Circular 05/2021/TT-BTP guiding the Law on Lawyers, Decree detailing a number of articles of, and measures to implement, the Law on Lawyers

CIRCULAR

Guiding a number of articles of, and measures to implement, the Law on Lawyers, and the Decree detailing a number of articles of, and measures to implement, the Law on Lawyers^[1]

Pursuant to June 29, 2006 Law on Lawyers; and the November 20, 2012 Law Amending and Supplementing a Number of Articles of the Law on Lawyers;

Pursuant to the Government’s Decree No. 96/2017/ND-CP of August 16, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Justice;

Pursuant to the Government’s Decree No. 123/2013/ND-CP of October 14, 2013, detailing a number of articles of, and measures to implement, the Law on Lawyers (below referred to as Decree No. 123/2013/ND-CP); and the Government’s Decree No. 137/2018/ND-CP of October 8, 2018, amending and supplementing a number of articles of Decree No. 123/2013/ND-CP;

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

The Minister of Justice promulgates the Circular guiding a number of articles of, and measures to implement, the Law on Lawyers and the Decree detailing a number of articles of, and measures to implement, the Law on Lawyers.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides recognition of overseas lawyer training; papers proving exemption from lawyer training and exemption from or reduction of law practice probation; revocation or re-grant of law practice certificates; heads and change of registered operations of branches, and notification of establishment of transaction offices, of law-practicing organizations; re-grant of establishment licenses or operation registration certificates of foreign law-practicing organizations and permits for law practice in Vietnam for foreign lawyers; lawyers’ congresses of bar associations and national congresses of lawyers’ delegates; examination, reporting regime, and a number of forms on lawyer organization and activities.

Article 2. Subjects of application

This Circular applies to persons who request recognition of overseas lawyer training or grant or re-grant of law practice certificates, lawyers, law-practicing organizations, lawyers’ socio-professional organizations, state management agencies in charge of lawyers and law practice, and related individuals, agencies and organizations.

Chapter II

RECOGNITION OF OVERSEAS LAWYER TRAINING; PAPERS PROVING EXEMPTION FROM LAWYER TRAINING AND EXEMPTION FROM OR REDUCTION OF LAW PRACTICE PROBATION; REVOCATION OR RE-GRANT OF LAW PRACTICE CERTIFICATES

Article 3. Recognition of overseas lawyer training

1. A certificate of completion of an overseas lawyer training program may be recognized in the following cases:

a/ It has been granted by a foreign training institution falling within the scope of application of an agreement on equivalence of diplomas or mutual recognition of diplomas or a treaty concerning diplomas to which the Socialist Republic of Vietnam is a contracting party;

b/ It has been granted by a training institution of a foreign country that has its training programs recognized by a quality inspection agency of such country or has been permitted by a competent agency of such country to be established and grant diplomas, certificates or papers certifying graduation from overseas lawyer training.

2. Persons who have completed overseas lawyer training programs and wish to have their training recognized in Vietnam shall submit their dossiers online via the Public Service Portal of the Ministry of Justice or by post to or by hand-delivery at the Ministry of Justice. Such a dossier must comprise:

a/ A written request for recognition of overseas lawyer training;

b/ A copy of the certificate of completion of an overseas lawyer training program; and papers proving that the requester falls into one of the cases specified in Clause 1 of this Article;

c/ A copy of the sheet of overseas lawyer training results.  

The papers specified at Points b and c of this Clause must be consularly notarized in accordance with law and translated into Vietnamese. Their Vietnamese translations must be notarized or authenticated in accordance with Vietnam’s law.

3. Within 15 days after receiving a complete and valid dossier, the Minister of Justice shall issue a decision on recognition of overseas lawyer training. In case of refusal to issue such a decision, he/she shall reply in writing, clearly stating the reason.

Article 4. Papers proving exemption from lawyer training and exemption from or reduction of law practice probation

Papers proving that a person is exempt from lawyer training under Article 13 of the Law on Lawyers or entitled to exemption from or reduction of law practice probation under Article 16 of the Law on Lawyers include:

1. A copy of the decision on appointment or re-appointment of a judge, procurator or investigator, or the resolution on or written record of election of a judge issued by the district- or provincial-level People’s Council, for judges elected by district- or provincial-level People’s Councils.

