Directive No. 620/CT-TTg requires the temporary suspension of issuing licenses to establish legal advisory organizations such as Law Firms and Legal Advisory Offices in order to strengthen the management of legal advisory activities until the issuance of formal documents. The directive applies to all organizations and individuals involved in legal advisory activities.
适用范围
Legal advisory organizations such as Law Firms, Legal Advisory Offices; Ministry of Justice; People's Committees of provinces and centrally governed cities; Vietnam Bar Association
要点
- Temporarily suspend the issuance of licenses to establish Law Firms, Legal Advisory Offices, and other legal advisory organizations (Article 1).
- Legal advisory organizations that have been granted licenses before the issuance of this Directive continue their operations but must comply with guidance and inspection by the Ministry of Justice (Article 1).
- The Ministry of Justice shall take the lead in coordinating with relevant agencies to review and assess the situation of organization and operation of legal advisory activities by October 30, 1995 (Article 2).
- This Directive takes effect from the date of issuance.
- The Ministry of Justice is responsible for guiding, urging, and inspecting the implementation of this Directive and reporting to the Prime Minister.
🌐 本文件的社会影响
- Strengthening the management of legal advisory activities to improve service quality.
- Reducing violations of laws in the field of legal advisory services.
- Difficulties for new organizations wishing to establish to provide legal advisory services.
- Requesting existing licensed organizations to adhere more strictly to regulations.
❓ 常见问题
When does Directive No. 620/CT-TTg suspend the issuance of licenses to establish Law Firms and Legal Advisory Offices?
From the date of issuance of this Directive.
Legal advisory organizations that have been operating with licenses prior to the issuance of this Directive can continue their operations until when?
Until a new decision is made by the competent state agency.
What tasks must the Ministry of Justice perform related to this Directive?
Take the lead in coordinating with Ministries and People's Committees of provinces to review and assess the situation of organization and operation of legal advisory activities by October 30, 1995.
What regulations must legal advisory organizations with operating licenses comply with?
Must comply with guidance and inspection by the Ministry of Justice.
When does Directive No. 620/CT-TTg take effect?
From the date of issuance of this Directive.
全文
DIRECTIVE
On Strengthening the Management of Legal Advisory Activities
_______________
In the context where the State is intensifying social and economic management through laws, with the economy transitioning to operate under a market mechanism with state regulation, following a socialist orientation, legal advisory activities have become an objective need and are developing increasingly. In recent years, the number of legal professionals has grown significantly, with many legal professionals participating in legal advisory activities; numerous legal advisory organizations have been established.
Legal advisory activities have contributed to enhancing awareness and understanding of laws among organizations and individuals, and promoting compliance with the law. These activities have also been initially implemented in business and trade sectors, contributing to strengthening legal governance in production and business operations.
However, legal advisory activities remain a new field, with incomplete issuance of state legal texts, leading to insufficient consistency in state management in this area. Procedures for licensing the establishment of legal advisory organizations are still very fragmented, with many loopholes. The legal advisory activities of individuals and organizations are disorganized, and in some cases, there are violations of the law. The authority to issue licenses for the establishment of Legal Advisory Offices is arbitrary. In some localities, this authority belongs to the People's Committees of provinces and centrally-administered cities; in other localities, it belongs to the Departments of Justice; some mass organizations also independently decide on the establishment of their own Legal Advisory Offices. There is no clear guidance on the procedures for obtaining permits and registering for business for Law Firms and Legal Advisory Offices according to the Company Law or the Law on Private Enterprises.
Most legal advisors currently practicing have not been carefully selected based on professional standards, have not received training in professional skills, and ethical standards have not been adequately emphasized. There are no regulations specifying which state authorities are responsible for guiding and inspecting Law Firms from a professional standpoint. The issues of responsibility and obligations of legal advisors and legal advisory organizations have not been fully and consistently addressed, particularly regarding liability for damages resulting from incorrect advice.
These deficiencies and loopholes result in the current quality of legal advisory activities being inadequate, failing to earn the trust of citizens, especially domestic and foreign economic organizations, and failing to meet requirements for cooperation with foreign legal firms.
To restore order and strengthen state management in the field of legal advisory activities while awaiting the issuance of formal documents, the Prime Minister instructs:
1. Temporarily halt the issuance of licenses for the establishment of Law Firms, Legal Advisory Offices, and other legal advisory organizations. Law Firms, Legal Advisory Offices, and other legal advisory organizations that were legally licensed before the issuance of this Directive may continue operating until further notice and must comply with guidance and inspection by the Ministry of Justice.
2. The Ministry of Justice shall take the lead in coordinating with relevant ministries, provincial and centrally-administered city people's committees, the Vietnam Bar Association, to conduct a comprehensive review and assessment of the organization and operation of legal advisory activities, and submit recommendations to the Prime Minister for decision-making by October 30, 1995.
3. This Directive takes effect from the date of issuance. The Ministry of Justice is responsible for guiding, urging, and inspecting the implementation of this Directive and reporting to the Prime Minister./.
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