause 5 of this Article, the Department of Justice shall present a document to the Chairman of the People's Committee of the province or centrally governed city to revoke the decision to add commercial mediation activities of the Arbitration Center. Within ten days from the date the decision to revoke the addition of commercial mediation activities becomes effective, the Arbitration Center shall carry out changes to the content of the Registration Certificate for operation at the Department of Justice where the Arbitration Center registered for operation. The procedure and formalities for changing the content of the Registration Certificate for operation shall be carried out in accordance with the law on commercial arbitration. The settlement of the Center's obligations shall be implemented in accordance with Clause 4 of this Article.”

11. Amend and supplement Article 36 as follows:

“Article 36. Issuance of Establishment License for Branches and Representative Offices of Foreign Commercial Mediation Organizations in Vietnam

1. A foreign commercial mediation organization wishing to establish a branch or representative office in Vietnam shall submit the file through postal service or directly to the Department of Justice of the province or centrally governed city where the foreign commercial mediation organization's branch or representative office is headquartered, or online on the National Public Service Portal. The file includes one set:

a) Application for establishment of a branch or representative office in accordance with the form issued by the Ministry of Justice;

b) A copy with the original for comparison or an electronic copy or an electronic copy from the original record or an electronically certified copy from the original or a certified copy of documents proving the lawful establishment of the foreign commercial mediation organization issued by the competent authority of the foreign country;

c) An original or an electronic copy of the introduction of the activities of the foreign commercial mediation organization;

d) An original or an electronic copy of the Decision appointing a commercial mediator as the Head of the Branch or the Head of the Representative Office.

2. Any documents attached to the Application for Establishing a Branch or Representative Office, if in a foreign language, must be translated into Vietnamese and the translation must be certified in accordance with Vietnamese law.

Documents issued by foreign authorities or notarized or certified abroad must be apostilled in accordance with Vietnamese law, except where exemption from apostille is provided under international treaties to which the Socialist Republic of Vietnam is a party.

3. Within fifteen days from the date of receipt of a complete application, the Department of Justice shall examine and submit the application to the Chairman of the People's Committee of the province or centrally governed city for consideration and issuance of the License to Establish a Branch or Representative Office of a foreign commercial dispute resolution organization. Within five working days from the date of submission of the application by the Department of Justice, the Chairman of the People's Committee of the province or centrally governed city shall consider and issue the License to Establish a Branch or Representative Office of a foreign commercial dispute resolution organization. The applicant shall collect the result at the Department of Justice where the application was submitted. In case of refusal, the Chairman of the People's Committee of the province or centrally governed city must notify the reasons in writing.

12. Amend Clause 1 of Article 37 as follows:

“1. Within sixty days from the date the decision on issuing the License to Establish becomes effective, the branch shall submit the Application for Registration of Operations according to the form promulgated by the Ministry of Justice through postal service or directly to the Department of Justice of the province or centrally governed city where the branch is located or online on the National Public Service Portal. If the branch fails to register its operations within this period, the License to Establish will lose its validity, except in cases of justifiable reasons.”

13. Amend Article 38 as follows:

“Article 38. Changing the Name, Branch Manager, and Registered Address of the Branch or Representative Office of a Foreign Commercial Dispute Resolution Organization in Vietnam

1. In case of changes in name or Branch Manager, the Branch of a foreign commercial dispute resolution organization in Vietnam shall submit a change request according to the form promulgated by the Ministry of Justice through postal service or directly to the Department of Justice of the province or centrally governed city where the Branch is located or online on the National Public Service Portal.

Within ten days from the date of receipt of a complete application, the Department of Justice shall examine and submit the application to the Chairman of the People's Committee of the province or centrally governed city for approval of the change content; in case of refusal, the reasons must be notified in writing and clearly stated.

Within fifteen days from the date the Chairman of the provincial People's Committee's approval of the name change takes effect, the Branch shall submit a request to change the name in the Certificate of Registration of Operations through postal service or directly to the Department of Justice of the province or centrally governed city where the Branch registers its operations or online on the National Public Service Portal. Within five working days from the date of receipt of the Branch's request, the Department of Justice shall decide to change the name in the Certificate of Registration of Operations of the Branch.

2. In case of changing the registered address to another province or centrally governed city, the Branch of a foreign commercial dispute resolution organization in Vietnam shall notify the change of the registered address to the Department of Justice where the Branch is currently located and submit the Application for Establishing a Branch along with a copy of the original or an electronic copy or an electronic copy from the original record or an electronically certified copy of the original or a certified copy of the License to Establish the Branch through postal service or directly to the Department of Justice where the new Branch location is situated or online on the National Public Service Portal.

Within five working days from the date of receipt of a complete application, the Department of Justice shall examine and submit the application to the Chairman of the People's Committee of the province or centrally governed city where the new Branch location is situated for issuance of the License to Establish the Branch; notify the Department of Justice of the province or centrally governed city where the Branch is currently located; in case of refusal, the reasons must be notified in writing. The Branch refused the License to Establish has the right to appeal or sue in accordance with the law.

From the date the Branch is issued the License to Establish by the Chairman of the People's Committee of the province or centrally governed city where the new Branch location is situated, the previously issued License to Establish of the Branch loses its legal validity. Within three working days from the date of receipt of the notification of issuance of the License to Establish for the Branch by the People's Committee of the province or centrally governed city where the new Branch location is situated, the Department of Justice where the Branch is currently located shall submit to the Chairman of the provincial People's Committee for a decision to revoke the previously issued License to Establish and publish it on the website of the People's Committee of the province or centrally governed city. The Department of Justice where the Branch is currently located shall make a decision to revoke the previously issued Certificate of Registration of Operations and publish it on the website of the Department of Justice.

