Foreign investment established law firm in Vietnam
Nowadays, law has become one of the most important factors that affect the activities of individuals, organizations and the whole society. However, not everyone has fullly understanding of the legal regulations, which leads to the demand of finding some legal service providers to get the advices from legal experts. This is the reason for foreign investors to consider investing to the legal fields in Vietnam.
The requirements for foreign law-practicing organizations to establish legal company in Vietnam:
The foreign law-practicing organizations that have been established and practicing legally overseas may practice in Vietnam as prescribed by this Law when the following conditions are satisfied:
Committed to comply with the Constitution and the law of the Socialist Republic of Vietnam;
Committed to have at least two foreign lawyers, including the branch manager, the director of the foreign law firm who is present and practicing in Vietnam at least 183 days in consecutive 12 months;
The branch manager and the director of the foreign law firm in Vietnam must have at least 02 consecutive years of experience in law practicing.
Some notices on the form and scope of operation of foreign law firms in Vietnam:
In Vietnam, foreign investors are allowed to set up limited liability law firms or partnerships.
Regarding the scope of operation: excluding: participation in legal proceedings in the capacity of defenders or representatives of their clients before the courts of Viet Nam; and legal documentation and certification services of the laws of Viet Nam. Foreign law firms are permitted to make consultations on Vietnamese laws if the consulting lawyers have graduated from a Vietnamese law college and satisfy requirements applied to like Vietnamese law practitioners.
The procedures for Registration of operations of law-practicing organizations
A dossier for Registration of operations of law-practicing organizations shall comprise:
A written request for operation registration, which must content these following information:
Information of the foreign law-practicing organization and a joint venture (if any);
Name of the foreign law firm;
Scope of law practice of the foreign law firm;
Term of activities of the foreign law firm;
Location of the foreign law firm.
Surname and name of the lawyer being the Director of the foreign law firm as assigned by the foreign law-practicing organization, being enclosed with papers proving such lawyer having law- practice exercised in at least 02 consecutive years.
Commitment of the foreign law firm regarding there are at least 02 foreign lawyers, including the Director of the foreign law firm being presented and practicing laws in Vietnam. Each foreign lawyer has been practicing laws in Vietnam for 183 days or more than in 12 consecutive months.
A draft charter of the law firm;
Copies of the law practice certificate and lawyer’s card of the lawyer who sets up the lawyer’s office, sets up or joins in setting up the law firm.
Papers evidencing the headquarters of the law-practicing organization (such as lease contract)
Within 10 working days after receiving a complete dossier, the provincial/municipal Justice Service shall grant an operation registration paper to the law-practicing organization; in case of refusal, it shall give written notice, clearly stating the reasons therefor and the person who is not granted that paper may lodge a complaint in accordance with law.
Application for setting up a foreign law firm, application for granting a law-practice certificate in Vietnam of a foreign lawyer must be made in Vietnamese. If enclosed papers of the application are in foreign languages, such papers must be translated into Vietnamese and their translated versions must be notarized or legalized in accordance with laws of Vietnam.
Within 15 days, since the date of receiving the Certificate of operation registration, the foreign law-practicing organization in Vietnam is obliged to place notices on the local or centrally-run press in three consecutive editions; to send a written notice to the local tax authority where the foreign law-practicing organization in Vietnam is located.
Due to the fact that these procedures are difficult for foreign investors to carry out, please contact Viet An Law Firm for more information.
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