2. A copy of the decision on conferment of law professor or associate professor title or a copy of the Legum Doctor (LL.D.) diploma.

3. A copy of the decision on appointment or re-appointment of a court’s senior verifier or principal verifier or a procuracy’s senior examiner or principal examiner or the decision on appointment of a senior expert, senior researcher, senior lecturer, principal specialist, principal researcher or principal lecturer in the field of law.

4. A copy of the recruitment decision or employment contract in the field of law.

5. Other lawful papers proving that he/she is exempt from lawyer training or entitled to exemption from or reduction of law practice probation.

Article 5. Revocation of law practice certificates

1. When having a ground to believe that a lawyer falls into one of the cases specified in Clause 1, Article 18 of the Law on Lawyers, the Minister of Justice shall issue a decision on revocation of the law practice certificate of such lawyer.

2. When having a ground to believe that a lawyer falls into one of the cases specified at Point a, b, c, d, dd, e, h, i and k, Clause 1, Article 18 of the Law on Lawyers, the bar association of which such lawyer is a member or another agency or organization shall send to the Minister of Justice a written request for revocation of his/her law practice certificate, enclosed with papers proving that he/she falls into one of the cases subject to revocation of law practice certificates.

In case a lawyer is disciplined in the form of deletion of his/her name from a bar association’s list of lawyers under Point g, Clause 1, Article 18 of the Law on Lawyers, within 7 working days after issuing a lawyer disciplining decision, the management board of the bar association shall send to the Minister of Justice a written request for revocation of the law practice certificate of such lawyer, enclosed with the lawyer disciplining decision. The lawyer whose law practice certificate is revoked shall stop practicing law from the date of issuance of the decision on disciplining him/her in the form of deletion of his/her name from the bar association’s list of lawyers.

Annually, the Vietnam Bar Federation and provincial-level Departments of Justice shall review the list of persons falling in the cases specified in Clause 1, Article 18 of the Law on Lawyers before requesting the Minister of Justice to revoke their law practice certificates.

3. Within 15 days after receiving a written request for revocation of a law practice certificate, the Minister of Justice shall issue a decision on revocation of a law practice certificate, unless there is a complaint about the decision on disciplining the lawyer in the form of deletion of his/her name from a bar association’s list of lawyers and such complaint is being settled in accordance with law.

A decision on revocation of a law practice certificate shall be sent to the lawyer whose law practice certificate is revoked, the bar association of which he/she was a member, the Vietnam Bar Federation, central proceeding-conducting bodies, the provincial-level Department of Justice, and local proceeding-conducting bodies of the locality where the bar association of which he/she was a member is located. In case a lawyer has his/her law practice certificate revoked for his/her failure to join a bar association under Point d, Clause 1, Article 18 of the Law on Lawyers, a decision on revocation of his/her law practice certificate shall be sent to him/her and the provincial-level Department of Justice that has sent the dossier of request for grant of a law practice certificate to him/her. Decisions on revocation of law practice certificates shall be posted on the Portal of the Ministry of Justice.

4. Within 7 working days after receiving a decision on revocation of a law practice certificate, the Vietnam Bar Federation shall issue a decision on revocation of the lawyer card of the lawyer whose law practice certificate is revoked. Decisions on revocation of lawyer cards shall be posted on the Portal of the Vietnam Bar Federation.

5. A lawyer who has his/her law practice certificate revoked shall return the original certificate and his/her lawyer card to the bar association of which he/she was a member. The management board of the bar association shall collect and destroy such certificate and lawyer card.

In case a lawyer has his/her law practice certificate revoked for his/her failure to join a bar association under Point d, Clause 1, Article 18 of the Law on Lawyers, he/she shall return the original certificate to the provincial-level Department of Justice that has sent the dossier of application for a law practice certificate. Provincial-level Departments of Justice shall collect and destroy law practice certificates.

6. Law practice certificates and lawyer cards shall be destroyed by the method of cutting off their left corner.

Article 6. Re-grant of law practice certificates

1. The re-grant of law practice certificates must comply with Article 19 of the Law on Lawyers. A person requesting re-grant of his/her law practice certificate who satisfies the requirements for examination of law practice probation results shall submit a dossier of request for re-grant of a law practice certificate to the management board of the bar association under Clause 1, Article 17 of the Law on Lawyers. A person requesting re-grant of his/her law practice certificate who is exempt from law practice probation shall submit a dossier of request for re-grant of a law practice certificate to the provincial-level Department of Justice of the locality where he/she habitually resides under Clause 2, Article 17 of the Law on Lawyers.