3. In case of changing the registered address within the same province or centrally governed city, the Branch of a foreign commercial dispute resolution organization in Vietnam shall notify in writing the Department of Justice where the Branch registers its operations within seven days from the date of the change of the registered address.

4. In case of changing the name, Representative Office Manager, or registered address to another province or centrally governed city, the Representative Office shall notify in writing the Department of Justice where the Representative Office is currently located within seven days from the date of the decision to change.”

14. Amend Article 39 as follows:

“Article 39. Reissuing the License to Establish, Certificate of Registration of Operations of the Branch, and License to Establish of the Representative Office of a Foreign Commercial Dispute Resolution Organization in Vietnam

1. In case the License for Establishment is lost, burned, torn, deteriorated, or destroyed in any other manner, the branch or representative office of foreign commercial mediation organizations in Vietnam shall submit a request to reissue the License for Establishment through postal service or directly to the Department of Justice of the province or centrally-administered city where the branch or representative office is located, or online on the National Public Service Portal to obtain a reissued License.

Within seven days from the date of receiving complete files, the Department of Justice shall review and submit to the Chairman of the People's Committee of the province or centrally-administered city for reissuing the License for Establishment for the branch or representative office.

2. In case the Registration Certificate for Operation is lost, burned, torn, deteriorated, or destroyed in any other manner, the branch of foreign commercial mediation organizations in Vietnam shall submit a request to reissue the Registration Certificate for Operation through postal service or directly to the Department of Justice where the branch is registered for operation, or online on the National Public Service Portal to obtain a reissued Registration Certificate.

Within five working days from the date of receiving the request, the Department of Justice shall reissue the Registration Certificate for Operation for the branch of foreign commercial mediation organizations in Vietnam.

15. Amend and supplement Clause 3, Clause 4, and Clause 5 of Article 40 as follows:

“3. In case an organization or individual discovers that the branch or representative office falls under the circumstances subject to revocation of the License for Establishment, they shall notify the Department of Justice of the province or centrally-administered city where the branch or representative office is located. The Department of Justice shall conduct examination and verification.

If there is sufficient basis to confirm that the branch or representative office falls under the circumstances stipulated in Clause 1 and Clause 2 of this Article, the Department of Justice shall issue a document requesting the Chairman of the People's Committee of the province or centrally-administered city to revoke the License for Establishment, specifying the reasons along with supporting documents (if available).

4. Within fifteen days from the date of receiving the document requesting revocation from the Department of Justice, the Chairman of the People's Committee of the province or centrally-administered city shall examine and decide to revoke the License for Establishment of the branch or representative office.

5. Within fifteen days from the date the decision of the Chairman of the People's Committee of the province or centrally-administered city regarding the revocation of the License for Establishment of the branch of foreign commercial mediation organizations in Vietnam becomes effective, the Department of Justice where the branch is registered for operation shall issue a decision to revoke the Registration Certificate for Operation of the branch.

16. Amend and supplement Clause 2, Clause 3, and Clause 4 of Article 41 as follows:

“2. In case of cessation of activities as prescribed at point a and b of Clause 1 of this Article, the branch or representative office must send a written notice about the cessation of activities to the Department of Justice of the province or centrally-administered city where the branch or representative office is located, at least thirty days before the cessation of activities.

Within sixty days from the date of cessation of activities, the branch or representative office must settle all debts and other financial obligations; terminate all labor contracts; complete all cases accepted by the branch, except in cases of other agreements.

3. Within ten days from the completion of procedures as stipulated in Clause 2 of this Article, the branch or representative office must submit a report through postal service or directly to the Department of Justice where the branch or representative office is located, or online on the National Public Service Portal.

Within seven days from the date of receiving the report from the branch or representative office, the Department of Justice shall submit to the Chairman of the People's Committee of the province or centrally-administered city for examination and decision to revoke the License for Establishment of the branch or representative office; the Department of Justice shall decide to revoke the Registration Certificate for Operation of the branch.

4. In case of cessation of activities as prescribed at point c of Clause 1 of this Article, within sixty days from the date the decision of the Chairman of the People's Committee of the province or centrally-administered city regarding the revocation of the License for Establishment of the branch or representative office becomes effective, the branch or representative office must settle all debts and other financial obligations, terminate all labor contracts, and complete all cases accepted by the branch, except in cases of other agreements.

17. Amend and supplement Clause 2 and add Clause 2a after Clause 2 of Article 42 as follows:

a) Amend and supplement Clause 2 as follows:

“2. The People's Committee of the province or centrally-administered city shall implement state management over commercial mediation activities in the locality, with the following duties and powers:

a) Issuing and revoking the License for Establishment of Commercial Mediation Centers; issuing and revoking the License for Establishment of branches and representative offices of foreign commercial mediation organizations in Vietnam; approving changes in the contents of the License for Establishment of Commercial Mediation Centers; approving changes in the contents of the License for Establishment of branches of foreign commercial mediation organizations in Vietnam; adding commercial mediation activities to Arbitration Centers;

b) Promoting and disseminating laws, guiding business practices related to commercial mediation;

c) Inspecting, auditing, handling complaints and reports, and dealing with violations of commercial mediation activities in the locality according to their authority;

d) Reporting to the Ministry of Justice on commercial mediation activities in the locality annually and when required;

đ) Other duties and powers as authorized by the Minister of Justice, as provided for in this Decree and relevant laws.

b) Add Clause 2a after Clause 2 as follows:

“2a. The Department of Justice shall assist the People's Committee of the province or centrally-administered city in implementing state management functions over commercial mediation activities in the locality, with the following duties and powers:

a) Registering operations and registering changes in the contents of the Registration Certificate for Operation of Commercial Mediation Centers; registering changes in the contents of the Registration Certificate for Operation of Arbitration Centers; registering operations and registering changes in the contents of the Registration Certificate for Operation of branches of Commercial Mediation Centers, branches of foreign commercial mediation organizations in Vietnam; revoking the Registration Certificate for Operation of Commercial Mediation Centers, branches of Commercial Mediation Centers; revoking the Registration Certificate for Operation of branches of foreign commercial mediation organizations in Vietnam;

b) Register, establish, and remove the name of commercial dispute mediators from the list of commercial dispute mediators;

c) Update and publish the list of commercial dispute mediators and commercial mediation organizations on the Department of Justice's electronic portal, and send to the Ministry of Justice for consolidation and publication; review, compile statistics, and report annual data on commercial mediators at the local level;

d) Inspect, audit, handle complaints and accusations, and process violations related to commercial mediation activities at the local level within their authority;

đ) Report to the People's Committee of the province or centrally governed city and the Ministry of Justice on commercial mediation activities at the local level annually and upon request;

e) Other tasks and authorities as decided by the Chairman of the People's Committee of the province or centrally governed city in accordance with this Decree and relevant laws.";

18. Repeal Clause 2 of Article 22, Clause 2 of Article 37, and Point b of Clause 1 of Article 42.

Article 3. Amend and supplement some articles of Decree No. 22/2015/ND-CP dated February 16, 2015 of the Government detailing certain provisions of the Bankruptcy Law regarding Judicial Trustees and the practice of managing and liquidating assets.

1. Add Article 3a after Article 3 as follows:

"Article 3a. Submitting Administrative Procedure Documents Electronically"

1. Organizations and individuals prepare electronic files, fill out electronic forms and declarations according to the requirements of the online public service system as follows:

a) Fill out application forms and declarations on provided electronic forms; sign digital signatures on application forms, declarations, electronic documents if required. The requirement for signing digitally shall be publicly announced before organizations or individuals submit electronic documents. Electronically signed documents have the same legal effect as paper documents signed validly;

b) Upload valid electronic documents or reference materials from the organization's or individual's electronic data repository.

2. Organizations and individuals perform administrative procedures through the National Public Service Portal via an electronic identity account established by the electronic identification and authentication system and integrated on the National Public Service Portal.

3. Administrative procedure agencies extract information and data from the National Database, specialized databases, and information systems as prescribed by law, and supplement documents into the file of organizations and individuals performing administrative procedures electronically without requiring them to provide or present these documents.

2. Amending and supplementing Clause 4 as follows:

"Article 4. Issuing Certificates of Practice for Judicial Trustees

1. Individuals falling under Clause 1 of Article 12 of the Bankruptcy Law who wish to engage in the practice of managing and liquidating assets shall apply for a Certificate of Practice for Judicial Trustees. The application includes one set of documents:

a) An Application Form for a Certificate of Practice for Judicial Trustees according to Model TP-QTV-01 issued together with this Decree;

b) A copy with the original for verification or an electronic copy or an electronic copy from the original record or an electronically certified copy from the original or a certified copy of the Lawyer's Card for lawyers; the Auditor's Certificate for auditors; and a bachelor's degree in law, economics, accounting, finance, or banking for individuals with a bachelor's degree in law, economics, accounting, finance, or banking;

c) A copy with the original for verification or an electronic copy or an electronic copy from the original record or an electronically certified copy from the original or a certified copy of a document proving at least five years of experience in the field of study, confirmed by the organization where the individual with a bachelor's degree in law, economics, accounting, finance, or banking works;

d) Two recent color photographs measuring 3 cm x 4 cm taken within six (06) months prior to the date of submission of the application.

During the examination of the application for a Certificate of Practice for Judicial Trustees, if necessary, the competent authority issuing the Certificate of Practice for Judicial Trustees may require the issuance of a Criminal Record Certificate Number 1 for the applicant according to the law on criminal records.

2. Foreign lawyers who have been granted a License to Practice Law in Vietnam according to the law on lawyers, and foreign auditors according to the law on auditing, who wish to engage in the practice of managing and liquidating assets, shall submit an application for a Certificate of Practice for Judicial Trustees. The application includes one set of documents:

a) An Application Form for a Certificate of Practice for Judicial Trustees according to Model TP-QTV-02 issued together with this Decree;

b) A copy with the original for verification or an electronic copy or an electronic copy from the original record or an electronically certified copy from the original or a certified copy of the License to Practice Law in Vietnam for foreign lawyers issued by the Ministry of Justice; and the Auditor's Certificate for foreign auditors issued by the Ministry of Finance;

c) The original or an electronic copy of the Summary of Personal History (self-declaration);

d) Two recent color photographs measuring 3 cm x 4 cm taken within six (06) months prior to the date of submission of the application.

3. Applicants for a Certificate of Practice for Judicial Trustees shall submit the application through postal services or directly to the Department of Justice of the province or centrally governed city where they reside permanently, or online via the National Public Service Portal, and pay the prescribed fee.

