Circular 112/2025/ND-CP amend Decrees in the field of judicial support

DECREE

Amending and supplementing a number of articles of Decrees
in the field of judicial support

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Pursuant to the Law on Organization of the Government dated February 18, 2025;

Pursuant to the Law on Commercial Arbitration dated June 17, 2010;

Pursuant to the Law on Bankruptcy dated June 19, 2014;

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

At the request of Minister of Justice;

The Government promulgates the Decree amending and supplementing a number of articles of Decrees in the field of judicial support.

Article 1. Amending and supplementing a number of articles of the Government's Decree No. 63/2011/ND-CP dated July 28, 2011, detailing and guiding the implementation of a number of articles of the Law on Commercial Arbitration, which is amended and supplemented by the Government's Decree No. 124/2018/ND-CP dated September 19, 2018

1. To amend and supplement Article 5 as follows:

“Article 5. Submission of dossiers for administrative procedure performance in the electronic environment

1. An organization or individual shall prepare an electronic dossier and fill in electronic applications and declarations required by the online public service-providing system as follows:

a) Making applications and declarations by filling in electronic forms provided by the system; inserting its/his/her digital signature on electronic applications, declarations, papers and documents if required. The requirement for digital signatures must be made public before the organization or individual submits the electronic dossier. Digitally signed documents have the same legal validity as paper documents with valid signatures;

b) Loading valid electronic papers and documents or citing documents from its/his/her electronic data warehouse.

2. Organizations and individuals shall carry out administrative procedures on the National Public Service Portal through their electronic identification accounts created by the electronic identification and authentication system, which is connected and integrated on the National Public Service Portal.

3. Agencies implementing administrative procedures shall exploit information and data in the national databases, specialized databases, and information systems in accordance with law regulations and supplement papers and documents into the dossiers of individuals and organizations carrying out administrative procedures in the electronic environment, without requiring individuals and organizations to provide or present these papers and documents.”.

2. To amend and supplement Clause 1 Article 8 as follows:

“1. A dossier for operation registration of an arbitration center shall be submitted via postal service or directly to the Department of Justice of the province or centrally-run city where the arbitration center is headquartered, or online on the National Public Service Portal. An operation registration dossier includes:

a) An application for operation registration;

b) A copy accompanied by the original for comparison, or an electronic copy, or a certified electronic copy from the original, or a certified copy of the charter of the arbitration center.”.

3. To amend and supplement Clause 1 Article 10 as follows:

“1. Within 15 days from the date the decision on establishment of a branch is issued, the arbitration center shall send the dossier for registration of the branch’s operation via postal service or directly to the Department of Justice of the province or centrally-run city where the branch is headquartered, or online on the National Public Service Portal. An operation registration dossier includes:

a) An application for operation registration;

b) The original or an electronic copy of the arbitration center’s decision on establishment of a branch.”.

4. To amend and supplement Clause 3, Clause 4 and Clause 5 Article 11 as follows:

“3. Within 15 days after the document approving the modification of its license takes effect, the arbitration center must send an application for change to the content of the operation registration certificate via postal service or directly to the provincial-level Department of Justice where the arbitration center registers its operation, or online on the National Public Service Portal. Within 03 working days after receiving a dossier, the provincial-level Department of Justice shall decide the modification of the operation registration certificate of the center.

4. In case of changing the at-law representative or the head office within the same province or centrally run city, within 07 days from the date of change, the arbitration center shall carry out the change procedures prescribed in Clause 3 of this Article. Within 03 working days from the date the decision to change is issued for the arbitration center, the provincial-level Department of Justice shall send written notice to the Ministry of Justice.

In case of removal of its head office to another province or centrally run city, the arbitration center shall send a notice on such removal to the Department of Justice of the province or centrally run city where its head office is located and submit a written request for operation registration, accompanied by a copy (with the original for comparison), or an electronic copy, or an electronic copy from the original register, or an electronic copy certified from the original, or a certified copy of the center's establishment license via postal service or directly to the provincial-level Department of Justice of the locality where its new head office is located, or online on the National Public Service Portal.

Within 05 working days from the date of receiving a complete and valid dossier, the Department of Justice of the province or centrally run city where its new head office is located shall issue an operation registration certificate to the center; and send a notice to the Department of Justice of the province or centrally run city where the center’s former headquarters was located; in case of refusal, a written notification of the reason must be provided. A center having its request for grant of an operation registration certificate rejected may lodge a complaint or initiate a lawsuit in accordance with law.

From the time the center is granted an operation registration certificate by the Department of Justice of the province or centrally run city where its new head office is located, the operation registration certificate of the center issued by the Department of Justice of the province or centrally run city where the former head office was located shall no longer be legally valid. Within 03 working days from the date of receiving the notice on grant of an operation registration certificate to the center from the Department of Justice of the province or centrally run city where the center’s new head office is located, the Department of Justice of the province or centrally run city where the center’s former head office was located shall issue a decision on cancellation of the previously granted operation registration certificate and publish it on the Department of Justice’s website.

5. In case of changing the head of the branch or the head office of the branch within the same province or centrally run city, within 07 days from the date of deciding the change, the branch shall carry out the change procedures prescribed in Clause 3 of this Article.

In case of removal of its head office to another province or centrally run city, the branch shall send a notice on such removal to the provincial-level Department of Justice of the locality where its head office is located and submit a written request for operation registration, accompanied by a copy (with the original for comparison), or an electronic copy, or an electronic copy from the original register, or an electronic copy certified from the original, or a certified copy of the branch's operation registration paper via postal service or directly to the provincial-level Department of Justice of the locality where its new head office is located, or online on the National Public Service Portal.

Within 05 working days from the date of receiving a complete and valid dossier, the Department of Justice of the province or centrally run city where its new head office is located shall grant an operation registration certificate to the branch; and send a notice to the Department of Justice of the province or centrally run city where the branch’s former headquarters was located; in case of refusal, a written notification of the reason must be provided. A branch to which the request for grant of an operation registration certificate is denied may lodge a complaint or initiate a lawsuit in accordance with law regulations.

From the time the branch is granted an operation registration certificate by the Department of Justice of the province or centrally run city where its new head office is located, the operation registration certificate of the branch issued by the Department of Justice of the province or centrally run city where the former head office was located shall no longer be legally valid. Within 03 working days from the date of receiving the notice on grant of an operation registration certificate to the branch from the Department of Justice of the province or centrally run city where the branch’s new head office is located, the Department of Justice of the province or centrally run city where the branch’s former head office was located shall issue a decision on cancellation of the previously granted operation registration certificate and publish it on the Department of Justice’s website.”.

5. To amend and supplement Clause 1 Article 22 as follows:

“1. Within 60 days after being granted an establishment license, a branch of a foreign arbitration institution shall send the application for registration of the branch’s operation via postal service or directly to the Department of Justice of the province or centrally-run city where the branch is headquartered, or online on the National Public Service Portal.”.

6. To amend and supplement Clauses 2 and 3 Article 23 as follows:

“2. Within 15 days after receiving the document approving the modification of its establishment license, the Vietnam-based branch of a foreign arbitration institution must send an application for change to the content of the operation registration certificate via postal service or directly to the provincial-level Department of Justice where the branch’s head office is located, or online on the National Public Service Portal.

