Circular No. 17/2011/TT-BTP guiding certain provisions of the Lawyers Law, Decree detailing and guiding the implementation of certain articles of the Lawyers Law, and Decree guiding the implementation of provisions of the Lawyers Law on the organization of lawyers' social-professional associations.

CIRCULAR

Guidelines for certain provisions of the Lawyers Law and the Decree detailing and guiding the implementation of some articles of the Lawyers Law

of the Lawyer Law, The Decree guiding the implementation of certain provisions of the Lawyers Law

on the organization of lawyer professional associations

_________________________

 

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

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

Pursuant to the Government's Decree No. 131/2008/NĐ-CP dated December 31, 2008 guiding the implementation of the provisions of the Lawyers Law on the organization of lawyer professional associations;

Pursuant to Decree No. 93/2008/NĐ-CP dated August 22, 2008, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

The Ministry of Justice guides the implementation of certain provisions of the Lawyers Law, Decree No. 28/2007/NĐ-CP, and Decree No. 131/2008/NĐ-CP as follows:

PART I

LAWYERS

Article 1. Recognition of Certificates of Completion of Lawyer Training Abroad

1. A Certificate of Completion of Lawyer Training Abroad shall be recognized in the following cases:

a) A Certificate of Completion of Lawyer Training Abroad issued by an overseas training institution within the scope of application of an agreement on equivalence of diplomas or mutual recognition of diplomas or international conventions related to diplomas that the Socialist Republic of Vietnam has signed or joined;

b) A Certificate of Completion of Lawyer Training Abroad issued by a training institution whose training programs have been recognized by the quality assurance agency of that country or authorized by the competent authority of that country to establish and issue diplomas, certificates, or graduation certificates for lawyer training abroad;

2. A person holding a Certificate of Completion of Lawyer Training Abroad issued by an overseas authority wishing to be recognized in Vietnam shall submit an application to the Ministry of Justice. The application includes:

a) An Application for Recognition of a Certificate of Completion of Lawyer Training Abroad;

b) A Certificate of Completion of Lawyer Training Abroad;

c) A copy of academic records from the foreign educational institution;

d) Documents proving compliance with one of the cases stipulated in Clause 1 of this Article;

e) Other relevant documents.

The documents specified in Points b, c, d, and e of this Clause must be legalized according to the law and translated into Vietnamese; the Vietnamese translation must be certified.

3. Within fifteen days from the date of receipt of a complete and valid application, the Minister of Justice shall issue a decision recognizing a Certificate of Completion of Lawyer Training Abroad.

Article 2. Documents Proving Eligibility for Exemption from Lawyer Training and Reduction in Probationary Period

Documents proving eligibility for exemption from lawyer training under Article 13 of the Lawyers Law or reduction in probationary period under Article 16 of the Lawyers Law include one of the following documents:

1. A copy of the Decision appointing a judge, prosecutor, or investigator, or the Resolution of the People's Council, or the Minutes of the election of a judge by the People's Council for judges elected by the People's Councils at the district or provincial level.

2. A copy of the Decision conferring the rank of Professor or Associate Professor in the field of law or a copy of a Doctorate in Law degree.

3. A copy of the Decision appointing a Senior Court Examiner, Senior Prosecutor, Senior Specialist, Senior Researcher, or Senior Lecturer in the field of law, or the Decision appointing a Principal Court Examiner, Principal Prosecutor, Principal Specialist, Principal Researcher, or Principal Lecturer in the field of law.

4. A certificate from the employer regarding the duration of work in the field of law.

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

Article 3. Revocation of Lawyer's Practice Certificate

1. The Minister of Justice shall decide to revoke the Lawyer's Practice Certificate if the lawyer falls under any of the cases stipulated in Clause 1 of Article 18 of the Lawyers Law.

2. In the case where disciplinary action is taken in the form of removing the name from the list of lawyers of the Bar Association, within seven working days from the date of issuing the disciplinary decision, the Bar Association Management Board that has imposed disciplinary action on the lawyer shall send a written request to the Minister of Justice to revoke the Lawyer's Practice Certificate.

A person whose Lawyer's Practice Certificate is revoked must cease practicing as a lawyer from the date of the Decision to remove their name from the list of lawyers of the Bar Association.

3. When discovering that a lawyer falls under any of the cases stipulated at points a, b, c, d, and e of Clause 1 of Article 18 of the Lawyers Law, the Bar Association where the lawyer is a member or other agencies and organizations shall submit a written request to the Minister of Justice to revoke the Lawyer's Practice Certificate of such lawyer.

4. Within fifteen days from the date of receiving the request for revocation of the Lawyer's Practice Certificate, the Minister of Justice shall issue a decision to revoke the Lawyer's Practice Certificate.