Within seven days from the date of receipt of complete and valid applications, the Department of Justice shall examine and submit the application to the Chairman of the People's Committee of the province or centrally governed city where the applicant resides permanently for issuance of a Certificate of Practice for Judicial Trustees according to Model TP-QTV-08 issued together with this Decree. Within three working days from the date of submission of the application by the Department of Justice, the Chairman of the People's Committee of the province or centrally governed city where the applicant resides permanently shall issue the Certificate of Practice for Judicial Trustees to the applicant. The applicant for a Certificate of Practice for Judicial Trustees shall collect the result from the Department of Justice where the application was submitted. If the Chairman of the People's Committee of the province or centrally governed city refuses to issue the certificate, they must notify the reasons in writing. The applicant refused a Certificate of Practice for Judicial Trustees has the right to appeal or sue according to the law.";

3. Amend and supplement Clause 3 of Article 5 as follows:

"3. Applicants for reissuance of a Certificate of Practice for Judicial Trustees shall submit the application through postal services or directly to the Department of Justice of the province or centrally governed city that issued the certificate, or online via the National Public Service Portal, and pay the prescribed fee for reissuance. Within five working days from the date of receipt of complete and valid applications, the Department of Justice shall examine and submit the application to the Chairman of the People's Committee of the province or centrally governed city for reissuance of a Certificate of Practice for Judicial Trustees to the applicant. Within two working days from the date of submission of the application by the Department of Justice, the Chairman of the People's Committee of the province or centrally governed city shall reissue the Certificate of Practice for Judicial Trustees to the applicant.";

4. Amend and supplement Clause 1, Clause 2, and Clause 3 of Article 6 as follows:

"1. The Chairman of the People's Committee of the province or centrally governed city where the Certificate of Practice for Judicial Trustees was issued shall decide to revoke the Certificate of Practice for Judicial Trustees if the holder of the Certificate of Practice for Judicial Trustees falls under any of the circumstances stipulated in Clause 1 of Article 15 of the Bankruptcy Law.

2. When discovering or having grounds to believe that a person who has been issued a professional practice certificate for Trustee falls under any of the circumstances stipulated in Clause 1 of Article 15 of the Bankruptcy Law, the individual, agency, or organization with a request for revocation of the professional practice certificate for Trustee shall send such request to the Department of Justice of the province or centrally-administered city where the professional practice certificate for Trustee was issued.

3. Within twenty days from the date of receipt of the request for revocation of the professional practice certificate for Trustee, the Department of Justice where the professional practice certificate for Trustee was issued shall conduct examination and verification, and submit a request to the Chairman of the People's Committee of the province or centrally-administered city to revoke the professional practice certificate for Trustee of that person. The person whose professional practice certificate for Trustee is revoked has the right to lodge complaints or initiate lawsuits in accordance with the provisions of the law.

The decision on the revocation of the professional practice certificate for Trustee shall be sent to the person whose certificate is revoked, the People's Court of the province or centrally-administered city where the Trustee practices individually or where the enterprise managing and liquidating assets has its headquarters, and shall be published on the website of the People's Committee of the province or centrally-administered city where the professional practice certificate for Trustee was revoked.

5. Amend and supplement Clause 1 and Clause 2 of Article 9 as follows:

"1. A person holding a professional practice certificate for Trustee shall register to manage and liquidate assets individually with the Department of Justice of the province or centrally-administered city where such person resides.

2. An individual applying to register to manage and liquidate assets individually shall submit the application for registration to manage and liquidate assets individually according to Form TP-QTV-04 promulgated together with this Decree through postal service or directly to the Department of Justice where such person resides or online on the National Public Service Portal and pay the registration fee in accordance with the provisions of the law.

During the process of examining the application for registration to manage and liquidate assets individually, if necessary, the competent authority for registration to manage and liquidate assets individually may require the authority issuing the Criminal Record Certificate to issue Criminal Record Certificate No. 1 for the applicant for registration to manage and liquidate assets individually in accordance with the provisions of the law on criminal records."

6. Amend and supplement Clause 2 of Article 12 as follows:

"2. An enterprise managing and liquidating assets shall submit the application for registration to manage and liquidate assets through postal service or directly to the Department of Justice of the province or centrally-administered city where the enterprise has its headquarters or online on the National Public Service Portal and pay the registration fee in accordance with the provisions of the law. The application includes:

a) Application for registration to manage and liquidate assets according to Form TP-QTV-05 promulgated together with this Decree;

b) A copy with the original for comparison or an electronic copy or an electronically certified copy or a certified copy of the Enterprise Registration Certificate.

During the process of examining the application for registration to manage and liquidate assets for enterprises, if necessary, the competent authority for registration to manage and liquidate assets for enterprises may require the authority issuing the Criminal Record Certificate to issue Criminal Record Certificate No. 1 for the general partners, Managing Director or General Manager of a limited liability company, other individuals practicing management and liquidation of assets in a limited liability company (if any); the owner of a sole proprietorship business, other individuals practicing management and liquidation of assets in a sole proprietorship business (if any) in accordance with the provisions of the law on criminal records."

7. Amend and supplement Clause 1 and Clause 2 of Article 15 as follows:

"1. When there is a change in the address for communication in the application for registration to manage and liquidate assets, within seven days from the date of the change, the Trustee practicing individually shall submit a request to adjust the registration information for managing and liquidating assets through postal service or directly to the Department of Justice where the Trustee registered or online on the National Public Service Portal.

Within three working days from the date of receipt of the Trustee's request, the Department of Justice shall update the Trustee's communication address in the list of Trustees and enterprises practicing management and liquidation of assets.

2. When there is a change in the name, headquarters address, representative office, branch, legal representative, or list of Trustees practicing in an enterprise managing and liquidating assets, within seven days from the date such changes are recorded in the enterprise's registration documents in accordance with the provisions of the law on enterprises, the enterprise managing and liquidating assets shall submit a request to adjust the registration information for managing and liquidating assets through postal service or directly to the Department of Justice where the enterprise registered or online on the National Public Service Portal.

