DECREE

Revised, suppleming some of the provisions of the Security Exchange Registration Decree,

Legal aid, lawyer, legal counsel.

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Government Law Base December 25, 2001;

The Administrative Law of the Executive Code of the Law of the Law on 3 June 2008;

Implementation of Resolution 52 /NQ-CP on 10 December 2010 of the Government on simplified administrative procedure of the Department of Justice's management function;

At the request of the Minister of Justice.

PROTOCOL:

What? 1. Modified, add some of the provisions of the Digital Protocol 83 /2010/NĐ-CP July 23, 2010 of the Government on Warranty Transaction Registration

1. Modified the phrase "Maritime spending or maritime port of the Vietnam Maritime Service" by the phrase "Vietnam Sea Ship Registry" at paragraph 2 Articles 24, paragraph 2 Article 25, paragraph 2 Articles 26, paragraph 2 Articles 27, paragraph 2 Article 47.

2. paragraph 2 Article 52 is added as follows:

" 2. Let's abolish the b. 2 Article 31 Decree number. 84 /2007/NĐ-CP May 25, 2007, of the Government of the Government of the Complementary Regulation of Land Use Paper, Land recall, implementation of land use, sequencing, compensation procedure, support, resettlement when the State revoked the land and resolved the land complaint. Belt. "

3. Modified, add some of the following phrases:

a) The phrase "(01 sets)" in the phrases of the registration case in paragraph 1 of Articles 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 34, 35, 36, and 37.

b) Modified the phrase "application for deletion of the sea vessel acceptance registration" at 1 Article 27 in the phrase "Order for the deletion of the ship's registration subscriptions".

c) Remove the phrase "copy of the certificate of a certificate of the legalization of the requested request" at the point of paragraph 1 Article 20, point c 1 Article 21, point c 1 Article 22, point d 1 Article 23, point c 1 Article 24, point d 1 Article 25, point c One Article 26, point 1 Article 27, point 1 Article 28, point 1 Article 29, point c 1 Article 30 and point d 1 Article 31 ".

4. Disorder 2 Article 53.

What? 2. Modified, Additional Article 27 of the Digital Protocol 07 /2007/NĐ-CP January 12, 2007 of the Government rules the details and guidelines for the implementation of some of the provisions of the Legal Aid Act as follows:

" 1. The person who has the criteria for the provisions of Article 22 of the Legal Aid and does not belong to one of the prescribed cases at 3 Article 20 Legal Aid Laws, if voluntary as an associate, sends a file to the local Centre where he resides. Or work.

The recommended profile as a collaborator includes:

a) A petition as a template collaborator;

b) The copy of the degree of law; by other university or by the degree of law;

c) The specified personal schedule of the Social People's Committee, the ward, the residence town or the body of the body where the offer works as an associate working as two color images of 2 cm x 3 cm.

In the case of the offer as a resident collaborator in the region with economic-particularly difficult socioeconomic conditions, ethnic minority and mountainous areas that have a period of law work from 03 years or more or have a legal and prestigious knowledge in the community. Yes, yes, in the file of a proposal to be an agent in addition to document papers prescribed at the point a, a paper on the basis of a confirmation of the agency's time of law, the organization where the person was either working or confirmed by the Social People's Committee on the matter. the legal and prestigious knowledge in the proposition community.

2. In the four-day period of work, since the date of receiving the file, the Director of the Center for the Center for the full and correct calculation of the case, if the valid profile is the Director of the Department of Justice review, recognition, and level of an associate membership card. In the case of an unvalid case, return the profile to the offer as an associate, and explicitly inform the reason in writing.

3. During the three-day period of work, since the date received the profile issued by the Director of the Center, the Director of the Department of Justice review, sign the recognition and grant of an associate membership card. In the case of refusal to specify a clear reason for the recommendation to be a collaborator. The denied person has the right to complain to the refusal to recognize and grant an associate membership card. The settlement of the complaint was made in accordance with the law of the complaint. "

What? 3. Modified, add some of the provisions of the Digital Protocol 28 /2007/NĐ-CP February 26, 2007 of the Government rules the details and guidelines for some of the provisions of the Law Bar.

1. Article 8 is modified, adding as follows:

" 1. The limited liability law firm a member may convert to the form of a two-member limited liability law firm. The limited liability law firm of two or more members can be converted to a form of limited liability law firm a member.