The decision to revoke the Lawyer's Practice Certificate shall be sent to the person whose certificate is revoked, the Bar Association where they were a member, the Vietnam Bar Federation, central prosecution agencies, Department of Justice, prosecution agencies in the locality where the Bar Association is located, and published on the Ministry of Justice’s electronic portal.

Within seven working days from the date of receipt of the decision to revoke the Lawyer's Practice Certificate, the Vietnam Bar Federation shall issue a decision to revoke the Lawyer's Card of the person whose certificate is revoked. The Bar Association Management Board where the person whose Lawyer's Practice Certificate was revoked was a member shall be responsible for collecting and destroying the Lawyer's Practice Certificate and Lawyer's Card of that person.

5. The Lawyer's Practice Certificate and Lawyer's Card shall be destroyed by cutting off the left corner of the Lawyer's Practice Certificate and Lawyer's Card. The destruction of the Lawyer's Practice Certificate and Lawyer's Card must be recorded in a Protocol signed by the Chairperson of the Bar Association, the Chairman of the Award and Disciplinary Council of the Bar Association, and a representative of the Department of Justice where the Bar Association is headquartered. The destruction protocol shall be made in two copies, one copy to be stored at the Bar Association where the person whose Lawyer's Practice Certificate was revoked was a member, and one copy to be stored at the Department of Justice where the Bar Association is headquartered.

The destroyed Lawyer's Practice Certificate shall be handed over to the Department of Justice and stored at the Department of Justice in accordance with the provisions of the law on archives.

Article 4. Reissue of Lawyer's Practice Certificate

1. In the event that the Lawyer's Practice Certificate is lost, torn, burned, or for other reasons not due to intentional acts, the lawyer shall submit a reissue application file to the Bar Association where the lawyer is a member. The file includes:

a) An application for reissuance of the Lawyer's Practice Certificate, clearly stating the reason and the number of the Lawyer's Practice Certificate;

b) Documents as prescribed in Article 17 of the Lawyers Law.

Within seven working days from the date of receiving a complete and valid file, the Bar Association Management Board shall send a reissue request letter along with the file to the Ministry of Justice.

The procedure for reissuing the Lawyer's Practice Certificate shall be carried out in accordance with the provisions of Article 17 of the Lawyers Law.

Chapter II

LEGAL PRACTICE ORGANIZATION

Article 5. Provision of legal services by lawyers

1. Lawyers provide legal services pursuant to a legal service contract or a service agreement form, except in cases where lawyers participate in litigation upon request of the prosecution agency and lawyers practice individually under contracts with organizations or entities.

2. For matters with remuneration of VND 200,000 (two hundred thousand dong) or more, the law firm organization or individual lawyer must enter into a written legal service contract. The legal service contract shall include the contents prescribed in Clause 2 of Article 26 of the Lawyer Law. Upon settlement of the legal service contract, the law firm organization or individual lawyer must issue an invoice to the client in accordance with Article 15 of Decree No. 51/2010/ND-CP on invoices for goods sales and service provision and other relevant laws on finance and accounting.

3. For matters with remuneration below VND 200,000 (two hundred thousand dong), the law firm organization or individual lawyer must establish a service agreement form with the client according to the model prescribed in Clause 22 of Article 36 of this Circular and issue an invoice in accordance with Article 16 of Decree No. 51/2010/ND-CP on invoices for goods sales and service provision and other relevant laws on finance and accounting.

Article 6. Method of numbering the Registration Certificate for the operation of law firm organizations and individual lawyer registration

The Registration Certificate for the operation of law firm organizations and the Registration Certificate for individual lawyer registration shall be numbered as follows:

The first two digits are the province code (Annex 1 issued together with this Circular); the next two digits are the code for the form of lawyer practice (Annex 2 issued together with this Circular); the following four digits are the registration serial number shared among all types of law firm organizations, branch offices of law firm organizations, and individual lawyers.

In the case of conversion of the organizational form of law firm operations, the previously registered serial number of the law firm organization shall be retained when issuing a new Registration Certificate for the operation.

Article 7. Change of Legal Representative of Law Firm Organizations

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 wishing to change the legal representative must submit a written notice of the change of legal representative and the Registration Certificate of the law firm to the Department of Justice at the place of registration within ten working days from the date of the Decision on Change.

The procedure for changing the content of the registration certificate is carried out in accordance with Article 36 of the Lawyer Law.

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 wishing to change the legal representative must submit the dossier to the Department of Justice at the place of registration. The dossier includes:

a) Application for change of legal representative;

b) Registration Certificate of the law office or limited liability law firm with one partner;

c) Agreement between the former legal representative and the new legal representative regarding the performance of rights and obligations of the law office or limited liability law firm;

d) List of incomplete contracts and agreement between the former legal representative and clients transferring the performance of these contracts to the new legal representative of the law office or limited liability law firm.