2. A law practice certificate may be re-granted in case it is lost, torn or burnt or has its information changed due to an objective reason.

3. Procedures for re-grant of law practice certificates must comply with Article 17 of the Law on Lawyers.

Chapter III

LAW-PRACTICING ORGANIZATIONS, FOREIGN LAW-PRACTICING ORGANIZATIONS AND FOREIGN LAWYERS PRACTICING IN VIETNAM

Article 7. Method of numbering operation registration certificates of law-practicing organizations and law practice registration certificates of independent law practitioners

Operation registration certificates of law-practicing organizations and law practice registration certificates of independent law practitioners shall be numbered as follows:

The first two digits represent the provincial code (provided in Appendix I to this Circular); the next two digits represent the code of type of law practice (provided in Appendix II to this Circular); and the subsequent four digits represent ordinal numbers of registration commonly used for all forms of law-practicing organizations, branches of law-practicing organizations and independent law practitioners.

When a law-practicing organization is transformed or its operation registration contents are changed, its registered ordinal number will remain unchanged upon re-grant of its operation registration certificate.

Article 8. Heads of branches of law-practicing organizations

1. A lawyer office or law firm may appoint lawyers who are its members or lawyers who work for it under labor contracts to act as heads of its branches, except foreign lawyers currently practicing in Vietnam. The head of a lawyer office or director of a law firm or a member lawyer may act as the head of only one branch of such lawyer office or law firm. A lawyer working under a labor contract may act as the head of only one branch of a law-practicing organization.

2. Heads of lawyer offices and directors of law firms shall bear responsibility for all operations of their law-practicing organizations and attached units.  

Article 9. Branches and transaction offices of law-practicing organizations

1. Law-practicing organizations that change operation registration contents of their branches under Clause 2, Article 41 of the Law on Lawyers may have operation registration certificates re-granted by provincial-level Departments of Justice where the operation registration of their branches has been made.

2. A law-practicing organization wishing to establish a transaction office shall send a notice of establishment of the transaction office, clearly stating the address of the transaction office, to the provincial-level Department of Justice and the bar association of the locality where its operation registration has been made. In case a transaction office of a law-practicing organization suspends or terminates its operation or changes its operation address, the law-practicing organization shall notify such in writing to the provincial-level Department of Justice at least 5 working days before the date of operation suspension or termination or address change. The provincial-level Department of Justice shall record information on the operation suspension or termination or change of the operation address of the transaction office on the operation registration certificate of the law-practicing organization.

Article 10. Foreign law firm’s branch or foreign law firm establishment licenses; foreign law firm’s branch or foreign law firm operation registration certificates; practice licenses of foreign lawyers practicing in Vietnam

1. In case a foreign law firm’s branch or foreign law firm establishment license, foreign law firm’s branch or foreign law firm operation registration certificate or practice license of a foreign lawyer practicing in Vietnam is lost, torn or burnt or has its information changed due to an objective reason, procedures and dossier for re-grant thereof must comply with Articles 78, 79 and 82 of the Law on Lawyers.

2. A foreign law firm’s branch or foreign law firm that has registered its operation at a provincial-level Department of Justice shall send a list of foreign lawyers working for it. Within 7 working days after signing or terminating a labor contract with a foreign lawyer, the foreign law firm’s branch or the foreign law firm shall notify such signing or termination in writing to the provincial-level Department of Justice where it has registered its operation for the latter to record information on the contract signing or termination in an annex to its operation registration certificate.

Chapter IV

LAWYERS’ SOCIO-PROFESSIONAL ORGANIZATIONS

Article 11. Lawyers’ congresses of bar associations and national congresses of lawyers’ delegates of the Vietnam Bar Federation

1. The lawyers’ congress of a bar association is the highest leading body of the bar association. Based on the number of its members and the Charter of the Vietnam Bar Federation, the bar association may hold its plenary congress or congress of lawyers’ delegates. The structure and number of delegates to a congress of lawyers’ delegates shall be decided by the bar association on the basis of the Charter of the Vietnam Bar Federation and approved by the provincial-level People’s Committee. The allocation of delegates to a congress of lawyers’ delegates of a bar association must be based on the number of delegates expected to be invited, ensuring representation of law-practicing organizations and appropriate structure in terms of gender, age, ethnic groups and districts, towns or cities of residence of lawyers. The selection of delegates to a congress of lawyers’ delegates of a bar association shall be carried out in an equal, democratic, public and transparent manner. The Vietnam Bar Federation shall guide the selection and allocation of delegates to congresses of lawyers’ delegates of bar associations.