The provincial-level Department of Justice shall decide to change the contents of the branch's operation registration certificate.

3. In case of changing the head of the branch or the head office of the branch within the same province or centrally run city, the branch shall, within 7 days after deciding on the change, notify the change in writing to the competent agency of the locality that granted its establishment license and send an application for change to the content of the operation registration certificate via postal service or directly to the provincial-level Department of Justice of the locality where the branch’s head office is located, or online on the National Public Service Portal.

In case of removal of its head office to another province or centrally run city, the branch of a foreign arbitration institution shall send a notice on such removal via postal service or directly to the Department of Justice of the province or centrally run city where its head office is located and submit a written request for operation registration, accompanied by a copy (with the original for comparison), or an electronic copy, or an electronic copy from the original register, or an electronic copy certified from the original, or a certified copy of the branch's establishment license via postal service or directly to the Department of Justice of the province or centrally run city where its new head office is located, or online on the National Public Service Portal.

Within 05 working days from the date of receiving a complete and valid dossier, the Department of Justice of the province or centrally run city where its new head office is located shall grant an operation registration certificate to the branch; and send a notice to the Department of Justice of the province or centrally run city where the branch’s former headquarters was located; in case of refusal, a written notification of the reason must be provided. A branch to which the request for grant of an operation registration certificate is denied has the right to lodge a complaint or initiate a lawsuit in accordance with law regulations.

From the time the branch is granted an operation registration certificate by the Department of Justice of the province or centrally run city where its new head office is located, the operation registration certificate of the branch issued by the Department of Justice of the province or centrally run city where the branch’s former head office was located shall no longer be legally valid. Within 03 working days from the date of receiving the notice on grant of an operation registration certificate to the branch from the Department of Justice of the province or centrally run city where the branch’s new head office is located, the Department of Justice of the province or centrally run city where the branch’s former head office was located shall issue a decision on cancellation of the previously granted operation registration certificate and publish it on the Department of Justice’s website.”.

7. To repeal Clause 2 Article 22.

Article 2. Amending and supplementing a number of articles of the Government’s Decree No. 22/2017/ND-CP dated February 24, 2017, on commercial mediation

1. To add Article 6a after Article 6 as follows:

“Article 6a. Submission of dossiers for administrative procedure performance in the electronic environment

1. An organization or individual shall prepare an electronic dossier and fill in electronic applications and declarations required by the online public service-providing system as follows:

a) Making applications and declarations by filling in electronic forms provided by the system; inserting its/his/her digital signature on electronic applications, declarations, papers and documents if required. The requirement for digital signatures must be made public before the organization or individual submits the electronic dossier. Digitally signed documents have the same legal validity as paper documents with valid signatures;

b) Loading valid electronic papers and documents or citing documents from its/his/her electronic data warehouse.

2. Organizations and individuals shall carry out administrative procedures on the National Public Service Portal through their electronic identification accounts created by the electronic identification and authentication system, which is connected and integrated on the National Public Service Portal.

3. Agencies implementing administrative procedures shall exploit information and data in the national databases, specialized databases, and information systems in accordance with law regulations and supplement papers and documents into the dossiers of individuals and organizations carrying out administrative procedures in the electronic environment, without requiring individuals and organizations to provide or present these papers and documents.”.

2. To amend and supplement Clause 2 Article 8 as follows:

“2. An applicant for registration to be an ad hoc commercial mediator shall send a dossier via postal service or directly to the Department of Justice of the province or centrally-run city where the applicant permanently resides, or online through the National Public Service Portal. Such a dossier includes:

a) A written request for registration to be an ad hoc commercial mediator, made according to a form issued by the Ministry of Justice;

b) A copy with the original for comparison, or an electronic copy, or an electronic copy from the original register, or an electronic copy certified from the original, or a certified copy of the charter of his/her university or higher degree;

c) A copy with the original for comparison, or an electronic copy, or an electronic copy from the original register, or an electronic copy certified from the original, or a certified copy of papers proving his/her working experience of at least 2 years in the discipline he/she has studied, certified by his/her employer.

Papers issued by foreign agencies or organizations or notarized or certified in foreign countries must be consularly legalized in accordance with Vietnamese law, unless they are exempted from consular legalization under a treaty to which the Socialist Republic of Vietnam is a contracting party.”.

3. To amend and supplement Article 21 as follows:

“Article 21. Procedures for establishment of commercial mediation centers

1. A Vietnamese citizen who fully satisfies the criteria for a commercial mediator specified in Clause 1, Article 7 of this Decree and wishes to establish a commercial mediation center shall send a dossier via postal service or directly to the Department of Justice of the province or centrally-run city where the center is headquartered, or online through the National Public Service Portal. Such a dossier includes:

a) A written request for establishment of a commercial mediation center, made according to a form issued by the Ministry of Justice, accompanied by the list of the center’s founders;

b) A copy with the original for comparison, or an electronic copy, or an electronic copy from the original register, or an electronic copy certified from the original, or a certified copy of papers proving the founders’ full satisfaction of the criteria for a commercial mediator specified in Clause 1, Article 7 of this Decree;

c) The draft Mediation Rule of the center.

The contents of the center’s Mediation Rule must not contravene law.

2. Within 15 days from the date of receiving a valid dossier, the provincial-level Department of Justice shall appraise and submit it to the Chairperson of People's Committee of the province or centrally-run city for consideration and grant of an establishment license to the commercial mediation center. Within 05 working days from the date the provincial-level Department of Justice submits the dossier, the Chairperson of People's Committee of the province or centrally-run city shall consider and grant an establishment license to the commercial mediation center. The applicant shall receive the results at the Department of Justice where the applicant’s dossier is submitted. In case of refusal, the Chairperson of People's Committee of the province or centrally-run city shall reply in writing to the applicant, clearly stating the reason. A person having his/her request for establishment of a commercial mediation center rejected may lodge a complaint or initiate a lawsuit in accordance with law.”.

4. To amend and supplement Clause 1 Article 22 as follows:

“1. Within 30 days from the effective date of the decision on grant of its establishment license, a commercial mediation center shall send a written request for operation registration, made using the form issued by the Ministry of Justice via postal service or directly to the Department of Justice of the province or centrally-run city where the center is headquartered, or online on the National Public Service Portal. Past this time limit, if the center fails to register its operation, its establishment license shall be invalidated, unless it has a plausible reason.”.

5. To amend and supplement Clause 1 Article 23 as follows:

“1. An arbitration center which has been licensed and registered under the law on commercial arbitration that wishes to carry out commercial mediation activities shall send a dossier via postal service or directly to the Department of Justice of the province or centrally-run city where the center is headquartered, or online on the National Public Service Portal. Such a dossier must comprise:

a) A written request for addition of commercial mediation activities, made according to a form issued by the Ministry of Justice;

b) The draft Mediation Rule of the center.