The procedure for changing the legal representative of a law office or limited liability law firm with one partner is carried out in accordance with Article 36 of the Lawyer Law.

3. Within five working days from the date of receipt of complete and valid documents, the Department of Justice shall reissue the Registration Certificate for the law firm organization, clearly stating the content of the change of legal representative.

Article 8. Conversion of the form of legal practice organization

1. A law firm office may be converted into a limited liability law company based on the succession of all rights and obligations of the law firm office in accordance with the provisions of the law.

The application for conversion of the form of legal practice organization shall be submitted to the Department of Justice where the activity is registered. The application includes:

a) Application for registration of operation of a limited liability law company;

b) Commitment letter from the head of the limited liability law company regarding the succession of all rights and obligations of the law firm office;

c) Notification to clients about the conversion;

d) Draft Charter of the limited liability law company;

đ) Registration certificate of the law firm office;

e) List of members or owner lawyers of the limited liability law company; copies of Lawyer Practice Certificate and Lawyer Card of member lawyers for cases of conversion into a limited liability law company with two or more members;

g) Copies of documents proving the office address in case of change of office address.

Within seven working days from the date of receiving complete and valid applications, the Department of Justice shall issue the Registration Certificate for the operation of the limited liability law company.

2. The procedure for announcing the registration content of the operation of the limited liability law company shall be carried out in accordance with Article 38 of the Lawyers Law.

Article 9. Head of Branch of Legal Practice Organization

1. The head of a law firm office or the director of a law company may concurrently serve as the head of a branch of the law firm office or law company. The head of a law firm office or the director of a law company can only serve as the head of one branch of that law firm office or law company.

2. A law firm office or law company appoints a lawyer who is a member or works under a contract to serve as the head of a branch, except in the case of foreign lawyers practicing in Vietnam.

Article 10. Establishment of Transaction Office of Legal Practice Organization

1. A legal practice organization wishing to establish a transaction office shall submit an application to the Department of Justice where the activity is registered. The application includes:

a) Notice of establishment of the transaction office;

b) Decision on establishment of the transaction office, specifying the person assigned by the legal practice organization to be permanently stationed at the transaction office to receive client requests, accompanied by a copy of their identification card;

c) Registration certificate of the legal practice organization;

d) Copies of documents proving the office address of the transaction office.

2. Within seven working days from the date of receiving complete and valid applications, the Department of Justice shall record the address of the transaction office in the Registration Certificate of the legal practice organization.

Article 11. Revocation of Registration Certificate of Legal Practice Organization, Branch of Legal Practice Organization

1. The Registration Certificate of a legal practice organization shall be revoked when the legal practice organization falls into one of the following situations:

a) Ceasing operations as prescribed in Clause 1, Article 47 of the Lawyers Law;

b) The legal practice organization suspends operations for more than one year beyond the period recorded in the report on suspension of operations without submitting a report on extension of suspension.

In the event that the legal practice organization's Registration Certificate is revoked according to point b, Clause 1 of this Article, the Department of Justice shall be responsible for implementing the procedures for ceasing operations of the legal practice organization as prescribed in Clause 3, Article 47 of the Lawyers Law.

2. The Registration Certificate of a branch of a legal practice organization shall be revoked according to Clause 1, Article 48 of the Lawyers Law.

3. When revoking the Registration Certificate of a legal practice organization or a branch of a legal practice organization, the Department of Justice where the activity is registered shall issue a decision to revoke the Registration Certificate of the legal practice organization or the branch of the legal practice organization and send it to the Bar Association and tax authority where the activity is registered.

Chapter III

PROFESSIONAL ORGANIZATIONS OF LAWYERS

Article 12. The Lawyer Congress of the Bar Association and the National Lawyer Representative Congress of the Vietnam Bar Federation

1. The Lawyer Congress of the Bar Association is the highest leading body of the Bar Association. Based on the number of members of the Bar Association and the Charter of the Vietnam Bar Federation, the Bar Association may organize a full congress or a lawyer representative congress (hereinafter referred to collectively as the Lawyer Congress of the Bar Association).

The number and method of selecting representatives to attend the Lawyer Representative Congress shall be stipulated in the Charter of the Bar Association.

The selection of representatives to attend the Lawyer Representative Congress of the Bar Association must ensure equality, democracy, transparency, and fairness. The allocation of representatives to attend the Congress must be based on the expected number of representatives to be convened, ensuring representation from practicing lawyer organizations, gender, age, ethnicity, and the district, county, city where lawyers reside.

The Vietnam Bar Federation shall guide the selection and allocation of representatives to attend the Lawyer Representative Congress of the Bar Association.