Within three working days from the date of receipt of the enterprise's request, the Department of Justice shall update the information about the name, headquarters address, representative office, branch, legal representative, or list of Trustees practicing in the enterprise in the list of Trustees and enterprises practicing management and liquidation of assets.

In case an enterprise managing and liquidating assets adds a Trustee practicing in the enterprise, the enterprise must register the practice for the added individual. The procedures and formalities for registering individuals added to the list of Trustees practicing in the enterprise shall be carried out in accordance with the provisions of Clause 2 and Clause 3 of Article 12 of this Decree."

8. Supplement Point a1 after Point a of Clause 1 and amend and supplement Point c of Clause 2 of Article 24 as follows:

a) Supplement Point a1 after Point a of Clause 1 as follows:

"a1) Issuing, revoking, and reissuing the professional practice certificate for Trustee;"

b) Amend and supplement Point c Clause 2 as follows:

"c) Review, compile statistics, and report data on judicial asset managers, enterprises managing and liquidating assets, and activities related to managing and liquidating assets in the locality; review and identify cases requiring revocation of certificates for practicing as judicial asset managers in the locality as prescribed;"

9. Replace some forms as follows:

a) Replace Form TP-QTV-01 issued together with Decree No. 22/2015/NĐ-CP dated February 16, 2015 of the Government detailing certain provisions of the Bankruptcy Law regarding judicial asset managers and the practice of managing and liquidating assets with Form TP-QTV-01 issued together with this Decree;

b) Replace Form TP-QTV-02 issued together with Decree No. 22/2015/NĐ-CP dated February 16, 2015 of the Government detailing certain provisions of the Bankruptcy Law regarding judicial asset managers and the practice of managing and liquidating assets with Form TP-QTV-02 issued together with this Decree;

c) Replace Form TP-QTV-03 issued together with Decree No. 22/2015/NĐ-CP dated February 16, 2015 of the Government detailing certain provisions of the Bankruptcy Law regarding judicial asset managers and the practice of managing and liquidating assets with Form TP-QTV-03 issued together with this Decree;

d) Replace Form TP-QTV-04 issued together with Decree No. 22/2015/NĐ-CP dated February 16, 2015 of the Government detailing certain provisions of the Bankruptcy Law regarding judicial asset managers and the practice of managing and liquidating assets with Form TP-QTV-04 issued together with this Decree;

đ) Replace Form TP-QTV-05 issued together with Decree No. 22/2015/NĐ-CP dated February 16, 2015 of the Government detailing certain provisions of the Bankruptcy Law regarding judicial asset managers and the practice of managing and liquidating assets with Form TP-QTV-05 issued together with this Decree;

e) Replace Form TP-QTV-08 issued together with Decree No. 22/2015/NĐ-CP dated February 16, 2015 of the Government detailing certain provisions of the Bankruptcy Law regarding judicial asset managers and the practice of managing and liquidating assets with Form TP-QTV-08 issued together with this Decree.

10. Repeal Clause 2 of Article 22.

Article 4. Amend and supplement some articles of Decree No. 123/2013/NĐ-CP dated October 14, 2013 of the Government detailing certain provisions and measures for implementing the Lawyers Law amended and supplemented according to Decree No. 137/2018/NĐ-CP dated October 8, 2018 of the Government

1. Add Article 5a after Article 5 as follows:

"Article 5a. Submitting administrative procedure documents electronically

1. Organizations and individuals prepare electronic files, fill out electronic forms and declarations according to the requirements of the online public service system as follows:

a) Fill out application forms and declarations on electronic forms provided; sign digital signatures on application forms, declarations, and electronic documents if required. The requirement for signing digitally shall be publicly announced before organizations or individuals submit electronic documents. Electronically signed documents have the same legal effect as paper documents signed properly;

b) Upload valid electronic documents or reference materials from the organization's or individual's electronic data repository.

2. Organizations and individuals perform administrative procedures through the National Public Service Portal via an electronic identity account established by the electronic identification and authentication system and integrated on the National Public Service Portal.

3. Administrative procedure agencies extract information and data from the National Database, specialized databases, and information systems as prescribed by law, and supplement documents into the file of organizations and individuals performing administrative procedures electronically without requiring them to provide or present these documents.

2. Amend and supplement Clause 1 and Clause 2 of Article 11 as follows:

"1. The legal representative of a limited liability law firm with two or more partners and a partnership law firm must be a lawyer and a member of the law firm.

A limited liability law firm with two or more partners and a partnership law firm changing its legal representative must within ten days from the date of the decision to change, request to change the legal representative and the Law Firm Registration Certificate through postal services or directly to the Department of Justice of the province or centrally-run city where the law firm is registered or online on the National Public Service Portal.

2. The legal representative of a law office and a limited liability law firm with one partner must be the owner-lawyer of the law office or the limited liability law firm.

A law office and a limited liability law firm with one partner changing its legal representative must within ten days from the date of the decision to change, submit the documents through postal services or directly to the Department of Justice of the province or centrally-run city where the law firm is registered or online on the National Public Service Portal. The documents include one set:

a) Application for changing the legal representative;

b) Original or electronic copy of the agreement between the former legal representative and the proposed legal representative concerning the exercise of rights and obligations of the law office or the limited liability law firm;

c) Copy with original for comparison or electronic copy or certified electronic copy from the original or certified copy of the Lawyer's Registration Card of the proposed legal representative.

The procedure for changing the legal representative of a law office and a limited liability law firm with one partner shall be carried out in accordance with Article 36 of the Lawyers Law."