2. The national congress of lawyers’ delegates is the highest leading body of the Vietnam Bar Federation. A national congress of lawyers’ delegates is convened by the National Lawyers Council. The National Lawyers Council shall specifically guide the number and allocation of delegates to the national congress of lawyers’ delegates. The allocation of delegates to a national congress of lawyers’ delegates must be based on the number of delegates expected to be invited, ensuring representation of bar associations and appropriate structure in terms of gender, age, ethnic groups and regions. Delegates to  national congresses of lawyer’s delegates must be selected from bar associations in an equal, democratic, public and transparent manner.

3. Delegates to a lawyers’ congress of a bar association or a national congress of lawyers’ delegates must be lawyers and satisfy the following criteria:

a/ To be faithful to the Fatherland and abide by the Constitution and law of the Socialist Republic of Vietnam;

b/ To have good moral qualities and be exemplary in abiding by law, the Charter of the Vietnam Bar Federation, and the Code of Professional Conduct of Vietnamese lawyers;

c/ To have prestige and good sense of solidarity and responsibility, and be capable of contributing to decisions of the congress.

Article 12. Plans on organization of lawyers’ congresses of bar associations and national congresses of lawyers’ delegates

A plan on organization of a lawyers’ congress of a bar association or a national congress of lawyers’ delegates shall be worked out in accordance with the law on lawyers and relevant guidance in the Charter of the Vietnam Bar Federation and must have the following principal contents:

1. Purposes of and reasons for organizing the congress;

2. The process of congress preparation;

3. Time and place to organize the congress and composition and a tentative list of delegates to the congress; in case of organization of a delegates’ congress, the number of delegates and method of delegate selection must be clearly stated;

4. A scheme on personnel and a plan on personnel selection; 

5. Scenario of the congress, scenario on congress administration, and working method;

6. Regulation of the congress, election rules, and internal rules of the congress;

7. List of expected members of the Presidium, Presidium head, and secretary, supervisory board and vote-counting board of the congress;

8. Internal regulations of the bar association or Charter of the Vietnam Bar Federation (if it has been revised);

9. Assurance of security for the congress.

Article 13. Plans on personnel selection

1. A plan on personnel selection specified in Clause 4, Article 12 of this Circular must have the following principal contents:

a/ Organizational structure and number of persons to be elected;

b/ Process of personnel selection;

c/ Specific criteria for each leading post holder;

d/ List of nominees for leading post holders and their resumes;

dd/ Results of verification of eligibility of nominees.

2. Nominees to be elected as the Manager and members of the Management Board and Commendation and Disciplining Council of a bar association or as the Chairperson and Vice Chairpersons and members of the Standing Committee and the National Lawyers Council of the Vietnam Bar Federation must meet the following criteria:

a/ To be faithful to the Fatherland and abide by the Constitution and law of the Socialist Republic of Vietnam;

b/ To have a firm political stance and good moral qualities and be exemplary in abiding by law, the Charter of the Vietnam Bar Federation and the Code of Professional Conduct of Vietnamese lawyers;

c/ To be prestigious, professionally qualified and capable of dealing with working affairs, and have a good sense of solidarity and responsibility;

d/ To have time and other conditions for participating in regular activities of the bar association or the Vietnam Bar Federation.

Article 14. Minutes of approval of the Charter of the Vietnam Bar Federation or internal regulations of bar associations

1. A minutes of approval of the Charter of the Vietnam Bar Federation or internal regulations of a bar association must have the following principal contents:

a/ Time and place of organization of, and number and composition of delegates to, the congress;

b/ Opinions raised at the congress;

c/ Voting results of approval.

2. A minutes of approval of the Charter of the Vietnam Bar Federation or internal regulations of a bar association shall be signed by the Presidium head and secretary of the congress. For a multi-page minutes, the secretary shall sign every page of the minutes.