Within 07 days from the date of receiving a valid dossier, the provincial-level Department of Justice shall appraise and submit it to the Chairperson of People's Committee of the province or centrally-run city for consideration and decision of addition of commercial mediation activities for the arbitration center. Within 03 working days from the date the Department of Justice submits the dossier, the Chairperson of People's Committee of the province or centrally-run city shall consider and decide the addition of commercial mediation activities for the arbitration center. The applicant shall receive the results at the Department of Justice where the applicant’s dossier is submitted. In case of refusal, the Chairperson of People's Committee of the province or centrally-run city shall reply in writing to the applicant, clearly stating the reason. The arbitration center shall register the change of contents of its operation registration certificate with the provincial-level Department of Justice of the locality where it has registered its operation.”.

6. To amend and supplement Clause 3 Article 25 as follows:

“3. Within 15 days from the date the decision on establishment of a branch is issued, the commercial mediation center shall send the dossier for registration of the branch’s operation via postal service or directly to the Department of Justice of the province or centrally-run city where the branch is headquartered, or online on the National Public Service Portal. An operation registration dossier includes:

a) A written request for registration of a branch’s operation, made according to a form issued by the Ministry of Justice;

b) A copy accompanied by the original for comparison, or an electronic copy, or a certified electronic copy from the original, or a certified copy of the branch’s establishment decision issued by the commercial mediation center.

Within 05 working days after receiving a valid dossier, the provincial-level Department of Justice shall grant an operation registration certificate to the branch. The provincial-level Department of Justice shall send a copy of such operation registration certificate to the Ministry of Justice.”.

7. To amend and supplement Article 26 as follows:

“Article 26. Change of names or head-office addresses of commercial mediation centers

1. In case of changing its name, a commercial mediation center shall send a written request for such change, made using the form issued by the Ministry of Justice via postal service or directly to the Department of Justice of the province or centrally-run city where the center is headquartered or online on the National Public Service Portal.

Within 07 days from the date of receiving a valid dossier, the provincial-level Department of Justice shall appraise and submit it to the Chairperson of People's Committee of the province or centrally-run city for consideration and issuance of a written approval of the change. Within 03 working days from the date the provincial-level Department of Justice submits the dossier, the Chairperson of People's Committee of the province or centrally-run city shall consider and grant a written approval of the change. The applicant shall receive the results at the Department of Justice where the applicant’s dossier is submitted. In case of refusal, the Chairperson of People's Committee of the province or centrally-run city shall reply in writing, clearly stating the reason.

Within 15 days from the effective date of written approval of the change of the name of a commercial mediation center by the Chairperson of People's Committee of the province or centrally-run city, the center shall send a written request for change of its name in its operation registration certificate to the provincial-level Department of Justice of the locality where it has registered its operation or online on the National Public Service Portal. Within 5 working days after receiving the center’s written request, the provincial-level Department of Justice shall decide to change the name of the center in its operation registration certificate.

2. In case of removal of its head office to another province or centrally run city, the commercial mediation center shall send a notice on such removal to the Department of Justice of the province or centrally run city where its head office is located and submit a written request for establishment, accompanied by a copy (with the original for comparison), or an electronic copy, or an electronic copy from the original register, or an electronic copy certified from the original, or a certified copy of the center's establishment license via postal service or directly to the provincial-level Department of Justice of the locality where its new head office is located, or online on the National Public Service Portal.

Within 03 working days from the date of receiving a complete and valid dossier, the provincial-level Department of Justice shall appraise and submit it to the Chairperson of People's Committee of the province or centrally-run city where the center’s new head office is located for grant of an establishment license to the center. Within 02 working days from the date the provincial-level Department of Justice submits the dossier, the Chairperson of People's Committee of the province or centrally-run city where the center’s new head office is located shall grant an establishment license to the center. The applicant shall receive the results at the Department of Justice where the applicant’s dossier is submitted. In case of refusal, the Chairperson of People's Committee of the province or centrally-run city shall reply in writing to the applicant, clearly stating the reason. The center having its request for grant of an establishment license rejected may lodge a complaint or initiate a lawsuit in accordance with law.

From the time the center is granted an establishment license by the Chairperson of People's Committee of the province or centrally-run city where its new head office is located, the center's previously issued establishment license shall no longer be legally valid. Within 03 working days from the date of receiving the notice on grant of an establishment license to the center from the Chairperson of People's Committee of the province or centrally run city where the center’s new head office is located, the provincial-level Department of Justice of the locality where the center’s former head office was located shall submit the Chairperson of People's Committee of the province or centrally run city where the center’s former head office is located for issuance of a decision on cancellation of the granted establishment license and publish it on the People's Committee’s website. The provincial-level Department of Justice of the locality where the center’s former head office was located shall issue a decision on cancellation of the granted operation registration certificate and publish it on the Department of Justice’s website. The procedure for operation registration of the center shall comply with Article 22 of this Decree.

3. In case a commercial mediation center changes its head-office address within a province or centrally run city, within 7 days from the date of the change, the center shall send a written notice thereof to the provincial-level Department of Justice of the locality where it has registered its operation.”.

8. To amend and supplement Article 27 as follows:

“Article 27. Re-grant of establishment licenses or operation registration certificates of commercial mediation centers or operation registration certificates of branches of commercial mediation centers

1. In case the establishment license of a commercial mediation center is lost, burnt, torn or rumpled or otherwise destroyed, the center shall send a written request for re-grant of an establishment license via postal service or directly to the Department of Justice of the province or centrally-run city where its head office is located or online through the National Public Service Portal for re-grant.

Within 07 days from the date of receiving a valid dossier, the provincial-level Department of Justice shall appraise and submit it to the Chairperson of People's Committee of the province or centrally-run city for re-grant of an establishment license to the commercial mediation center.

2. In case the operation registration certificate of a commercial mediation center or a branch of a commercial mediation center is lost, burnt, torn or rumpled or otherwise destroyed, the center or branch shall send a written request for re-grant of an operation registration certificate via postal service or directly to the Department of Justice of the province or centrally-run city where it registers its operation or online through the National Public Service Portal for re-grant.

Within 5 working days after receiving a valid dossier, the provincial-level Department of Justice shall re-grant an operation registration certificate to the commercial mediation center or branch.”.

9. To amend and supplement Clauses 2 and 3 Article 30 as follows:

“2. An organization or individual that detects a commercial mediation center falling into any of the cases subject to revocation of establishment license shall notify such to the provincial-level Department of Justice of the locality where the center registers its operation. The provincial-level Department of Justice shall verity the notified information. If finding that the center falls into any of the cases subject to revocation of establishment license specified in Clause 1 of this Article, the provincial-level Department of Justice shall send a written request enclosed with relevant papers (if any) to the Chairperson of People's Committee of the province or centrally-run city where the center's head office is located for revocation of the establishment license, stating the reason.

3. Within 15 days from the date of receiving the Department of Justice’s written request, the Chairperson of People's Committee of the province or centrally-run city shall consider and decide the revocation of such establishment license.

Within 7 working days from the effective date of the decision on revocation of the establishment license by the Chairperson of People's Committee of the province or centrally-run city where the center's head office is located, the provincial-level Department of Justice that has granted the operation registration certificate to the commercial mediation center shall issue a decision on revocation of such operation registration certificate.”.