3. Amend and supplement Clause 2 Article 12 as follows:

"2. The merger documents of a law firm shall be submitted through postal services or directly to the Department of Justice where the merged law firm is registered or online on the National Public Service Portal. The documents include one set:

a) Application for merging a law firm;

b) Original or electronic copy of the Merger Agreement, which must clearly specify the procedures, deadlines, and conditions for the merger; the labor utilization plan; the succession of all legitimate rights, obligations, and interests of the merged law firms;

c) Draft Articles of Association of the merged law firm.

Within seven days from the date of receiving complete and valid documents, the Department of Justice shall issue the Law Firm Registration Certificate for the merged law firm; in case of refusal, it must notify in writing and specify the reasons."

4. Amend and supplement Clause 2 of Article 13 as follows:

"2. The consolidation documents of a law firm shall be submitted through postal services or directly to the Department of Justice where the consolidated law firm is registered or online on the National Public Service Portal. The documents include one set:

a) Application for consolidating a law firm;

b) Original or electronic copy of the Consolidation Agreement of the law firm, which must clearly specify the procedures, deadlines, and conditions for consolidation; the labor utilization plan; the succession of all legitimate rights, obligations, and interests of the consolidated law firms;

c) Copy with original for comparison or electronic copy or certified electronic copy from the original or certified copy of the Law Firm Registration Certificate of the consolidated law firms and the law firm accepting consolidation.

Within seven days from the date of receiving complete and valid documents, the Department of Justice shall issue the Registration Certificate for the law firm that is being merged; in case of refusal, it must notify in writing and specify the reasons.

5. Amend and supplement Clause 2 of Article 14 as follows:

“2. The documents for converting a law firm shall be sent through postal services or directly to the Department of Justice where the law firm to be converted has registered its activities or online on the National Public Service Portal. The documents include one set:

a) A request for conversion stating the purpose, reason for conversion, and commitment to inherit all legitimate rights, obligations, and interests of the converted law firms;

b) Draft Articles of Association of the converted law firm;

c) Original or electronic copy of the list of members or owner lawyers; a copy with the original for comparison or an electronic copy or certified electronic copy from the original or certified copy of the Lawyer Card of member lawyers or owner lawyers of the converted law firm;

d) A copy with the original for comparison or an electronic copy or certified electronic copy from the original or certified copy of the documents proving the office address in case there is a change in the office address.”

"2. Ministries and ministerial-level agencies shall establish policy proposals seeking opinions from relevant ministries and ministerial-level agencies, including the Ministry of Foreign Affairs, the Ministry of National Defense, the Ministry of Public Security, the Ministry of Finance, the Ministry of Home Affairs, the Ministry of Justice, and the Ministry of Science and Technology.

“2. The documents for converting a lawyer's office shall be sent through postal services or directly to the Department of Justice where the law firm has registered its activities or online on the National Public Service Portal. The documents include one set:

a) A request for conversion stating the purpose, reason for conversion, and commitment to inherit all legitimate rights, obligations, and interests of the converted lawyer's office;

b) Draft Articles of Association of the converted law firm;

c) Original or electronic copy of the list of members or owner lawyers; a copy with the original for comparison or an electronic copy or certified electronic copy from the original or certified copy of the Lawyer Card of owner lawyers or member lawyers of the converted law firm;

d) A copy with the original for comparison or an electronic copy or certified electronic copy from the original or certified copy of the documents proving the office address in case there is a change in the office address.

Within seven days from the date of receiving complete and valid documents, the Department of Justice shall issue the Registration Certificate for the converted law firm; in case of refusal, it must notify in writing and specify the reasons.

7. Amend and supplement Clause 1 of Article 36 as follows:

“1. Within thirty days from the date of receiving the approval document for changing the content of the Branch Establishment License, foreign law firms shall submit the registration documents for the change through postal services or directly to the Department of Justice where the branch, foreign law firm has registered its activities or online on the National Public Service Portal.”

Article 5. Transitional Provisions

1. In cases where the competent authority has received the documents stipulated herein before this Decree takes effect, they shall continue to implement according to the provisions of the legal normative documents at the time of receiving the documents, including the following documents:

a) Issuing, reissuing, changing the content, revoking the License for Establishing, Registration Certificate for Arbitration Center, Branch, Representative Office of foreign arbitration organizations in Vietnam; registering activities, ceasing operations of Arbitration Center, Branch, Representative Office of foreign arbitration organizations in Vietnam;

b) Issuing, reissuing, changing the content, revoking the License for Establishing, Registration Certificate for Commercial Mediation Center, Branch, Representative Office of foreign commercial mediation organizations in Vietnam; registering activities, ceasing operations of Commercial Mediation Center, Branch, Representative Office of foreign commercial mediation organizations in Vietnam;

c) Issuing, reissuing, revoking the Professional Practice Certificate for Judicial Administrator; registering professional management, liquidation of assets as an individual, for asset management and liquidation companies;

d) Changing the legal representative of a lawyer's office, limited liability law firm with one member, limited liability law firm with two or more members, partnership law firm; content of the Branch Establishment License of foreign law firms;

đ) Merging, consolidating, converting law firms; converting lawyer's offices; converting branches of foreign law practice organizations in Vietnam, foreign law firms;

2. In cases where the reissue, change, revocation of the License for Establishing Commercial Mediation Center, Branch, Representative Office of foreign commercial mediation organizations in Vietnam issued by the Ministry of Justice before this Decree takes effect, the Chairman of the People's Committee of the province, centrally-run city where the Commercial Mediation Center, Branch, Representative Office of foreign commercial mediation organizations in Vietnam is located shall have the authority to reissue, change, revoke the License for Establishing Commercial Mediation Center, Branch, Representative Office of foreign commercial mediation organizations in Vietnam according to the provisions of this Decree.