2. The National Lawyer Representative Congress is the highest leading body of the Vietnam Bar Federation. The National Lawyer Representative Congress shall be convened by the National Lawyers Council. The National Lawyers Council shall provide specific guidance on the number and allocation of representatives to attend the National Lawyer Representative Congress.

The selection of representatives to attend the National Lawyer Representative Congress must ensure equality, democracy, transparency, and fairness, and must come from Bar Associations. The allocation of representatives to attend the National Lawyer Congress shall be based on the expected number of representatives to be convened, ensuring representation from Bar Associations, gender, age, ethnicity, and regional structure.

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

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

b) Possess good moral character, serving as a model for strictly adhering to legal regulations; the Code of Ethics and Professional Conduct of lawyers;

c) Have credibility, a sense of responsibility, and the ability to contribute to the decisions of the Congress; have the ability to convey the results of the Congress to other lawyers.

4. The organization of the Lawyer Congress of the Bar Association and the National Lawyer Representative Congress shall be conducted in accordance with the provisions of Article 11 and Article 21 of Decree No. 131/2008/NĐ-CP dated December 31, 2008 of the Government guiding the implementation of the provisions of the Lawyer Law regarding the organization of social-professional associations of lawyers.

Article 13. Proposal for organizing the Lawyer Congress of the Bar Association and the National Lawyer Representative Congress

The proposal for organizing the Lawyer Congress of the Bar Association and the National Lawyer Representative Congress (hereinafter referred to collectively as the Proposal for Organizing the Congress) shall include the following main contents:

1. Purpose and reasons for organizing the Congress.

2. Preparation process for the Congress.

3. Time, location, and participants; in the case of organizing a representative Congress, it is necessary to clearly specify the number and method of selecting representatives to attend the Congress.

4. Main contents of the Congress and working methods.

5. Congress rules, election rules, and Congress internal regulations.

6. Proposed list of the Congress Presidium, Congress President, Congress Secretary, Congress Supervisory Board, and Congress Counting Board.

7. Security issues for the Congress.

Article 14. Plan on organizational structure and anticipated personnel

1. The plan on organizational structure and anticipated personnel includes the following contents:

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

b) Specific criteria for each leadership position;

c) List of anticipated personnel to be introduced into leadership positions.

2. Anticipated personnel to be elected to the Board of Directors, the Commendation and Disciplinary Council of the Bar Association or the President, Vice President, Standing Committee, and National Lawyer Council of the Vietnam Bar Federation shall ensure the following standards:

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

b) Good moral character, exemplary compliance with legal regulations; the Code of Professional Ethics for lawyers;

c) Reputation, competence, capability, sense of responsibility;

d) Ability, time availability, and other conditions necessary to participate in regular activities of the Bar Association or the Vietnam Bar Federation.

Article 15. Minutes of Approval of the Charter

1. The minutes of approval of the Charter include the main contents as follows:

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

b) Opinions expressed at the Congress;

c) Results of voting to approve the Charter.

2. The minutes of approval of the Charter are signed by the Chairman of the Bar Association and the Secretary of the Congress; in cases where the minutes consist of multiple pages, the Secretary signs each page of the minutes.

Article 16. Minutes of Election

1. The election minutes include the following main contents:

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

b) Number of anticipated leadership positions to be elected.

c) List of candidates;

d) Ballot counting results;

đ) List of successful candidates.

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

Article 17. Resolution of the Congress

1. The Congress resolution includes the following main contents:

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

b) Congress agenda;

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

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

Article 18. Dissolution of the Bar Association

Upon discovering any of the circumstances for dissolving the Bar Association as stipulated in Clause 1, Article 17 of Decree No. 131/2008/ND-CP dated December 31, 2008 of the Government guiding provisions of the Lawyers Law on the organization of lawyer social-professional associations, the Department of Justice sends a document requesting the Chairman of the Provincial People's Committee to issue a decision to dissolve the Bar Association along with documents proving that the Bar Association falls under one of the circumstances for dissolution as stipulated in Clause 1, Article 17 of Decree No. 131/2008/ND-CP.

Within ten working days from the date of receipt of the document from the Department of Justice, the Chairman of the Provincial People's Committee sends a document requesting the Minister of Justice to provide comments on the dissolution of the Bar Association. Within seven working days from the date of receipt of the document from the Chairman of the Provincial People's Committee, the Minister of Justice issues a document providing comments on the dissolution of the Bar Association.

Within five working days from the date of receipt of the document agreeing to the dissolution of the Bar Association from the Minister of Justice, the Chairman of the Provincial People's Committee issues a decision to dissolve the Bar Association.