2. In case of conversion from the form of a limited liability law firm a member to the form of a limited liability law firm of two or more or a limited liability law firm, the two members return to the form of law firm. A member of the law firm must send 1 sets of direct-transfer files directly or through the postal system to the Department of Justice where the registered company operates. Conversion records include:

a) The application of conversion therein states the purpose and reason of conversion;

b) The charter of the new law firm;

c) List of members or lawyers owners of the new law firm;

d) The operational registration paper was issued.

3. During the five-day period of work, since the date of receiving enough records or transfers prescribed at paragraph 2 of this, the Department of Justice grants the active Registration Bill to the LLC under the provisions of the Law of Law. In the case of rejection of the written notice and stating the reason. "

2. Clause 1 Article 19 is modified, added as follows:

" 1. Foreign law firms send 1 set of records of a merger contract and a single, directly or through postal system to the Ministry of Justice. In the united contract there must be a regulation of merge procedure and conditions; the method of using labor; the statute of limitations, procedures and conditions of property conversion; the statute of limitations is incorporated.

In the ten-day period, since the date of receiving a valid case, the Ministry of Justice has decided to approve the merger in the form of a license to form a new foreign law firm; in the case of refusal to announce a written reason. "

3. Clause 1 Article 20 is modified, added as follows:

" 1. Foreign law firms involved sending 1 cases of a merger contract and a single merger offer, directly or through the postal system to the Ministry of Justice. In the merger contract there must be regulation of the use of labor; the deadline, procedure and conditions of property conversion; the procedure and the deadline for implementation of the merger. "

4. Clause 2, paragraph 5 Article 21 is modified, added as follows:

" 2. In the case of a foreign law enforcement organization in Vietnam suspended operations at a point a 1 of this, it must be written in writing, direct or through the postal system to the Ministry of Justice, at the very slow of thirty days, before the date of the scheduled pause.

During the seven-day period of work, the Ministry of Justice decided to approve the organization of foreign lawyers in Vietnam to suspend operations. In the absence of approval, the Ministry of Justice must notify the reason in writing.

The organization of foreign lawyers in Vietnam is suspended from the date of the approval of the Ministry of Justice.

5. As slow as thirty days before the scheduled date of return, the organization of foreign law enforcement in Vietnam must have a written report directly or through the postal system to the Ministry of Justice, the Department of Justice, the state ' s lawyers and tax authorities. The place is based on the return of operations. "

What? 4. Modified, add some of the provisions of the Digital Protocol 77 /2008/NĐ-CP July 16, 2007 of the Government on Legal ConsultAffairs

1. Article 13 is modified, adding as follows:

" 1. The legal center for law registration works in the Department of Justice, which is located in the Central Committee. When registered to operate, the Legal Consultated Center sends 1 direct file or through the postal system to the Department of Justice.

Active registration records include:

a) Active registration;

b) The organization ' s decision on the establishment of the Legal Consultate Center; on the election of the Director of the Center for Legal Counsel;

c) The draft of the organization, the operation of the Consultated Consultated Center;

d) The list accompanying the profile of the person recommended to the law advisory card, of the lawyer working under the labor contract for the Centre.

During the five-day period of work, since the date of the receiving of valid records, the Department of Justice is responsible for issuing an Active Registration Certificate to the Legal Consultate Centre; in the case of rejection, the reason for written reasons is written.

2. When the level of registration is active for the Legal Consultated Center, the Department of Justice simultaneously grants the legal counsel Card to the eligible person specified in paragraph 1 Article 19 of this decree.

The Department of Justice provides a form of registered Registration Paper, Legal Counsel.

3. The Legal Consultated Center is operated since the date of the registration of the active registration paper. "

2. Clause 1 Article 20 is modified, added as follows:

" 1. The person offering to grant a law counselor to a 1-order file directly or through the postal system to the Department of Justice.

Legal Advisory Card Level Profile includes:

a) A certificate granting the Law Counsel to the Law of the Law;

b) The copy of the law;

c) The confirmation paper on the time of the law ' s legal work is recommended.

In the five-day period of work, since the date of receiving enough valid records, the Department of Justice, where the Legal Registration Law Center is responsible for granting the Legal Counsel to the eligible person, in the case of rejection, must notice the reason by writing. copy. "

What? 5. Modified, add some of the provisions of the Digital Protocol 131 /2008/NĐ-CP December 31, 2008 by the Government on Social Organization-The Career of Lawyers.