3. In cases where the reissue, revocation of the Professional Practice Certificate for Judicial Administrator issued by the Ministry of Justice before this Decree takes effect, the Chairman of the People's Committee of the province, centrally-run city where the holder of the Professional Practice Certificate for Judicial Administrator resides shall have the authority to reissue, revoke the Professional Practice Certificate for Judicial Administrator according to the provisions of this Decree.

4. In the case where the file for changing the legal representative of a lawyer practice organization, merging or consolidating a law firm, converting a law firm, converting a lawyer office into a wholly foreign-owned limited liability law firm in Vietnam, converting a foreign law firm into a Vietnamese law firm, registering changes to the content of the license for establishing a branch, foreign law firm that has been accepted by the competent authority before this Decree takes effect, the competent authority that has accepted the file shall continue to implement according to the provisions of the legal normative document at the time of accepting the file.

Article 6. Implementation Provisions

1. This Decree takes effect from the date of issuance.

2. The Minister, the Head of a ministry-level agency, the Head of an agency under the Government, the Chairman of the People's Committee of a province and related organizations and individuals are responsible for implementing this Decree.

ANNEX

SOME SAMPLE FORMS
(Attached to Decree No. 112/2025/NĐ-CP dated May 29, 2025 of the Government)

 

Model TP-QTV-01

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
--------------

 

Respectfully submitted to:...

My name is: …Gender (1):…

Date of birth:……/……/……. Place of birth (2):…

Permanent residence (3): …

Current address (4): …

Phone number (5): …

Email address (6): …

ID Card Number/Citizen Identification Card Number/Personal Identification Number:…

Date of issue (7): ......./……./……..

Place of issue (8): …

Ethnicity (9):…Religion (10): …

Pursuant to Clause 1, Article 12 of the Bankruptcy Law 2014, I am:

□ Lawyer

□ Auditor

□ Bachelor of Law, Economics, Accounting, Finance, Banking with at least 05 years of experience in the field of study

Intended registration of practice: (11) …

PERSONAL ACTIVITY HISTORY ⁽¹²⁾

(as specified in Clause 1, Article 12 Bankruptcy Law 2014)

 REWARDS AND DISCIPLINE

(Clearly state any awards or disciplinary actions from high school graduation to date; if there were disciplinary actions (including those that have been removed), clearly state the reasons for the disciplinary action and attach the decision on disciplinary action; if there were no awards or disciplinary actions, clearly state "none") I hereby request issuance of the Professional Certificate for Asset Management Practitioner. I solemnly pledge to comply with the principles of asset management and liquidation practice, fully perform the rights and obligations of an Asset Management Practitioner as prescribed by law.

The application for issuance of the Professional Certificate for Asset Management Practitioner includes:

 

 

Note:

- In the case of submitting the application online: the information is extracted from the National Population Database to automatically fill in the form, the person handling the administrative procedure does not need to declare. If the information is not automatically filled in the form, the person handling the administrative procedure must declare it fully.

- In the case of submitting a paper application (submitted directly or through postal service), the person handling the administrative procedure must declare all information fully in the form.

2. Information item (11): Clearly state the intended registration of practice as an individual or within a business managing and liquidating assets. If practicing within a business managing and liquidating assets, clearly state whether it is establishment, participation in establishment, or working under a contract.

3. Information item (12): The person handling the administrative procedure must declare their personal activity history from age 18 to date and corresponding to the type of administrative procedure being handled: lawyer; auditor or bachelor of law, economics, accounting, finance, banking with at least 05 years of experience in the field of study and submit supporting documents proving the activity history.

4. The information in this form will also be used to build interactive electronic forms when the state management agency provides online public services.

My name is: …Gender:…

 

Model TP-QTV-02

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

Respectfully submitted to:...

Date of birth:……./……/…Place of birth:…

Phone number:…Email address:…

Summary of the trader's business activities:

Current Residence: ...

Passport number:…Date of issue: ……./……/………

Intended registration of practice (1): …

Issuing authority: …

Lawyer License in Vietnam/Auditor Certificate number: …Date of issue: ……./……/………

Currently working at a lawyer practice organization/audit firm:

Name: …

Address: …

Phone number:…Email address…

I hereby request issuance of the Professional Certificate for Asset Management Practitioner. I solemnly pledge to comply with the principles of asset management and liquidation practice, fully perform the rights and obligations of an Asset Management Practitioner as prescribed by law.

The application for issuance of the Professional Certificate for Asset Management Practitioner includes:

Note:

REISSUANCE OF PROFESSIONAL CERTIFICATE FOR ASSET MANAGEMENT PRACTITIONER

 

Model TP-QTV-03

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
-------------

Respectfully submitted to:...

My name is: …Gender (1):…

Citizenship (3): …

Permanent residence (5): …

Current address (4): …

Phone number (6): …

Email address (7): …

ID Card Number/Citizen Identification Card Number/Personal Identification Number/Passport Number:…

Date of issue (8):

Place of issue (9): … ......./……./……..

Has been issued the Professional Certificate for Asset Management Practitioner by the Ministry of Justice or the Chairman of the People's Committee of a province or centrally-administered city: …Certificate number: …

Date of issue: ……./……/………

Registration of practice (10): …

Reason for reissuance: …

I respectfully request your esteemed agency to consider and reissue the Professional Certificate for Asset Management Practitioner for me. I take full responsibility for all contents stated in this application.