10. To amend and supplement a number of points and clauses of Article 31 as follows:

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

“2. In case of operation termination under Point a Clause 1 of this Article, at least 30 days before the date of operation termination, a commercial mediation center shall send a written notice thereof to the provincial-level Department of Justice of the locality where it has registered its operation.

Within 60 days after deciding to terminate operation, the commercial mediation center shall pay off all debts and other asset liabilities, liquidate contracts and fulfill the cases it has accepted, unless otherwise agreed upon.

3. Within 10 days after completing the activities specified in Clause 2 of this Article, the commercial mediation center shall send a written report thereon via postal service or directly to the provincial-level Department of Justice of the locality where it has registered its operation or online through the National Public Service Portal. Within 07 days from the date of receiving the center’s written report, the provincial-level Department of Justice shall submit it to the Chairperson of People's Committee of the province or centrally-run city for decision on revocation of such establishment license. Within 5 working days from the effective date of the decision on revocation of the establishment license by the Chairperson of provincial-level People's Committee, the provincial-level Department of Justice shall decide to revoke the operation registration certificate of the center.

4. In case of operation termination under Point b, Clause 1 of this Article, within 60 days from the effective date of the decision on revocation of the establishment license of a commercial mediation center by the Chairperson of provincial-level People's Committee, the center shall pay off all debts and other asset liabilities, liquidate contracts and fulfill all the cases it has accepted, unless otherwise agreed upon.”.

b) To amend and supplement Point c Clause 5 as follows:

“c) The arbitration center does not carry out any commercial mediation activity within 5 years from the effective date of the decision on addition of commercial mediation activities by the Chairperson of provincial-level People's Committee;”;

c) To amend and supplement Clause 7 as follows:

“7. In case an arbitration center terminates the commercial mediation activities under Point c or d, Clause 5 of this Article, the provincial-level Department of Justice shall submit a written document to revoke the decision on addition of commercial mediation activities for the center to the Chairperson of provincial-level People's Committee. Within 10 days from the effective date of such document, the arbitration center shall register the change of contents of its operation registration certificate with the provincial-level Department of Justice of the locality where it has registered its operation. The order and procedures for the change of contents of operation registration certificates must comply with the law on commercial arbitration. The payment of the center’s obligations must comply with Clause 4 of this Article.”.

11. To amend and supplement Article 36 as follows:

“Article 36. Grant of licenses for establishment of Vietnam-based branches or representative offices of foreign commercial mediation institutions

1. A foreign commercial mediation institution that wishes to establish a Vietnam-based branch or representative office shall send a dossier via postal service or directly to the provincial-level Department of Justice of the locality where its branch or representative office is located or online on the National Public Service Portal. Such a dossier must comprise:

a) A written request for establishment of a branch or representative office, made according to a form issued by the Ministry of Justice;

b) A copy with the original for comparison, or an electronic copy, or an electronic copy from the original register, or an electronic copy certified from the original, or a certified copy of the paper proving the lawful establishment of the institution, issued by a competent foreign agency or organization;

c) The original or an electronic copy of the written introduction of the institution’s operation;

d) The original or an electronic copy of the decision appointing a commercial mediator to be the head of the branch or representative office.

2. Foreign-language papers accompanying the written request for establishment of a branch or representative office must have Vietnamese translations which are certified in accordance with Vietnamese law.

Papers issued by foreign agencies or organizations or notarized or certified overseas must be consularly legalized under the Vietnamese law, except cases exempt from consular legalization under treaties to which the Socialist Republic of Vietnam is a contracting party.

3. Within 15 days from the date of receiving a valid dossier, the provincial-level Department of Justice shall appraise and submit it to the Chairperson of People's Committee of the province or centrally-run city for consideration and grant of an establishment license to the branch or representative office. Within 05 working days from the date the provincial-level Department of Justice submits the dossier, the Chairperson of People's Committee of the province or centrally-run city shall consider and grant an establishment license to the branch or representative office. The applicant shall receive the results at the Department of Justice where the applicant’s dossier is submitted. In case of refusal, the Chairperson of People's Committee of the province or centrally-run city shall reply in writing, clearly stating the reason.”.

12. To amend and supplement Clause 1 Article 37 as follows:

“1. Within 60 days from the effective date of the decision on grant of its establishment license, the branch shall send a written request for operation registration, made using the form issued by the Ministry of Justice via postal service or directly to the Department of Justice of the province or centrally-run city where the branch’s office is located, or online on the National Public Service Portal. Past this time limit, if the branch fails to register operation, its establishment license shall be invalidated, unless it has a plausible reason.”.

13. To amend and supplement Article 38 as follows:

“Article 38. Change of names, heads of branches, or addresses of Vietnam-based branches or representative offices of foreign commercial mediation institutions

1. In case of changing its name, the head of a branch, branch of a foreign commercial mediation institution in Vietnam shall send a written request for such change, made using the form issued by the Ministry of Justice via postal service or directly to the Department of Justice of the province or centrally-run city where the branch’s office is located or online on the National Public Service Portal.

Within 10 days from the date of receiving a valid dossier, the provincial-level Department of Justice shall appraise and submit it to the Chairperson of People's Committee of the province or centrally-run city for issuance of a written approval of the change; in case of refusal, it shall notify the reason in writing.

Within 15 days from the effective date of written approval of the change of its name by the Chairperson of provincial-level People's Committee, the branch shall send a written request for change of its name in its operation registration certificate via postal service or directly to the Department of Justice of the province or centrally-run city where it has registered its operation or online on the National Public Service Portal. Within 5 working days after receiving the branch’s written request, the provincial-level Department of Justice shall decide to change the name of the branch in its operation registration certificate.

2. In case of removal of its head office to another province or centrally run city, the Vietnam-based branch of the foreign commercial mediation institution shall send a notice on such removal to the provincial-level Department of Justice of the locality where its head office is located and submit a written request for establishment, accompanied by a copy (with the original for comparison), or an electronic copy, or an electronic copy from the original register, or an electronic copy certified from the original, or a certified copy of the branch's establishment license via postal service or directly to the provincial-level Department of Justice of the locality where its new head office is located, or online on the National Public Service Portal.

Within 05 working days from the date of receiving a complete and valid dossier, the provincial-level Department of Justice shall appraise and submit it to the Chairperson of People's Committee of the province or centrally-run city where the branch’s new head office is located for grant of an establishment license; send the notice to the Department of Justice of the province or centrally-run city where the branch’s former head office was located; in case of refusal, a written notification of the reason must be provided. A branch having its request for grant of an establishment license rejected may lodge a complaint or initiate a lawsuit in accordance with law.

From the time the branch is granted an establishment license by the Chairperson of People's Committee of the province or centrally-run city where its new head office is located, the branch's previously issued establishment license shall no longer be legally valid. Within 03 working days from the date of receiving the notice on grant of an establishment license to the branch from the People's Committee of the province or centrally run city where the branch’s new head office is located, the provincial-level Department of Justice of the locality where the branch’s former head office was located shall submit the Chairperson of provincial-level People's Committee for issuance of a decision on cancellation of the previously granted establishment license and publish it on the website of People's Committee of the province or centrally run city. The provincial-level Department of Justice of the locality where the branch’s former head office was located shall issue a decision on cancellation of the granted operation registration certificate and publish it on the Department of Justice’s website.