Chapter IV

PRACTICE OF FOREIGN LAWYER PRACTICING ORGANIZATIONS AND FOREIGN LAWYERS IN VIETNAM

Article 19. Conversion of Branches of Foreign Lawyer Practicing Organizations into Limited Liability Law Firms with One Hundred Percent Foreign Capital in Vietnam

1. Branches of foreign lawyer practicing organizations in Vietnam may be converted into foreign law firms in Vietnam based on the succession of all rights and obligations of the old branches.

The application for converting branches of foreign lawyer practicing organizations in Vietnam into limited liability law firms with one hundred percent foreign capital in Vietnam is submitted to the Ministry of Justice. The application includes:

a) A request for conversion from the foreign lawyer practicing organization, clearly stating the commitment of the foreign lawyer practicing organization to succeed all rights and obligations of the branches being converted;

b) A notification to clients about the conversion;

c) Draft Charter of the limited liability law firm with one hundred percent foreign capital;

d) Copies of the License for Establishment and Registration of Activities of the branches being converted;

đ) List of lawyers expected to work at the limited liability law firm with one hundred percent foreign capital;

e) Copies of documents proving the office address in case of changes in the office address.

Within thirty days from the date of receiving complete and valid applications, the Ministry of Justice issues a decision granting the License for Establishment of a limited liability law firm with one hundred percent foreign capital in Vietnam.

2. Procedures for registration of activities, publication, and announcement of the establishment of a limited liability law firm with one hundred percent foreign capital are carried out according to the provisions of Article 79 of the Lawyers Law and Article 18 of Decree No. 28/2007/ND-CP dated February 26, 2007 of the Government detailing and guiding the implementation of certain provisions of the Lawyers Law.

Article 20. Reissuing Branch Establishment License and Foreign Law Firm Establishment License

1. In cases where the Branch Establishment License or Foreign Law Firm Establishment License is lost, torn, burned, or for other reasons not due to intentional acts, the branch or foreign law firm shall submit a request for reissuing the Branch Establishment License or Foreign Law Firm Establishment License to the Ministry of Justice. The application file includes:

a) A request for reissuing the Branch Establishment License or Foreign Law Firm Establishment License, clearly stating the reason and license number;

b) Documents as prescribed in Article 78 of the Lawyers Law.

2. Within thirty days from the date of receiving complete and valid files, the Ministry of Justice shall reissue the Branch Establishment License for the branch or foreign law firm.

Article 21. Reissuing Branch Operation Registration Certificate of Foreign Branches and Foreign Law Firms

1. In cases where the Branch Operation Registration Certificate of foreign branches and foreign law firms is lost, torn, burned, or for other reasons not due to intentional acts, the branch or foreign law firm shall submit a request for reissuing the Branch Operation Registration Certificate to the Department of Justice at the location of the branch or foreign law firm. The application file includes:

a) A request for reissuing the Branch Operation Registration Certificate, clearly stating the reason and registration certificate number;

b) Documents as prescribed in Article 79 of the Lawyers Law.

2. Within ten working days from the date of receiving complete and valid files, the Department of Justice shall reissue the Branch Operation Registration Certificate for the branch or foreign law firm.

Article 22. Reissuing Foreign Lawyer Practice License in Vietnam

1. In cases where the Foreign Lawyer Practice License in Vietnam is lost, torn, burned, or for other reasons not due to intentional acts, the foreign lawyer shall submit a request for reissuing the Foreign Lawyer Practice License in Vietnam to the Ministry of Justice. The application file includes:

a) A request for reissuing the Foreign Lawyer Practice License, clearly stating the reason and license number. The request must be confirmed by the law firm where the lawyer is practicing;

b) Documents as prescribed in Article 82 of the Lawyers Law.

2. Within fifteen days from the date of receiving complete and valid files, the Ministry of Justice shall reissue the Foreign Lawyer Practice License in Vietnam for the foreign lawyer.

Article 23. Extending Foreign Lawyer Practice License in Vietnam

1. If a foreign lawyer wishes to extend their Practice License in Vietnam, they must submit an application to the Ministry of Justice at least thirty days before the expiration date stated in the license. The application file includes:

a) An extension request for the Practice License in Vietnam, confirmed by the foreign law firm or Vietnamese law firm regarding the continued employment of the lawyer;

b) The original Practice License in Vietnam.

2. Within seven working days from the date of receiving complete and valid files, the Ministry of Justice shall decide on extending the Practice License in Vietnam for the foreign lawyer.

Chapter V

INSPECTION AND AUDIT OF LAW FIRM ORGANIZATION AND ACTIVITIES

Article 24. Tasks and Authorities of the Ministry of Justice and Provincial People's Committees in Inspecting Law Firm Organization and Activities

1. The Ministry of Justice and Provincial People's Committees (hereinafter referred to as Provincial People's Committee) shall carry out inspections of law firm organization and activities within their respective jurisdictions.