1. Information items (1), (2), (3), (4), (5), (6), (7), (8), (9):

 

 

Note:

- In the case of submitting a paper application (submitted directly or through postal service): the person handling the administrative procedure must declare all information fully in the form.

- In the case of submitting a paper application (submitted directly or through postal service), the person handling the administrative procedure must declare all information fully in the form.

- In the case of submitting paper files (either in person or through postal service): the administrative procedure performer shall fully declare in the form.

2. Information (10): Clearly indicate registration for practice as an individual or within a business managing and liquidating assets or not registered for practice. If practicing within a business managing and liquidating assets, clearly indicate establishment or participation in establishment or working under a contract and with confirmation from the business managing and liquidating assets where the practice is registered.

3. The information in this form is simultaneously used to build an interactive electronic form when state management agencies provide online public services.

 

Model TP-QTV-04

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
-------------

APPLICATION FOR REGISTRATION
PRACTICE IN ASSET MANAGEMENT AND LIQUIDATION
AS AN INDIVIDUAL

Respectfully submitted to: ...

My name is: …Gender (1):…

Date of birth: …../……/……..

Professional certificate number: …issued on date, month, year: …../……/……..

Registration for practice in asset management and liquidation as an individual with the following contents:

1. Full name (write in capital letters): …………………………………………………….

Trade name (if any): …

…………………………………..………………………………………………………

Phone number (2): …

Email address (3): …

ID card number/Citizen identification card number/Personal identification number/Passport number (4): …

Date of issue (5): …../……/……..

Place of issue (6): …

Permanent residence (7): …

Current place of residence (8): …

Business address: …

…………………………………..………………………………………………………

Contact phone number: ...

Email address: …

2. Field of practice: As prescribed by the Bankruptcy Law.

I solemnly pledge to strictly comply with the law and fulfill all obligations prescribed by the law.

 

 

Note:

1. Information (1), (2), (3), (4), (5), (6), (7), (8):

- In the case of submitting a paper application (submitted directly or through postal service), the person handling the administrative procedure must declare all information fully in the form.

- In the case of submitting paper files (either in person or through postal service): the administrative procedure performer shall fully declare in the form.

2. The information in this form is simultaneously used to build an interactive electronic form when state management agencies provide online public services.

 

Model TP-QTV-05

 

APPLICATION FOR EXCHANGE

REGISTRATION FOR PRACTICE IN ASSET MANAGEMENT AND LIQUIDATION OF
ASSET MANAGEMENT AND LIQUIDATION BUSINESS (1)

Respectfully submitted to:...

1. Full name of the business: ……………………………………………………

Trade name: …

2. Head office address: …………………………………..………………………………………

Contact phone number: ...

Email address: …

Website: ...

Registration for practice in asset management and liquidation with the following contents:

1. Name of the asset management and liquidation business (name written in capital letters):

…………………………………..………………………………………………………….

Trade name (if any): …

Abbreviated name (if any): …

English name (if any): …

2. Individual business owner for individual business managing and liquidating assets:

Full name: …Gender (2):…

Date of birth: …../……/……..

ID card number/Citizen identification card number/Personal identification number/Passport number: …

Date of issue (3): …../……/……..

Place of issue (4): …

Phone number (6): …

…………………………………..…………………………………..……………………...

Current place of residence (6): …

…………………………………..………………………………………………………….

Professional certificate number: …

Date of issue……./……/……..

3. General partner, Managing Director or Director who is a Trustee for a limited liability company managing and liquidating assets:

a) Full name:…Gender (7):…

Date of birth: …../……/……..

ID card number/Citizen identification card number/Personal identification number/Passport number: …

Date of issue (8): …../……/……..

Has been issued the Professional Certificate for Asset Management Practitioner by the Ministry of Justice or the Chairman of the People's Committee of a province or centrally-administered city: …Certificate number: …

Permanent residence (10): …

…………………………………..………………………………………………………..

Current place of residence (11): …

…………………………………..………………………………………………………..

Professional certificate number: …

Date of issue……./……/……..

b) Full name: …Gender (12):…

Date of birth: …../……/……..

ID card number/Citizen identification card number/Personal identification number/Passport number: …

Date of issue (13): …../……/……..

Place of issue (14): …

Permanent residence (15): …

…………………………………..………………………………………………………..

Current place of residence (16): …

…………………………………..………………………………………………………..

Professional certificate number: …

Date of issue …../……/……..

c) Full name: …Gender (17):…

Date of birth: …../……/……..

ID card number/Citizen identification card number/Personal identification number/Passport number: …

Date of issue (18): …../……/……..

Place of issue (19): …

Permanent residence (20): …

…………………………………..……………………………………………………

Current place of residence (21): …

…………………………………..……………………………………………………

Professional certificate number: …

Date of issue……./……/……..

4. List of other practitioners in asset management and liquidation within the individual business or limited liability company (if any):

5. Field of practice: As prescribed by the Bankruptcy Law.

We solemnly pledge to strictly comply with the law and fulfill all obligations prescribed by the law.

 

 

Note:

1. Information (1): This form also applies to the case where an asset management and liquidation business changes its general partners as stipulated in Clause 2, Article 11 of Decree No. 22/2015/NĐ-CP.

2. Information (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21):

- In the case of submitting a paper application (submitted directly or through postal service), the person handling the administrative procedure must declare all information fully in the form.

- In the case of submitting paper files (either in person or through postal service): the administrative procedure performer shall fully declare in the form.

3. The information in this form is simultaneously used to build an interactive electronic form when state management agencies provide online public services.

 

Model TP-QTV-08