3. In case the branch of a foreign commercial mediation institution changes its head-office address within a province or centrally run city, within 7 days from the date of the change, the center shall send a written notice thereof to the provincial-level Department of Justice of the locality where it has registered its operation.

4. A representative office that wishes to change its name or head or change its head-office address from a province or centrally run city to another shall, within 7 days after deciding on the change, send a written notice thereof to the provincial-level Department of Justice of the locality where its head office is located.”.

14. To amend and supplement Article 39 as follows:

“Article 39. Re-grant of establishment licenses or operation registration certificates of branches or establishment licenses of representative offices of foreign commercial mediation institutions in Vietnam

1. In case the establishment license of a Vietnam-based branch or representative office of a foreign commercial mediation institution is lost, burnt, torn or rumpled or otherwise destroyed, the branch or representative office shall send a written request for re-grant of an establishment license via postal service or directly to the Department of Justice of the province or centrally-run city where its head office is located or online on the National Public Service Portal for re-grant.

Within 07 days from the date of receiving a valid dossier, the provincial-level Department of Justice shall appraise and submit it to the Chairperson of People's Committee of the province or centrally-run city for re-grant of an establishment license to the branch or representative office.

2. In case the operation registration certificate of the Vietnam-based branch of a foreign commercial mediation institution is lost, burnt, torn or rumpled or otherwise destroyed, the branch shall send a written request for re-grant of an operation registration certificate via postal service or directly to the provincial-level Department of Justice of the locality where it registers its operation or online through the National Public Service Portal for re-grant.

Within 5 working days after receiving the written request, the provincial-level Department of Justice shall re-grant an operation registration certificate to the branch.”.

15. To amend and supplement Clause 3, Clause 4 and Clause 5 Article 40 as follows:

“3. An organization or individual that detects a branch or representative office falling into any of the cases subject to revocation of establishment license shall notify such to the provincial-level Department of Justice of the locality where is head office is located. The provincial-level Department of Justice shall verity the notified information.

If having grounds to believe that the branch or representative office falls into the case specified in Clause 1 or 2 of this Article, the provincial-level Department of Justice shall send a written request enclosed with relevant papers (if any) to the Chairperson of People's Committee of the province or centrally-run city for revocation of its establishment license, stating the reason.

4. Within 15 days after receiving the written request from the provincial-level Department of Justice, the Chairperson of People's Committee of the province or centrally-run city shall consider and decide to revoke the branch’s or representative office’s establishment license.

5. Within 15 days from the effective date of the decision on revocation of the establishment license of the Vietnam-based branch of a foreign commercial mediation institution by the Chairperson of People's Committee of the province or centrally-run city, the provincial-level Department of Justice of the locality where such branch has registered its operation shall issue a decision to revoke its operation registration certificate.”.

16. To amend and supplement Clause 2, Clause 3 and Clause 4 Article 41 as follows:

“2. In case of operation termination under Point a or b, Clause 1 of this Article, at least 30 days before the date of operation termination, the branch or representative office shall send a written notice thereof to the provincial-level Department of Justice of the locality where its head office is located.

Within 60 days from the date of operation termination, the branch or representative office shall pay off all debts and asset liabilities; liquidate labor contracts; and fulfill all cases it has accepted, unless otherwise agreed upon.

3. Within 10 days after completing the activities specified in Clause 2 of this Article, the branch or representative office shall send a written report thereon via postal service or directly to the provincial-level Department of Justice of the locality where its head office is located or online through the National Public Service Portal.

Within 7 days after receiving such report, the provincial-level Department of Justice shall submit it to the Chairperson of People's Committee of the province or centrally-run city for consideration and decision on the revocation of the establishment license of the branch or representative office; the provincial-level Department of Justice shall decide to revoke its operation registration certificate.

4. In case of operation termination under Point c, Clause 1 of this Article, within 60 days from the effective date of the decision on revocation of its establishment license by the Chairperson of People's Committee of the province or centrally-run city, the branch or representative office shall pay off all debts and asset liabilities, liquidate labor contracts, and fulfill all cases it has accepted, unless otherwise agreed upon.”.

17. To amend and supplement Clause 2, to add Clause 2a after Clause 2 Article 42 as follows:

a) To amend and supplement Clause 2 as follows:

“2. People’s Committees of provinces and centrally-run cities shall perform the state management of commercial mediation operation in the localities, and have the following tasks and powers:

a) To grant and revoke establishment licenses of commercial mediation centers; to grant and revoke establishment licenses of Vietnam-based branches or representative offices of foreign commercial mediation institutions; to approve the change of contents of establishment licenses of commercial mediation centers; to approve the change of contents of establishment licenses of Vietnam-based branches of foreign commercial mediation institutions; to add commercial mediation activities for arbitration centers;

b) To propagate and disseminate laws and provide professional guidance on commercial mediation;

c) To examine and inspect, settle complaints and denunciations, and handle violations related to commercial mediation activities in the localities according to their competence;

d) To report on commercial mediation activities in the localities to the Ministry of Justice on an annual basis and upon request;

dd) To perform other tasks and exercise other powers as authorized by the Minister of Justice in accordance with this Decree and relevant laws.”.

b) To add Clause 2a after Clause 2 as follows:

“2a. Provincial-level Departments of Justice shall assist provincial-level People’s Committees in performing the state management of commercial mediation operation in the localities, and have the following tasks and powers:

a) To register operation of commercial mediation centers and register the change of contents of their operation registration certificates; to register the change of contents of operation registration certificates of arbitration centers; to register operation of branches of commercial mediation centers or Vietnam-based branches of foreign commercial mediation institutions and register the change of contents of their operation registration certificates; to revoke operation registration certificates of commercial mediation centers or their branches; to revoke operation registration certificates of Vietnam-based branches of foreign commercial mediation institutions;

b) To register and make lists of ad hoc commercial mediators, and remove names of ad hoc commercial mediators from such lists;

c) To update and publicize lists of ad hoc commercial mediators and commercial mediation institutions on their websites and send them to the Ministry of Justice for synthesis and announcement; to review, compile statistics of, and report on annual data on commercial mediators in the localities;

d) To examine and inspect, settle complaints and denunciations, and handle violations related to commercial mediation activities in the localities according to their competence;

dd) To report on commercial mediation activities in the localities to provincial-level People’s Committees and the Ministry of Justice on an annual basis and upon request;

e) To perform other tasks and exercise other powers under decisions of Chairpersons of provincial-level People’s Committee in accordance with this Decree and relevant laws.”.