1. paragraph 2 Article 8 is modified, adding as follows:

" 2. The profile was established by the founders of the founder of the Law Corps and sent 1 directly or through the postal system to the Provincial Justice Department, the Central City of Central. In the fifteen-day period, since the date of receiving enough records, the Department of Justice chaired, in coordination with the Department of Internal Affairs of the Profile and the Provincial People's Committee, the Central Committee of the Central Committee (later called the Provincial People's Committee) on allowing it to be established. The lawyer.

During the five-day period of work, since the date of receiving the appraisal text of the Department of Justice accompanying the case, the Provincial People's Committee has the text to send the Justice Department on the establishment of a local lawyer. For the seven-day period of work, since the date of receiving the text of the Provincial People ' s Committee, the Ministry of Justice has a written text on the establishment of the Bar.

After a unanimous opinion by the Minister of Justice, during the seven-day period of work, the Chairman of the Provincial People's Committee decided to allow the formation of the Bar; in the case of rejection, the reason for writing was written. The person denied having the right to complain under the rule of law. "

2. Clause 1, paragraph 2 Article 10 is modified, added as follows:

" 1. During the seven-day period of work, since the Day of the Law of the Bar was passed, the Chairman of the Board of Lawyers sent 1 sets of records recommended to approve the charter directly or through the postal system to the Department of Justice. The profile consists of:

a) The text of the request to approve the Charter;

b) The rules and the borders through the Charter;

c) Congress resolution;

d) The unanimous text of the Vietnam Bar Federation for the Charter of the Charter.

2. During the twenty-day period, since the date of receiving enough records, the Department of Justice chaired, in coordination with the Department of Internal Affairs of the Profile and the Provincial People's Committee on the approval of the Law Corps Charter.

During the seven-day period of work, since the date of receiving the appraisal text of the Department of Justice accompanying the case, the Chairman of the Provincial People ' s Committee decided to approve or refuse to approve the Law Corps Charter; in the case of rejection it must be informed of reasons. by text. "

3. Clause 3 Articles 11 is modified, added as follows:

" 3. Thirty days ahead of the scheduled date of the scheduled congress, the Chairman of the Board of Lawyers sent directly or through the postal system to the Provincial People ' s Committee reporting on the nomination of the term congress, the construction of the Board, the Council of Nations. Praise, new discipline. In the 15-day period, since the date received the report by the Board of Lawyers, the Provincial People ' s Committee assigned to the Department of Justice presided over, in coordination with the Department of Internal Affairs and review, for the opinion on the nomination of the term congress, the original construction project. Dean, the Council of Praise, the discipline of the new term.

During the seven-day period of work, since the day received the Department of Justice, the People's Committee considers, for the opinion of the Project to hold the term congress, the construction of the Board, the Council of Praise, the discipline of the new term. "

4. paragraph 2 Article 12 is modified, added as follows:

" 2. During the seven-day period of work, since the end of the Games, the Board of Lawyers must submit directly or through the postal system to the Justice Department reporting the results of the Games, accompanied by electoral margin, the title ' s quotation list, the commissioners said. The Board, the Council of Praise, the discipline of the Law Corps; the General Assembly.

During the ten-day period of work, since the date received the results of the results report, the Department of Justice chaired, in coordination with the Department of Internal Affairs review and the Provincial People's Committee on the ratification of the Company's Congress results.

During the five-day period of work, since the date of receiving the Office of the Department of Justice, the Provincial People's Committee decided to ratiate or refuse to ratiate the outcome of the Games; in the case of rejection it must have to announce the reason in writing. "

5. paragraph 2 paragraph 3 Article 15 is modified, added as follows:

" 2. In the case of the Presidic Board of Law belonging to one of the specified cases at the point a, b and c 1 of this, the Standing Committee of the Vietnam Bar Federation sent directly or through the postal system to the Provincial People's Committee of the Province. The People's Committee of the Provincial People's Committee on the decision to suspend the activities of the Presido of the Board of Lawyers and ask the Corps to organise the extraordinary congress to elect the new Chairperson and the new Chairperson of the Corps of Lawyers.

During the seven-day period of work, since the day received by the Standing Committee of the Standing Committee of the Vietnam Bar, the Provincial People ' s Committee decided to suspend the operation of the Board of Lawyers and asked the Corps of Extraordinary Congress to organise them. The new Chairperson and the new Chairman of the Lawyers. In the case of rejection of written reasons.