 Article 15. Voting minutes

1. A voting minutes must have the following principal contents:

a/ Time and place of organization of, and number and composition of delegates to, the congress;

b/ Number of leading post holders to be elected;

c/ List of nominees;

d/ Voting results;

dd/ List of elected persons.

2. A voting minutes shall be signed by the heads of the Vote-Counting Board and Supervisory Board. For a multi-page minutes, the heads of the Vote-Counting Board and the Supervisory Board shall sign every page of the minutes.

Article 16. Congress resolutions

1. A congress resolution must have the following principal contents:

a/ Time and place of organization of, and composition of delegates to, the congress;

b/ Congress agenda;

c/ Results of voting on each issue discussed at the congress and voting results of approval of the congress resolution.

2. The congress resolution shall be signed by the Presidium head. For a multi-page resolution, the Presidium head shall sign every page of the resolution.

Chapter V

EXAMINATION OF LAW PRACTICE ORGANIZATION AND ACTIVITIES

Article 17. Tasks and powers of the Ministry of Justice and provincial-level People’s Committees in examination of law practice organization and activities

1. The Ministry of Justice and provincial-level People’s Committees shall examine law practice organization and activities according to their competence.

2. The Department of Judicial Support shall assist the Minister of Justice in carrying out examination of law practice organization and activities nationwide under annual plans and carry out extraordinary examination at the request of the Minister of Justice.

3. Provincial-level Departments of Justice shall assist provincial-level People’s Committees in carrying out examination of law practice organization and activities in their localities. Annually, based on practical situation, provincial-level Departments of Justice shall work out plans on examination of law practice organization and activities in their localities, clearly identifying to-be-examined subjects and time and contents of examination; tasks and powers of the heads and members of examination teams; tasks and powers of heads and members of examination teams; rights and obligations of to-be-examined subjects; and examination order and procedures.

Provincial-level Departments of Justice shall carry out extraordinary examination at the request of the Ministry of Justice or provincial-level People’s Committees or upon detection of signs of violation in law practice organization and activities.

4. A plan on examination of law practice organization and activities shall be notified in writing to the to-be-examined subject at least 7 working days before the date of examination.

5. Within 15 days after completing an examination, the provincial-level Department of Justice shall send a report on examination results or examination conclusions to the provincial-level People’s Committee and the Ministry of Justice.

Article 18. Principles of examination of law practice organization and activities

1. Assurance of publicity, objectivity, transparency and compliance with approved plans, except cases of extraordinary examination.

2. Assurance of confidentiality in law practice in accordance with the Law on Lawyers and relevant regulations.

3. Compliance with the law on lawyers and law practice and relevant regulations.

Article 19. Examination contents

1. For a lawyers’ socio-professional organization, the examination must focus on the following major issues:

a/ Receipt of dossiers of request for grant or re-grant of law practice certificates; requests for revocation of law practice certificates; examination of law practice probation results; registration and supervision of law practice probation;

b/ Registration for joining a bar association; grant, renewal or revocation of lawyer cards;

c/ Provision of compulsory professional refresher courses;

d/ Settlement of complaints and denunciations according to its competence;

dd/ Compliance with the laws on finance, accounting and statistical work;

e/ Making of regular or extraordinary reports; making of book forms and archive of documents and papers in accordance with the Law on Lawyers and relevant regulations;

g/ Compliance with regulations on international cooperation;

h/ Exercise of other powers and performance of other tasks in accordance with the law on lawyers and law practice, relevant regulations, and the Charter of the Vietnam Bar Federation.

2. For a Vietnamese law-practicing organization or a foreign law-practicing organization in Vietnam, the examination must focus on the following major issues:

a/ Compliance with regulations on operation registration and change of operation registration contents by Vietnamese law-practicing organizations; requests for grant, re-grant or modification of establishment licenses and operation registration certificates by foreign law-practicing organizations in Vietnam; requests for grant, re-grant or extension of permits for law practice of foreign lawyers in Vietnam;

b/ Compliance with regulations on labor, for cases of hiring employees;

c/ Compliance with regulations on taxes, finance, accounting and statistical work;

d/ Signing and performance of legal service contracts in accordance with law;

dd/ Admission and monitoring of, and provision of instructions to, law practice probationers;

e/ Making of regular or extraordinary reports; making of book forms and archive of documents and papers in accordance with the Law on Lawyers and relevant regulations;

g/ Purchase of professional liability insurance for its lawyers in accordance with the law on insurance business;

h/ Participation in compulsory professional refresher courses and in provision of legal aid by its practicing lawyers;

i/ Compliance with other regulations on lawyers and law practice.