18. To repeal Clause 2 Article 22, Clause 2 Article 37, Point b Clause 1 Article 42.

Article 3. Amending and supplementing a number of articles of the Government’s Decree No. 22/2015/ND-CP dated February 16, 2015, detailing a number of articles of the Law on Bankruptcy regarding asset management officers and asset management and liquidation practice

1. To add Article 3a after Article 3 as follows:

“Article 3a. Submission of dossiers for administrative procedure performance in the electronic environment

1. An organization or individual shall prepare an electronic dossier and fill in electronic applications and declarations required by the online public service-providing system as follows:

a) Making applications and declarations by filling in electronic forms provided by the system; inserting its/his/her digital signature on electronic applications, declarations, papers and documents if required. The requirement for digital signatures must be made public before the organization or individual submits the electronic dossier. Digitally signed documents have the same legal validity as paper documents with valid signatures;

b) Loading valid electronic papers and documents or citing documents from its/his/her electronic data warehouse.

2. Organizations and individuals shall carry out administrative procedures on the National Public Service Portal through their electronic identification accounts created by the electronic identification and authentication system, which is connected and integrated on the National Public Service Portal.

3. Agencies implementing administrative procedures shall exploit information and data in the national databases, specialized databases, and information systems in accordance with law regulations and supplement papers and documents into the dossiers of individuals and organizations carrying out administrative procedures in the electronic environment, without requiring individuals and organizations to provide or present these papers and documents.”.

2. To amend and supplement Article 4 as follows:

“Article 4. Grant of asset management officer practice certificate

1. Persons specified in Clause 1, Article 12 of the Law on Bankruptcy and wishing to practice asset management and liquidation shall request for grant of asset management officer practice certificates. A dossier must comprise:

a) An application for an asset management officer practice certificate, made using the form TP-QTV- 01 issued together with this Decree;

b) A copy with the original for comparison, or an electronic copy, or an electronic copy from the original register, or an electronic copy certified from the original, or a certified copy of the lawyer card, for lawyers; such a copy of the auditor certificate, for auditors; or such a copy of the bachelor degree, for law, economics, accounting, finance or banking bachelors;

c) A copy with the original for comparison, or an electronic copy, or an electronic copy from the original register, or an electronic copy certified from the original, or a certified copy of a document proving the applicant’s at least 5 years’ experience in the trained field, with certification by the agency or organization where the applicant being a law, economics, accounting, finance or banking bachelor works;

d) Two color photos of 3 cm x 4 cm size that are taken within no more than six (06) months prior to the date of dossier submission.

In the process of appraising the dossier for grant of an asset management officer practice certificate, in case of necessity, the agency competent to grant the asset management officer practice certificate may request the agency issuing judicial record cards to issue a judicial record card No. 1 of the applicant for the asset management officer practice certificate in accordance with the law on judicial records.

2. Foreign lawyers having licenses for practicing law in Vietnam granted in accordance with the law on lawyers or foreign auditors as prescribed by the law on audit who wish to practice asset management and liquidation shall make dossiers of request for grant of asset management officer practice certificates. A dossier must comprise:

a) An application for an asset management officer practice certificate, made using the form TP-QTV- 02 issued together with this Decree;

b) A copy with the original for comparison, or an electronic copy, or an electronic copy from the original register, or an electronic copy certified from the original, or a certified copy of license for practicing law in Vietnam granted by the Ministry of Justice, for foreign lawyers; or such a copy of the auditor certificate granted by the Ministry of Finance, for foreign auditors;

c) A resume (self-declared) or its electronic copy;

d) Two color photos of 3 cm x 4 cm size that are taken within no more than six (06) months prior to the date of dossier submission.

3. An applicant for an asset management officer practice certificate must submit a dossier via postal service or directly to the Department of Justice of the province or centrally-run city where the applicant permanently resides, or online through the National Public Service Portal, and pay a fee prescribed by law.

Within 07 days from the date of receiving a complete and valid dossier, the Department of Justice shall appraise and submit it to the Chairperson of People's Committee of the province or centrally-run city where the applicant permanently resides for issuance of an asset management officer practice certificate to the applicant, using Form TP-QTV-08 issued together with this Decree. Within 03 working days from the date the Department of Justice submits the dossier, the Chairperson of People's Committee of the province or centrally-run city where the applicant permanently resides shall issue an asset management officer practice certificate to the applicant. The applicant shall receive the results at the Department of Justice where the applicant’s dossier is submitted. In case of refusal, the Chairperson of People's Committee of the province or centrally-run city shall reply in writing to the applicant, clearly stating the reason. An applicant having the request for grant of an asset management officer practice certificate is rejected may lodge a complaint or institute a lawsuit in accordance with law.”.

3. To amend and supplement Clause 3 Article 5 as follows:

“3. An applicant for re-grant of an asset management officer practice certificate must submit a dossier via postal service or directly to the Department of Justice of the province or centrally-run city that has granted the certificate, or online through the National Public Service Portal, and pay a fee prescribed by law. Within 05 working days from the date of receiving a complete and valid dossier, the Department of Justice shall appraise and submit it to the Chairperson of People's Committee of the province or centrally-run city for consideration and re-grant of an asset management officer practice certificate to the applicant. Within 02 working days from the date the Department of Justice submits the dossier, the Chairperson of People's Committee of the province or centrally-run city shall consider and re-grant an asset management officer practice certificate to the applicant.”.

4. To amend and supplement Clause 1, Clause 2 and Clause 3 Article 6 as follows:

“1. The Chairperson of the People’s Committee of the province or centrally run city that has granted the asset management officer practice certificate shall decide to revoke such certificate if the holder falls into one of the cases specified in Clause 1 Article 15 of the Law on Bankruptcy.

2. When detecting or having grounds to believe that an asset management officer practice certificate holder falls into one of the cases specified in Clause 1, Article 15 of the Law on Bankruptcy, an individual, agency or organization may send a written request on revocation of asset management officer practice certificate to the Department of Justice of the province or centrally-run city that has granted the certificate.

3. Within 20 days from the date of receipt of the written request for revocation of asset management officer practice certificate, the Department of Justice that has granted the certificate shall consider and verify the case, and request in writing the Chairperson of People’s Committee of the province or centrally run city to revoke the certificate of the concerned individual. Persons whose asset management officer practice certificates are revoked may lodge complaints or institute lawsuits in accordance with law.

A decision on revocation of an asset management officer practice certificate shall be sent to the person whose certificate is revoked, the people’s court of the province or centrally-run city where the asset management officer practices as an individual practitioner or the headquarters of asset management and liquidation firm where the person whose practice certificate is revoked works is located, and published on the website of People’s Committee of the province or centrally run city that revokes the certificate.”.

5. To amend and supplement Clauses 1 and 2 Article 9 as follows:

“1. Asset management officer practice certificate holders shall register to practice as individual practitioners with Departments of Justice of provinces or centrally-run cities where they permanently reside.

2. The applicant for registration of asset management and liquidation practice as an individual practitioner shall submit a written request for registration of asset management and liquidation practice as an individual practitioner, made using Form TP-QTV-04 issued together with this Decree, either by postal service or directly to the Department of Justice of the locality where the applicant permanently resides, or online through the National Public Service Portal, and shall pay the practice registration fee in accordance with the law.

In the process of appraising the dossier of registration of asset management and liquidation practice as an individual practitioner, in case of necessity, the agency competent handle the registration may request the agency issuing judicial record cards to issue a judicial record card No. 1 of the applicant for registration of asset management and liquidation practice as an individual practitioner in accordance with the law on judicial records.”.