The Council of Praise, the discipline of the interim lawyer to carry out the mandate, the powers of the Chairperson; the Chairman of the Board of Praise, the temporary discipline of carrying out the duties, the powers of the Chair of the Lawyers until the election of the Chair and the Chairperson. The lawyer's new.

For the twenty-day period, since the date of the decision to suspend the Board of Lawyers, the Chairman of the Board of Praise, the discipline of the attorney corps must convene the extraordinary counsel congress.

3. In the case of a lawyer 's Chair in one of the specified cases at paragraph 1 of this, the Standing Committee of the Vietnam Bar Federation sent directly or through the postal system to the Provincial People' s Committee of the Provincial Committee recommended the Committee. The provincial population decided to suspend the duties of the presidency and asked the Presiitor of the Attorney General to be appointed as the Deputy Chief of the District Attorney for the Acting of the Attorney General until the election of the new dean.

During the seven-day period of work, since the day received by the Standing Committee of the Standing Committee of the Vietnam Bar, the Provincial People ' s Committee decided to suspend the mandate and ask the Presiitor of the Board to send a Deputy Counsel to hold. The office of the attorney general until the election of the new dean. In the case of rejection of written reasons.

In the thirty-day period, since the date of the election, the Acting Chairman of the Attorney General must convene the extraordinary congress to elect the new Chairperson of the Corps of Lawyers. "

6. Clause 1 Article 20 is modified, added as follows:

" 1. During the seven-day period of work, since the date of the Charter of the Union of Vietnam Lawyers passed, the National Council of Lawyers sent directly or through the postal system to the Ministry of Justice 01 sets of records recommended for the Charter.

The profile consists of:

a) The text of the request to approve the Charter;

b) The rules and the borders through the Charter;

c) Congress resolution. "

7. paragraph 3 Article 21 is modified, added as follows:

" 3. Fifty days ahead of the scheduled date of the scheduled congress, the Standing Committee of the Union of Vietnam Lawyers sent directly or through the postal system to the Ministry of Justice report on the nomination of the term congress, the construction of leadership titles. of the new Vietnam Lawyers ' Federation. The Department of Justice chaired, in coordination with the Ministry of Internal Affairs, for the opinion on the Project to hold the Games. "

8. paragraph 2 Article 22 is modified, added as follows:

" 2. During the ten-day period of work, since the end of the Games, the Standing Committee of the Union of Vietnam Lawyers must submit directly or through the postal system to the Justice Department reporting the results of the Games, accompanied by electoral margin, the list of excerpts of the posts. The leadership of the Vietnam Lawyers ' Union, the General Assembly.

For a period of fifteen days, since the date received reports of the results of the General Assembly, the Ministry of Justice reviewed, ratified or refused to ratiate the election results, the Congress Resolution of the Vietnam Lawyers ' Union after the Ministry of the Interior's opinion. "

9. paragraph 2 Article 25 is modified, added as follows:

" 2. In the case of the National Bar Council belonging to one of the stipulated cases at point a, b and c 1 of this or the President of the Federation of Vietnam Lawyers of the Union of Vietnam under one of the specified cases at paragraph 1 of this Article the Minister of Justice Presiding, co-ordinated with the Minister of Internal Affairs recommended that the Prime Minister make the decision to suspend the activities of the National Council of Lawyers or suspend the position of Chairman of the Vietnam Bar Federation and ask the Vietnam Bar Federation to hold the House of injustice. It ' s often used to elect the leaders of the League.

Over the sixty-day period, since the day received by the Minister of Justice, the Prime Minister makes a decision on the suspension of the activities of the National Bar Council or suspension of the office of President of the Vietnam Bar Federation and the request of the Union. The Vietnam Bar Association organizes the extraordinary congress to elect the leaders of the League. "

10. Clause 2 Articles 27 is modified, added as follows:

" 2. In the case of the dissolution of the Vietnam Bar in accordance with the provisions of Article 1 of this, the Prime Minister decided to dissolve the Vietnam Bar Federation and decide to re-establish the Vietnam Bar Federation. In the sixty-day period, since the day received by the Ministry of Justice, the Prime Minister decided to dissolve the Union of Vietnam Lawyers. "

What? 6. Terms of execution

This decree has been in effect since 1 April 2012.

Ministers, peer-to-peer agencies, government ministers of the government, Chairman of the People's Committee of the provinces, Central City, organizations and individuals are responsible for the implementation of this decree.