2. The Department of Justice shall assist the Provincial People's Committee in conducting inspections of law firm organization and activities in the locality.

Annually, the Department of Justice shall be responsible for drafting an Inspection Plan for law firm organization and activities in the locality. The Inspection Plan must clearly specify the list of inspection targets, time, and content of the inspection; tasks and authorities of the Inspection Team leader and members; rights and obligations of the inspected entities; procedures and formalities for inspection. The Inspection Plan for law firm organization and activities shall be notified in writing to the inspected entities at least seven working days prior to the commencement of the inspection.

The Department of Justice may conduct surprise inspections upon authorization from the Ministry of Justice or the Provincial People's Committee, or in cases where there are signs of violations in law firm organization and activities.

Within fifteen days from the end of the inspection, the Department of Justice shall submit a report to the Provincial People's Committee and the Ministry of Justice on the inspection results.

Article 25. Principles for inspecting the organization and activities of lawyers

The inspection of the organization and activities of lawyers must comply with the following principles:

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

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

3. Adherence to the provisions of the Law on Lawyers and related laws.

Article 26. Content of Inspection

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

a) The performance of rights and obligations of the social-professional organizations of lawyers as stipulated in the Law on Lawyers and guiding documents for its implementation, the Statutes of the Vietnam Bar Federation and the Statutes of the Lawyer Associations;

b) The handling of complaints and denunciations as stipulated in the Law on Lawyers and related legal documents;

c) Compliance with legal provisions regarding finance, accounting, and statistics;

d) Periodic and extraordinary reporting; establishment of record books and storage of relevant documents as stipulated in the Law on Lawyers and related legal provisions;

đ) Compliance with legal provisions on international cooperation and other legal provisions concerning lawyers and the practice of law;

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

a) Compliance with legal provisions on the registration of operations of Vietnamese lawyer practice organizations; applications for issuance of licenses to establish and operate foreign lawyer practice organizations in Vietnam; applications for issuance of licenses for foreign lawyers to operate in Vietnam;

b) Compliance with legal provisions on labor when hiring employees;

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

d) Execution of legal service contracts as stipulated by law;

đ) Periodic and extraordinary reporting; establishment of record books and storage of relevant documents as stipulated in the Law on Lawyers and related legal provisions;

e) Compliance with other legal provisions concerning lawyers and the practice of law;

3. For individual lawyers practicing independently, the content of inspection focuses on the information recorded in their individual lawyer practice registration certificate and compliance with legal provisions on lawyers, the practice of law, and related legal provisions.

4. For provincial Departments of Justice under central cities, the inspection focuses on the following main contents:

a) Compliance with legal provisions of the Law on Lawyers and related legal provisions concerning the issuance, amendment, and revocation of operation registration certificates for Vietnamese lawyer practice organizations and foreign lawyer practice organizations in Vietnam;

b) Periodic and extraordinary reporting, establishment of record books, and storage of relevant documents as stipulated in the Law on Lawyers and related legal provisions;

c) Compliance with other legal provisions concerning lawyers and the practice of law.

Article 27. Duties and Authorities of the Inspection Team

1. The Inspection Team consists of a Team Leader and members. The Team Leader represents the state management agency responsible for lawyers and the practice of law. Members of the Inspection Team include representatives from agencies and organizations related to the inspection of lawyer organizations and activities.

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

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

b) Extension of inspection when necessary;

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

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

đ) Administrative penalty according to authority or recommendation to the competent authority to decide on administrative penalties in lawyer organizations and activities;

e) Resolution of complaints and denunciations regarding administrative acts and administrative decisions related to members of the Inspection Team.

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

Article 28. Rights and Obligations of the Inspection Object

1. The inspected entity has the following rights:

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

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

c) Reserving opinions in the inspection record;

d) Refuse inspection when there is no inspection decision; refuse to provide information and documents unrelated to the inspection content, information and documents classified as state secrets or client secrets, except where otherwise provided by law;

đ) Reporting illegal acts during the inspection process;

e) Other rights as prescribed by law.

2. The inspected entity has the following obligations:

a) Comply with the Inspection Decision of the competent state agency;

b) Prepare fully all reports and books as stipulated in Articles 31, 32, 33, and 36 of this Circular; other files and documents related thereto as prescribed by law;

c) Provide promptly, fully, and accurately all relevant information and documents concerning the inspection content upon request of the Inspection Team; bear legal responsibility for the accuracy and truthfulness of the information and documents provided;

d) Signing the inspection record after the inspection ends;

đ) Complying with the Inspection Team's decisions;

e) Other obligations as prescribed by law.