6. To amend and supplement Clause 2 Article 12 as follows:

“2. An asset management and liquidation firm shall send a dossier for registration of asset management and liquidation practice via postal service or directly to the Department of Justice of the province or centrally-run city where the enterprise is headquartered or online through the National Public Service Portal, and pay the practice registration fee in accordance with law. Such a dossier must comprise:

a) A written request for registration of asset management and liquidation practice, made according to form TP-QTV-05 issued together this Decree;

b) A copy accompanied by the original for comparison, or an electronic copy, or a certified electronic copy from the original, or a certified copy of the enterprise registration certificate.

In the process of appraising the dossier of registration of asset management and liquidation practice for enterprise, in case of necessity, the agency competent handle the registration may request the agency issuing judicial record cards to issue a judicial record card No. 1 of the general partners and general director or director of the partnership, other persons practicing asset management and liquidation in the partnership (if any); the owner of the private enterprise, other persons practicing asset management and liquidation in the private enterprise (if any) in accordance with the law on judicial records.”.

7. To amend and supplement Clauses 1 and 2 Article 15 as follows:

“1. When there is a change in his/her transaction address stated in the dossier for asset management and liquidation practice registration, an asset management officer practicing as an individual practitioner shall, within 7 days after such change occurs, send a written request for modification of the asset management and liquidation practice registration information via postal service or directly to the provincial-level Department of Justice with which he/she has registered the practice or online through the National Public Service Portal.

Within 3 working days after receiving the written request for modification, the provincial-level Department of Justice shall modify the information on the transaction address of the asset management officer in the list of asset management officers and asset management and liquidation firms.

2. When there is a change in the name, head-office address, representative office, branch, at-law representative or list of asset management officers practicing in an asset management and liquidation firm, such firm shall, within 7 days after such change is made in the enterprise registration dossier in accordance with the law on enterprises, send a written request for modification of asset management and liquidation practice registration information via postal service or directly to the provincial-level Department of Justice with which it has registered the practice or online through the National Public Service Portal.

Within 3 working days after receiving the written request for modification, the provincial-level Department of Justice shall modify the information on name, head-office address, representative office, branch, at-law representative or list of asset management officers practicing in the firm in the list of asset management officers and asset management and liquidation firms.

In case the asset management and liquidation firm employs a new practicing asset management officer, it shall register such asset management officer’s practice. The order and procedures for practice registration for those added in the list of practicing asset management officers must comply with Clauses 2 and 3, Article 12 of this Decree.”.

8. To add Point a1 after Point a, Clause 1, and amend and supplement Point c, Clause 2, Article 24 as follows:

a) To add Point a1 after Point a, Clause 1 as follows:

“a1) To grant, revoke and re-grant asset management officer practice certificates;”.

b) To amend and supplement Point c Clause 2 as follows:

“c) To review, make and report on statistics on asset management officers, asset management and liquidation firms and asset management and liquidation practice in their localities; to screen to detect cases subject to revocation of asset management officer practice certificates in their localities under regulations;”.

9. To replace a number of forms as follows:

a) To replace the Form TP-QTV-01 issued together with the Government’s Decree No. 22/2015/ND-CP dated February 16, 2015, detailing a number of articles of the Law on Bankruptcy regarding asset management officers and asset management and liquidation practice with the Form TP-QTV-01 issued together with this Decree;

b) To replace the Form TP-QTV-02 issued together with the Government’s Decree No. 22/2015/ND-CP dated February 16, 2015, detailing a number of articles of the Law on Bankruptcy regarding asset management officers and asset management and liquidation practice with the Form TP-QTV-02 issued together with this Decree;

c) To replace the Form TP-QTV-03 issued together with the Government’s Decree No. 22/2015/ND-CP dated February 16, 2015, detailing a number of articles of the Law on Bankruptcy regarding asset management officers and asset management and liquidation practice with the Form TP-QTV-03 issued together with this Decree;

d) To replace the Form TP-QTV-04 issued together with the Government’s Decree No. 22/2015/ND-CP dated February 16, 2015, detailing a number of articles of the Law on Bankruptcy regarding asset management officers and asset management and liquidation practice with the Form TP-QTV-04 issued together with this Decree;

dd) To replace the Form TP-QTV-05 issued together with the Government’s Decree No. 22/2015/ND-CP dated February 16, 2015, detailing a number of articles of the Law on Bankruptcy regarding asset management officers and asset management and liquidation practice with the Form TP-QTV-05 issued together with this Decree;

e) To replace the Form TP-QTV-08 issued together with the Government’s Decree No. 22/2015/ND-CP dated February 16, 2015, detailing a number of articles of the Law on Bankruptcy regarding asset management officers and asset management and liquidation practice with the Form TP-QTV-08 issued together with this Decree.

10. To repeal Clause 2 Article 22.

Article 4. Amending and supplementing a number of articles of the Government's Decree No. 123/2013/ND-CP dated October 14, 2013, detailing a number of articles of and measures to implement the Law on Lawyers, which is amended and supplemented by the Government's Decree No. 137/2018/ND-CP dated October 08, 2018

1. To add Article 5a after Article 5 as follows:

“Article 5a. Submission of dossiers for administrative procedure performance in the electronic environment

1. An organization or individual shall prepare an electronic dossier and fill in electronic applications and declarations required by the online public service-providing system as follows:

a) Making applications and declarations by filling in electronic forms provided by the system; inserting its/his/her digital signature on electronic applications, declarations, papers and documents if required. The requirement for digital signatures must be made public before the organization or individual submits the electronic dossier. Digitally signed documents have the same legal validity as paper documents with valid signatures;

b) Loading valid electronic papers and documents or citing documents from its/his/her electronic data warehouse.

2. Organizations and individuals shall carry out administrative procedures on the National Public Service Portal through their electronic identification accounts created by the electronic identification and authentication system, which is connected and integrated on the National Public Service Portal.

3. Agencies implementing administrative procedures shall exploit information and data in the national databases, specialized databases, and information systems in accordance with law regulations and supplement papers and documents into the dossiers of individuals and organizations carrying out administrative procedures in the electronic environment, without requiring individuals and organizations to provide or present these papers and documents.”.

2. To amend and supplement Clauses 1 and 2 Article 11 as follows:

“1. At-law representatives of limited liability law firms with two or more members or law partnerships must be lawyers and members of the law firms.

When changing their at-law representatives, limited liability law firms with two or more members or law partnerships shall, within 10 days after deciding on the change, send a written request for change of at-law representatives and their operation registration certificates via postal service or directly to the Departments of Justice of the provinces or centrally-run cities where they register their operation or online through the National Public Service Portal.

2. At-law representatives of lawyers’ offices or single-member limited liability law firms must be lawyers owning the offices or firms.

When changing their at-law representatives, lawyers’ offices or single-member limited liability law firms shall, within 10 days after deciding on the change, send a dossier via postal service or directly to the Departments of Justice of the provinces or centrally-run cities where they register their operation or online through the National Public Service Portal. Such a dossier must comprise:

a) A written request for change of at-law representative;

b) The original or electronic copy of the written agreement between the former at-law representative and the expected one on the exercise of the rights and performance of obligations of the lawyers’ office or law firm;

c) A copy accompanied by the original for comparison, or an electronic copy, or a certified electronic copy from the original, or a certified copy of the lawyer card of the expected at-law representative.