3. For an independent law practitioner, the examination must focus on contents of his/her law practice registration certificate and compliance with regulations on lawyers and law practice and relevant regulations.

4. For a provincial-level Department of Justice, the examination must focus on the following major issues:

a/ Grant, modification or revocation of operation registration certificates of Vietnamese law-practicing organizations and foreign law-practicing organizations in Vietnam;

b/ Making of regular or extraordinary reports; making of book forms and archive of documents and papers in accordance with the Law on Lawyers and relevant regulations;

c/ Receipt and examination of dossiers of application for law practice certificates;

d/ Compliance with regulations on examination, inspection, handling of violations, and settlement of complaints and denunciations;

dd/ Implementation of measures to support the development of law practice;

e/ Compliance with other regulations on lawyers and law practice.

Article 20. Tasks and powers of examination teams

1. An examination team is composed of its head and members. The examination team head is a representative of the leadership of a state management agency in charge of lawyers and law practice. Examination team members include representatives of agencies and organizations related to the examination of law practice organization and activities.

2. An examination team head has the following tasks and powers:

a/ To direct the proper implementation of examination contents within the time limit stated in the examination decision;

b/ To report on extension of the examination time limit, when necessary, to the person having issued the examination decision;

c/ To request to-be-examined subjects to provide examination-related information and documents;

d/ To make an examination minutes and an examination report, and take responsibility for their accuracy, truthfulness and objectivity;

dd/ To make an administrative violation minutes, and sanction the administrative violation according to his/her competence or propose a competent person to decide on sanctioning of administrative violations in law practice organization and activities;

3. Examination team members shall perform their tasks as assigned by the team head and keep confidential information on to-be-examined subjects.

Article 21. Tasks and obligations of to-be-examined subjejcts

1. A to-be-examined subject has the following rights:

a/ To request examination team members and related agencies and organizations to keep his/her/its information confidential under regulations;

b/ To receive the examination minutes and request explanation about its contents;

c/ To reserve his/her/its opinions in the examination minutes;

d/ To reject examination when there is no examination decision; to refuse to provide information and documents unrelated to examination contents, unless otherwise provided by law;

dd/ To denounce acts of violation in the course of examination;

e/ To exercise other rights as provided by law.

2. A to-be-examined subject has the following obligations:

a/ To abide by the examination decision of a competent state agency;

b/ To fully prepare reports and books under this Circular; and other relevant dossiers and documents under regulations;

c/ To promptly, fully and accurately provide examination-related information and documents at the examination team’s request; to take responsibility before law for the accuracy and truthfulness of those information and documents;

d/ To sign the examination minutes after the examination is completed;

dd/ To abide by the examination team’s decision;

f/ To perform other obligations as prescribed by law.

Article 22. Examination order and procedures

1. To announce the examination decision when commencing the examination of law practice organization and activities.

2. To collate, examine and evaluate contents of reports and produced books, papers and documents under regulations.

3. To make a minutes of examination of law practice organization and activities after the examination is completed.

4. To handle according to competence or propose a competent authority to handle violations.

Chapter VI

REPORTING REGIME AND ENCLOSED PAPER FORMS

Article 23. Reporting regime

1. Annually, Vietnamese law-practicing organizations and independent law practitioners shall make and submit reports on their organization and operation to bar associations and provincial-level Departments of Justice of localities where law-practicing organizations are based or independent law practitioners have registered law practice. Foreign law-practicing organizations in Vietnam shall make and submit reports on their law practice organization and activities to the Ministry of Justice and provincial-level Departments of Justice of localities where they are based.

The deadline for sending annual reports of Vietnamese law-practicing organizations, independent law practitioners and foreign law-practicing organizations in Vietnam is the 5^th of the last month of the reporting period.