Article 29. Procedure and Formalities for Inspection

1. Announce the inspection decision at the beginning of the inspection regarding the organization and practice of lawyers;

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

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

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

Article 30. Supervision of Lawyer Organizations and Activities

The Ministry of Justice and the People's Committee of the province shall carry out supervision on lawyer organizations and activities in accordance with the law on supervision;

The Department of Justice shall be responsible for assisting the People's Committee of the province in carrying out supervision on lawyer organizations and activities in the locality in accordance with the law on supervision;

Chapter VI

REPORTING REGIME, METHODS OF SUBMITTING FILES AND ATTACHED DOCUMENT FORMS

Article 31. Periodic Reports

1. Every six months and annually, the Vietnam Bar Federation shall be responsible for preparing a report on the organization and activities of lawyers to be submitted to the Ministry of Justice; the Bar Association shall be responsible for preparing a report on the organization and activities of lawyers to be submitted to the Ministry of Justice, the Vietnam Bar Federation, and the Department of Justice where the Bar Association has its headquarters;

The six-month report of the social-professional organization of lawyers shall be submitted before April 10 each year, and the annual report shall be submitted before October 10 each year;

2. Every six months and annually, Vietnamese law firms and individual practicing lawyers shall be responsible for preparing a report on their organization and activities to be submitted to the Bar Association and the Department of Justice where the law firm has its headquarters or where the individual practicing lawyer has a place of business; foreign law firms operating in Vietnam shall be responsible for preparing a report on their organization and activities to be submitted to the Ministry of Justice and the Department of Justice where the foreign law firm has its headquarters;

The six-month report of Vietnamese law firms, individual practicing lawyers, and foreign law firms operating in Vietnam shall be submitted before April 5 each year, and the annual report shall be submitted before October 5 each year;

3. Every six months and annually, the Department of Justice shall be responsible for preparing a report to be submitted to the Ministry of Justice and the People's Committee of the province on the organization and activities of lawyers in the locality;

The six-month report of the Department of Justice shall be submitted before April 15 each year, and the annual report shall be submitted before October 15 each year;

4. The six-month report covers the period from October 1 of the previous year to March 31 of the following year; the annual report covers the period from October 1 of the previous year to September 30 of the following year;

Article 32. Content of Reports

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

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

b) Achievements, difficulties, obstacles, and causes thereof, including a focus on evaluating the development of the lawyer workforce and law firms; building Party organizations within Bar Associations; the practice of lawyers in the locality; performing the role of self-management by Bar Associations; implementing state management tasks regarding lawyers and the practice of law in the locality;

c) Proposals and recommendations.

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

a) Summary of the situation of the organization and activities of lawyers of the social-professional organization of lawyers;

b) Achievements, difficulties, obstacles, and causes thereof, including a focus on evaluating the development of the lawyer workforce and law firms; the organization and activities of Bar Associations; building Party organizations and developing new members in Bar Associations and the Vietnam Bar Federation; performing the role of self-management by the social-professional organization of lawyers; international cooperation activities of the social-professional organization of lawyers; implementation of the principle of combining state management with the promotion of the role of self-management by the social-professional organization of lawyers.

c) Proposals and recommendations.

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

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

b) Achievements, difficulties, obstacles and reasons.

c) Proposals and recommendations.

Article 33. Unexpected Reports

1. The Department of Justice shall be responsible for submitting unexpected reports on the organization and activities of lawyers in the locality upon the request of the Ministry of Justice or the People's Committee of the province.

2. The Vietnam Bar Federation shall be responsible for submitting unexpected reports on the organization and activities of lawyers upon the request of the Ministry of Justice.

3. The Bar Association shall be responsible for submitting unexpected reports on the organization and activities of lawyers in the locality upon the request of the Ministry of Justice or the Department of Justice.

4. Vietnamese lawyer practice organizations, individual lawyers practicing as such, and foreign lawyer practice organizations in Vietnam shall be responsible for submitting unexpected reports on their organization and activities upon the request of the Ministry of Justice or the Department of Justice.

Article 34. Obligations of Lawyer Practice Organizations and Lawyer Professional Social Organizations in Reporting and Maintaining Records

1. Vietnamese lawyer practice organizations, individual lawyers practicing as such, and foreign lawyer practice organizations in Vietnam must strictly fulfill the obligation to report as prescribed in Clause 7, Clause 8, Article 40 of the Lawyers Law, guided by Articles 31, 32, 33 of this Circular and Circular No. 08/2011/TT-BTP guiding certain contents related to statistical work of the Justice Sector.

Vietnamese lawyer practice organizations, foreign lawyer practice organizations in Vietnam shall be responsible for maintaining records according to the models prescribed in Clauses 23, 24, 25, 26, Article 36 of this Circular and in accordance with the provisions of labor law, tax law, financial law, accounting law.