The procedures for change of at-law representatives of lawyers’ offices or single-member limited liability law firms comply with Article 36 of the Law on Lawyers.”.

3. To amend and supplement Clause 2 Article 12 as follows:

“2. A dossier of consolidation of law firms must be sent via postal service or directly to the provincial-level Department of Justice of the locality where the new law firm registers operation or online through the National Public Service Portal. Such a dossier must comprise:

a) A written request for consolidation of law firms;

b) The original or an electronic copy of the consolidation contract, clearly stating the procedures, time limit and conditions for consolidation; plan of staff use; the takeover of all rights, obligations and lawful benefits of the consolidated law firms;

c) The draft charter of the consolidating law firm.

Within 7 days after receiving a complete and valid dossier, the provincial-level Department of Justice shall grant an operation registration certificate to the consolidating law firm; in case of refusal, a written notification must be made, clearly stating the reason.”.

4. To amend and supplement Clause 2 Article 13 as follows:

“2. A dossier of merger of law firms must be sent via postal service or directly to the provincial-level Department of Justice of the locality where the merging law firm registers operation or online through the National Public Service Portal. Such a dossier must comprise:

a) A written request for merger of law firms;

b) The original or an electronic copy of the merger contract, clearly stating the procedures, time limit and conditions for merger; plan of staff use; the takeover of all rights, obligations and lawful benefits of the merged law firms;

c) A copy accompanied by the original for comparison, or an electronic copy, or a certified electronic copy from the original, or a certified copy of the operation registration certificates of the merged law firms and the merging one.

Within 7 days after receiving a complete and valid dossier, the provincial-level Department of Justice shall grant an operation registration certificate to the merging law firm; in case of refusal, a written notification must be made, clearly stating the reason.”.

5. To amend and supplement Clause 2 Article 14 as follows:

“2. A dossier of transformation of a law firm must be sent via postal service or directly to the provincial-level Department of Justice of the locality where the law firm registers operation or online through the National Public Service Portal. Such a dossier must comprise:

a) A written request for transformation, clearly stating the purpose of and reason for the transformation and the commitment to take over all the rights, obligations and lawful interests of the transformed law firm;

b) The draft charter of the new law firm;

c) The original or an electronic copy of the list of members or lawyer-owners; a copy accompanied by the original for comparison, or an electronic copy, or a certified electronic copy from the original, or a certified copy of the lawyer cards of members or lawyer-owners of the new law firm;

d) A copy accompanied by the original for comparison, or an electronic copy, or a certified electronic copy from the original, or a certified copy of the papers proving the head office in case of change of head office.”.

6. To amend and supplement Clause 2 Article 15 as follows:

“2. A dossier of transformation of a lawyers’ office must be sent via postal service or directly to the provincial-level Department of Justice of the locality where the law firm registers operation or online through the National Public Service Portal. Such a dossier must comprise:

a) A written request for transformation, clearly stating the purpose of and reason for the transformation and the commitment to take over all the rights, obligations and lawful interests of the transformed lawyers’ office;

b) The draft charter of the new law firm;

c) The original or an electronic copy of the list of members or lawyer-owners; a copy accompanied by the original for comparison, or an electronic copy, or a certified electronic copy from the original, or a certified copy of the lawyer cards of lawyer-owners or members of the new law firm;

d) A copy accompanied by the original for comparison, or an electronic copy, or a certified electronic copy from the original, or a certified copy of the papers proving the head office in case of change of head office.

Within 7 days after receiving a complete and valid dossier, the provincial-level Department of Justice shall grant an operation registration certificate to the new law firm; in case of refusal, a written notification must be made, clearly stating the reason.”.

7. To amend and supplement Clause 1 Article 36 as follows:

“1. Within 30 days after receiving a written approval of the change of the contents of its establishment license, the branch or foreign law firm shall send a dossier of registration for such change via postal service or directly to the provincial-level Department of Justice where the branch or foreign law firm registers its operation, or online on the National Public Service Portal.”.

Article 5. Transitional provisions

1. In cases competent agencies have received the dossiers prescribed in this Clause before the effective date of this Decree, they shall continue to process them in accordance with the legal normative documents effective at the time of receipt, such includes the dossiers for:

a) Grant, re-grant, modification of contents, and revocation of establishment licenses, operation registration certificates of arbitration centers, Vietnam-based branches and representative offices of foreign arbitration organizations; registration of operation or termination of operation of arbitration centers, Vietnam-based branches and representative offices of foreign arbitration organizations;

b) Grant, re-grant, modification of contents, and revocation of establishment licenses, operation registration certificates of commercial mediation centers, establishment licenses of Vietnam-based branches and representative offices of foreign commercial mediation institutions; registration of operation or termination of operation of commercial mediation centers, Vietnam-based branches and representative offices of foreign commercial mediation institutions;   

c) Grant, re-grant, and revocation of asset management officer practice certificates; registration of asset management and liquidation practice as individual practitioners or for asset management and liquidation firms;

d) Change of at-law representatives of lawyers’ offices or single-member limited liability law firms, limited liability law firms with two or more members, law partnerships; contents of establishment licenses of branches or foreign law firms;

dd) Consolidation, merger, and transformation of law firms; transformation of lawyers’ offices; transformation of branches of foreign law-practicing organizations in Vietnam and foreign law firms.

2. In cases of re-grant, modification of contents, and revocation of establishment licenses of commercial mediation centers, establishment licenses of Vietnam-based branches and representative offices of foreign commercial mediation institutions that were granted by the Ministry of Justice before the effective date of this Decree, Chairpersons of People’s Committees of provinces and centrally-run cities where the commercial mediation centers, Vietnam-based branches and representative offices of foreign commercial mediation institutions are headquartered are competent to perform the re-grant, modification of contents and revocation of such licenses in accordance with this Decree.

3. In cases of re-grant, and revocation of asset management officer practice certificates that were granted by the Ministry of Justice before the effective date of this Decree, Chairpersons of People’s Committees of provinces and centrally-run cities where the certificate holders permanently reside are competent to perform the re-grant and revocation of such certificates in accordance with this Decree.

4. In cases the dossiers of change of at-law representatives of law-practicing organizations, consolidation and merger of law firms, transformation of law firms, transformation of lawyers’ offices into law firms, consolidation and merger of foreign law firms, transformation of branches of foreign law-practicing organizations into wholly foreign-owned limited liability law firms in Vietnam, transformation of foreign law firms into Vietnamese law firms, registration of change of contents of establishment licenses of branches or foreign law firms were received by the competent agencies before the effective date of this Decree, such competent agencies shall continue to process the dossiers in accordance with the legal normative documents effective at the time of receipt.

Article 6. Implementation provisions

1. This Decree takes effect on the date of its signing.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and relevant organizations and individuals shall implement this Decree.

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
Le Thanh Long

* All Appendices are not translated herein.