Biannually, Vietnamese law-practicing organizations shall update data on their organization and operation according to the form provided together with the Minister of Justice’s Circular No. 03/2019/TT-BTP of March 20, 2019, specifying a number of activities involved in statistical work of the justice sector; and irregularly report on their organization and operation at the request of the Ministry of Justice or provincial-level Departments of Justice.

2. Annual reports of lawyers’ socio-professional organizations must comply with Articles 22 and 25 of the Government’s Decree No. 123/2013/ND-CP of October 14, 2013, detailing a number of articles of, and measures to implement, the Law on Lawyers. The deadline for sending annual reports of bar associations and the Vietnam Bar Federation is the 10^th and 15^th of the last month of the reporting period, respectively.

3. Annually, provincial-level Departments of Justice shall make and submit reports on law practice organization and activities in their localities to the Ministry of Justice and provincial-level People’s Committees. The contents reported by provincial-level Departments of Justice to the Ministry of Justice must be included in their annual reports on results of justice work in accordance with the Minister of Justice’s Circular No. 12/2019/TT-BTP of December 31, 2019, on regular reporting regime under the management by the Ministry of Justice. 

Extraordinary reports on law practice organization and activities in localities shall be made at the request of the Ministry of Justice or provincial-level People’s Committees.

4. Forms of reports and period for cutting off data must comply with the Minister of Justice’s Circular No. 12/2019/TT-BTP of December 31, 2019, on regular reporting regime under the management by the Ministry of Justice. 

Article 24. Reporting contents

1. A report of a provincial-level Department of Justice must have the following principal contents:

a/ Summary of law practice organization and activities in the locality;

b/ Achievements, difficulties and problems and their causes in the development of the contingent of lawyers and law-practicing organizations; lawyers’ professional practice; performance of the state management of lawyers and law practice in the locality; evaluation of exercise of autonomy by the bar association; and building of Party organization in the bar association;

c/ Proposals and recommendations.

2. A report of a lawyers’ socio-professional organization must have the following principal contents:

a/ Summary of law practice organization and activities in the lawyers’ socio-professional organization;

b/ Achievements, difficulties and problems and their causes in the development of the contingent of lawyers and the law-practicing organization; lawyers’ professional practice; organization and operation of the bar association or the Vietnam Bar Federation; exercise of autonomy by the lawyers’ socio-professional organization; building of Party organization and admission of new Party members in the bar association or the Vietnam Bar Federation; and international cooperation of the lawyers’ socio-professional organization; 

c/ Proposals and recommendations.

3. A report of a Vietnamese law-practicing organization, an independent law practitioner or a foreign law-practicing organization in Vietnam must have the following principal contents:

a/ Summary of organization and operation of the law-practicing organization;

b/ Achievements, difficulties and problems and their causes;

c/ Proposals and recommendations.

Article 25. Obligations of law-practicing organizations, lawyers and lawyers’ socio-professional organizations in reporting and dossier and book making

1. Vietnamese law-practicing organizations, independent law practitioners and foreign law-practicing organizations in Vietnam shall fulfill the reporting obligation under Clause 8, Article 40 of the Law on Lawyers, Articles 23 and 24 of this Circular, and the Minister of Justice’s Circular No. 03/2019/TT-BTP of March 20, 2019, specifying a number of activities involved in statistical work of the justice sector.

Vietnamese law-practicing organizations shall make dossiers and books according to the forms provided in Clauses 35, 36, 37 and 38, Article 26 of this Circular, the laws on labor, taxes, finance, accounting and statistics, and relevant regulations.

Foreign law-practicing organizations in Vietnam shall make dossiers and books according to the forms provided in Clauses 35, 36 and 37, Article 26 of this Circular, the laws on labor, taxes, finance, accounting and statistics, and relevant regulations.

2. Lawyers’ socio-professional organizations shall fulfill the reporting obligation under Articles 23 and 24 of this Circular.

Lawyers’ socio-professional organizations shall make dossiers and books according to the forms provided in Clauses 35, 38, 39 and 40, Article 26 of this Circular and relevant regulations.

3. Law-practicing organizations and lawyers’ socio-professional organizations may make electronic books. At the end of a year, electronic books shall be printed, bound into volumes, and affixed with seals on adjoining pages in accordance with law. Reports, dossiers and books shall be archived in accordance with the law on archives.