Individual lawyers practicing as such shall be responsible for maintaining records according to the models prescribed in Clauses 24, 25, 26, Article 36 of this Circular and in accordance with the provisions of labor law, tax law, financial law, accounting law.

2. Lawyer professional social organizations must fully and strictly fulfill the obligation to report as prescribed in Articles 31, 32, 33 of this Circular.

Lawyer professional social organizations shall be responsible for maintaining records according to the models prescribed in Clauses 23, 26, 27, 28, Article 36 of this Circular and in accordance with the relevant laws.

3. The storage of reports, records, and ledgers shall be carried out in accordance with the provisions of the law on archives.

Article 35. Quantity of Files and Method of Submitting Files

1. Individuals wishing to have their Certificate of Completion of Lawyer Training Abroad recognized, individuals applying for issuance, reissuance of Lawyer Practice Certificate; overseas branch offices, law firms requesting reissuance of Establishment License, foreign lawyers requesting issuance, reissuance, extension of Practice License in Vietnam, overseas branches of foreign lawyer practice organizations converting into foreign law firms in Vietnam shall submit one set of files directly at the headquarters of the Ministry of Justice or send through the postal communication system to the Ministry of Justice. For files requiring payment of fees, they shall be submitted directly or transferred to the account of the Ministry of Justice. The account number is published on the Ministry of Justice’s online portal.

2. Lawyer practice organizations changing legal representative, establishing transaction offices; law firm offices converting organizational form of lawyer practice; overseas branch offices, law firms requesting issuance, reissuance of Branch Operation Registration Certificate shall submit one set of files directly at the headquarters of the Department of Justice or send through the postal communication system to the Department of Justice where the office of the lawyer practice organization is located. For files requiring payment of fees, they shall be submitted directly or transferred to the account of the Department of Justice.

Article 36. Forms of documents attached to this Circular

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

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

3. Application for registration of activities of law office, limited liability law firm with one member (Form TP-LS-03);

4. Application for registration of activities of partnership law firm, limited liability law firm with two or more members (Form TP-LS-04);

5. Application for registration of activities of branch of law practice organization (Form TP-LS-05);

6. Application for registration of individual lawyer practice (Form TP-LS-06);

7. Application for change of registered activity content of law practice organization (Form TP-LS-07);

8. Registration of activities of law office, limited liability law firm with one member (Form TP-LS-08);

9. Registration of activities of partnership law firm, limited liability law firm with two or more members (Form TP-LS-09);

10. Registration of activities of branch of law practice organization (Form TP-LS-10);

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

12. Application for establishment of branch of foreign law practice organization, limited liability law firm with 100% foreign capital in Vietnam (Form TP-LS-12);

13. Application for establishment of limited liability law firm under joint venture form in Vietnam (Form TP-LS-13);

14. Application for establishment of branch of foreign law firm in Vietnam (Form TP-LS-14);

15. Application for issuance of Practice Permit in Vietnam of foreign lawyer (Form TP-LS-15);

16. Application for registration of activities of foreign law practice organization in Vietnam (Form TP-LS-16);

17. Application for registration of activities for branch of foreign law firm in Vietnam (Form TP-LS-17);

18. Registration of activities of branch of foreign law practice organization (Form TP-LS-18);

19. Registration of activities of limited liability law firm with 100% foreign capital in Vietnam (Form TP-LS-19);

20. Registration of activities of limited liability law firm under joint venture form in Vietnam (Form TP-LS-20);

21. Registration of activities of branch of foreign law firm (Form TP-LS-21);

22. Service agreement form (Form TP-LS-22);

23. Record of outgoing and incoming documents (Form TP-LS-23);

24. Record of labor usage (Form TP-LS-24);

25. Record of legal service contracts/service agreement forms (Form TP-LS-25).

26. Record of participation in criminal proceedings upon request of prosecution agency/free legal aid implementation (Form TP-LS-26).

27. Record of rewards, disciplinary actions, and violation handling (Form TP-LS-27).

28. Record of complaints and complaint resolution (Form TP-LS-28).

29. Activity registration record (Form TP-LS-29).

Chapter VII

IMPLEMENTING PROVISIONS

Article 37. Effective Date

This Circular takes effect from December 1, 2011 and replaces Circular No. 02/2007/TT-BTP dated April 25, 2007 of the Ministry of Justice on guiding certain provisions of the Lawyers Law and Decree detailing and guiding implementation of certain provisions of the Lawyers Law.

Article 38. Organization of implementation

Heads of units under the Ministry, Directors of Provincial Departments of Justice, and relevant agencies, organizations, and individuals shall be responsible for implementing this Circular.

In the course of implementation, if there are any difficulties, please promptly report them to the Ministry of Justice for study and resolution./.