Article 26. Paper and book forms

1. Application/request for grant or re-grant of law practice certificate (Form TP-LS-01);

2. Written request for operation registration of a lawyer office or single-member limited liability law firm (Form TP-LS-02);

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

4. Written request for operation registration of a branch of a law-practicing organization (Form TP-LS-04);

5. Application for law practice registration of an independent law practitioner (Form TP-LS-05);

6. Written request for change of operation registration contents of a law-practicing organization (Form TP-LS-06);

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

8. Operation registration certificate of a lawyer office or single-member limited liability law firm (Form TP-LS-08);

9. Operation registration certificate of a law partnership or limited liability law firm with two or more members (Form TP-LS-09);

10. Operation registration certificate of a branch of a law-practicing organization (Form TP-LS-10);

11. Law practice registration certificate of an independent law practitioner (Form TP-LS-11);

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

13. Application for establishment of a wholly foreign-owned limited liability law firm in Vietnam (Form TP-LS-13);

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

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

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

17. Written request for re-grant or change of contents of a license for establishment of a foreign law firm’s branch or foreign law firm (Form TP-LS-17);

18. Application for a foreign lawyer’s license for law practice in Vietnam (Form TP-LS-18);

19. Written request for re-grant or extension of a foreign lawyer’s license for practice in Vietnam (Form TP-LS-19);

20. Written request for operation registration of a branch of a foreign law firm in Vietnam (Form TP-LS-20);

21. Operation registration certificate of a branch of a foreign law-practicing organization in Vietnam (Form TP-LS-21);

22. Operation registration certificate of a wholly foreign-owned limited liability law firm in Vietnam (Form TP-LS-22);

23. Operation registration certificate of a limited liability law firm as a joint venture in Vietnam (Form TP-LS-23);

24. Operation registration certificate of a law partnership between a foreign law-practicing organization and a Vietnamese law partnership (Form TP-LS-24);

25. Operation registration certificate of a branch of a foreign law firm in Vietnam (Form TP-LS-25);

26. Written request for re-grant or change of contents of an operation registration certificate of a foreign law firm’s branch or foreign law firm (Form TP-LS-26);

27. Written request for recognition of overseas lawyer training (Form TP-LS-27);

28. Written request for consolidation or merger of Vietnamese law firms (Form TP-LS-28);

29. Written request for transformation of a Vietnamese law-practicing organization (Form TP-LS-29);

30. Written request for consolidation or merger of foreign law firms (Form TP-LS-30);

31. Written request for transformation of a branch of a foreign law-practicing organization into a wholly foreign-owned limited liability law firm in Vietnam (Form TP-LS-31);

32. Written request for transformation of a foreign law firm into a Vietnamese law firm (Form TP-LS-32);

33. Report on organization and operation of a Vietnamese law-practicing organization (Form TP-LS-33);

34. Report on organization and operation of a foreign law-practicing organization in Vietnam (Form TP-LS-34);

35. Incoming/outgoing correspondence record book (Form TP-LS-35);

36. Employment record book (Form TP-LS-36);

37. Legal service contract record book (Form TP-LS-37);

38. Record book on participation in proceedings for criminal cases at the request of proceeding-conducting bodies/pro-bono legal aid providers (Form TP-LS-38);

39. Record book on commendation, disciplining and violation handling (Form TP-LS-39);

40. Record book on complaints and denunciations and settlement thereof (Form TP-LS-40);

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

Chapter VII

IMPLEMENTATION PROVISIONS

Article 27. Effect

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

 2. The Minister of Justice’s Circular No. 17/2011/TT-BTP of October 14, 2011, guiding the Law on Lawyers and the Decree detailing and guiding a number of articles of the Law on Lawyers, and the Decree guiding the Law on Lawyers regarding lawyers’ socio-professional organizations, and the Minister of Justice’s Circular No. 02/2015/TT-BTP of January 16, 2015, providing paper forms regarding lawyers and law practice, cease to be effective on the effective date of this Circular.

Article 28. Organization of implementation

The Director of the Department of Judicial Support, and heads of units of the Ministry of Justice, directors of provincial-level Departments of Justice and related agencies, organizations and individuals shall implement this Circular.-

Minister of Justice
LE THANH LONG

* The appendices and forms to this Circular are not translated.

^[1] Công Báo Nos 1055-1056 (24/12/2021)