Decree 04/2012/nd-Cp: Modifying, Supplementing Some Articles Of The Decree On The Registration Of The Secured Transactions, Legal Assistance, Legal Advice, Lawyer

Original Language Title: Nghị định 05/2012/NĐ-CP: Sửa đổi, bổ sung một số điều của các Nghị định về đăng ký giao dịch bảo đảm, trợ giúp pháp lý, luật sư, tư vấn pháp luật

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DECREE amending and supplementing a number of articles of the Decree on the registration of the secured transactions, legal help, lawyers, legal advice _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law of 25 December 2001;
Pursuant to the law enacting the legal text on 03 June 2008;
Implementation of resolution No. 52/NQ-CP on December 10, 2010 by the Government on the simplification of administrative procedures in the scope of the management function of the Ministry of Justice;
Considering the recommendation of the Minister of Justice.
DECREE: article 1. Modifying, supplementing a number of articles of Decree No. 83/2010/ND-CP dated 23 July 2010 the Government secured transactions registry 1. Modify the phrase "Maritime Bureau or the port maritime the Maritime Bureau in case Vietnam" by the phrase "the Vietnam ship register" in clause 2 article 24, paragraph 2 article 25, paragraph 2 Article 26, paragraph 2, article 27, paragraph 2 to article 47.
2. Item 2 Article 52 are added as follows: "2. Annuls point b item 2 article 31 of Decree 88/2007/ND-CP dated 25 May 2007, the Government's additional rules regarding certificate of right to use land, land, land use rights, the order, the compensation procedure support, resettlement when the State revoked the land and resolve complaints about land. "
3. Amendments and supplements to some of the following terms: a) supplements the term "(1)" in the phrase about types of registration documents in paragraph 1 of article 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 34, 35, 36 and 37.
b) amend the phrase "Single deletion registration of ship mortgages" in clause 1 article 27 by the phrase "petition to delete the registration of ship mortgages".
c) Dropped the phrase "authenticated copies of paper prove legal status of the person required to register" in point c article 20 paragraph 1, point c Article 21 paragraph 1, point c of Article 22 paragraph 1, point d Article 23 paragraph 1, point c Article 24 paragraph 1, point d article 25 paragraph 1, point c of paragraph 1 to article 26 , a d clause 1 article 27, Article 28 paragraph 1, point d d clause 1 Article 29, point c paragraph 1 paragraph 1 d and article 30 article 31 ".
4. the abolition of clause 2 Article 53.
Article 2. Additional amendments to article 27 of Decree No. 7/2007/ND-CP dated 12 January 2007 from the Government detailing and guiding the implementation of some articles of the law on legal assistance as follows: "1. The eligible prescribed in clause 1 Article 22 of law legal assistance and not in one of the cases provided for in paragraph 3 article 20 of law legal help If the collaborators do voluntarily submit the records to the local Center where you reside or work.
Records suggest doing collaborators include: a) the petition do collaborators form;
b Bachelor of laws); by the University or by secondary legislation;
c) personal resumes of people's committees of communes, wards and towns of residence or of the place where the proposed work of collaborators working in two color portrait photo size 2 cm x 3 cm. In case someone suggested making permanent collaborators in regions with socio-economic conditions particularly difficult , the ethnic minorities and mountainous areas that have legal work time from 3 years or more or have the legal knowledge and reputation in the community, the records suggest doing work outside paperwork documents specified in point a, c stated on the certificate needed time to work the law of Agency organizations where people that have or are working or confirmation of the people's Committee of township-level legal knowledge and reputation in the community of the proposal.
2. Within a period of four working days from the date of receiving the application, the Director of the Center to check the adequacy and correctness of records, if a valid profile, then the Director of the Department of Justice reviewed, acknowledged and granted the card work. In the case of the profile is invalid, then return the record to the person who suggested making collaborators and announce clearly the reasons in writing.
3. within three working days from the date received by the records Centre Manager, Director of the Justice Department review, issued the decision recognises the card and collaborators. In case of refusal must clearly notify the reasons in writing to the person who suggested to do work. People rejected have the right to appeal against the denial of recognition and card-level partners. The resolution of complaints made under the provisions of the law on complaints. "article 3. Modifying, supplementing a number of articles of Decree No. 28/2007/ND-CP dated 26 February 2007 from the Government detailing and guiding the implementation of some articles of the law on lawyers 1. Article 8 be amended and supplemented as follows: "1. the law on limited liability companies a member can convert to form limited liability law firm two members. Law on limited liability companies the two members can be converted to form limited liability law firm is a member.
2. In the case of conversion from law firms form limited liability a member to form limited liability law firm two members or the company limited liability law two members to form limited liability law firm is a member, the Director of the law firm must send 1 record convert directly or through the system postal service to the Department of justice where the company registered activity. Conversion profiles include: a) the modified form which stated the purpose and the reason for the switch;
b) the draft of the new law firm;
c) list members or lawyers of the law firm owner new;
d) Registration Certificate has been issued.
3. within five working days from the date of receiving the application or convert documents prescribed in paragraph 2 of this Article, the Department of justice granting registration for the company limited liability laws under the provisions of the law on lawyers. In case of refusal must be notified in writing and clearly state the reason. "
2. Paragraph 1 article 19 be amended and supplemented as follows: "1. foreign law firms send 1 record consisting of the best contract and the best application, directly or through the postal system to the Ministry of Justice. In most contract must have rules of procedure and the best conditions; scheme employers; deadlines, procedures and conditions for converting the property; the time limit for implementation.
Within ten days from receipt of valid records, the Ministry of Justice decision to approve the merger in the form of licensing of foreign law firms established new; in case of refusal to notify the reasons in writing. "
3. Clause 1 article 20 be amended and supplemented as follows: "1. The relevant foreign law firms send 1 record including contract mergers and merger application, directly or through the postal system to the Ministry of Justice. In the contract annexed to regulations on employers; deadlines, procedures and conditions for converting the property; the procedure and time limit for implementation of the merger. "
4. Clause 2, clause 5 article 21 be amended and supplemented as follows: "2. In the case of organized foreign lawyers practice in Vietnam suspended operation as defined in point a of paragraph 1 of this notice must be in writing, delivered directly or through the postal system to the Ministry of Justice of thirty days before the day scheduled to suspend operations.
Within seven working days, Justice Ministry decision approved for foreign lawyers practice in Vietnam to temporarily stop functioning. In case of disapproval, the Ministry of justice must inform the reason in writing.
Organization of foreign lawyers practice in Vietnam was temporarily ceased operations since October have written approval of the Ministry of Justice.
5. At the latest thirty days prior to the expected date of return operations, organization of practice of foreign lawyers in Vietnam must be reported in writing to submit directly or through the postal system to the Ministry of Justice, the Department of Justice, Union lawyer and local tax authority Headquarters on the back. "article 4. Modifying, supplementing a number of articles of Decree No. 77/2008/ND-CP dated 16 July 2007 from the Government about the legal advice 1. Article 13 be amended and supplemented as follows: "1. legal consulting Center registration activities at the Department of Justice, the seat of the Centre. When active registration, legal consulting Center posted 01 record directly or through the postal system to the Justice Department.
Registration records include: a) active application;
b) managing organization's decision on the establishment of legal consulting Center; regarding the election of the Director of the Center for legal advice;
c) draft regulation organizations, activities of the counseling center by managing organization issued;
d) list attached to the profile of the person who recommended level legal counselor Cards, of lawyers working under contract for the Center.
Within five working days from the date of receipt of a valid application, the Department of Justice is responsible for granting registration for legal consulting Center; in case of refusal, to notify the reasons in writing.
2. When granting the registration activity for legal consulting Center, the Justice Department simultaneously legal consultant Card level to eligible person prescribed in article 19 paragraph 1 of this Decree.
The Ministry of Justice regulation Paper registration form, the card of legal counselors.
3. legal consulting centre acted since being granted registration Paper. "
2. Paragraph 1 article 20 be amended and supplemented as follows: "1. The recommended level legal counselor Cards send 1 record directly or through the postal system to the Justice Department.
The profile level legal counselor Cards include: a) the recommended Paper card consultants law;
b Bachelor of laws);
c) confirmation about the time of the person's legal woes are suggested.
Within five working days from the date of receipt of a valid application, the Justice Department, where the legal advice centre Registration Card level responsibility of legal consultants for qualified people, in case of refusal, to notify the reasons written. "article 5. Modifying, supplementing a number of articles of Decree No. 131/2008/ND-CP on December 31, 2008 of the Government on the social-professional organization of lawyers 1. Item 2 article 8 be amended and supplemented as follows:

"2. The profile established by Union lawyer who founded the Union lawyer and send the 1st directly or through the postal system to the Department of Justice, the central cities. Within a period of fifteen days from the date of the application, the Department of Justice, in collaboration with the Department of the Interior evaluation record and the people's committees of provinces and cities under central Government (hereinafter referred to as the provincial people's Committee) about letting Lawyers Union.
Within five working days from the date of receipt of the appraisal Department of Justice attached to the profile, the provincial people's Committee had sent the text on the establishment of local lawyers Group. Within seven working days from the date of receipt of the provincial people's Committee, the Ministry of Justice has written about the establishment of the Association.
After the unanimous opinion written by Justice Minister, within seven working days, the Chairman of the provincial people's Committee decided to allow the establishment of the Association; in case of refusal, they must inform the reason in writing. Who denied the complaint under the provisions of the law. "
2. Paragraph 1, paragraph 2 article 10 be amended and supplemented as follows: "1. within seven working days from the date the Charter Association was passed, the Chairman of the Board of the Union lawyer sent 1 record suggest approving the Charter directly or through the postal system to the Justice Department. The records include: a) text recommended for approval;
b) Charter and through the Charter;
c) resolution of the Congress;
d) text for lawyers Federation of Vietnam about the content of the Charter.
2. Within a period of twenty days from the date of the application, the Department of Justice, in collaboration with the Department of the Interior evaluation record and the provincial people's Committee in approving Charter Union lawyer.
Within seven working days from the date of receipt of the appraisal Department of Justice attached to the record, the President of the provincial people's Committee decision to approve or refuse to approve the Charter Association; in case of refusal, they must inform the reason in writing. "
3. Paragraph 3 article 11 be amended and supplemented as follows: "3. The latest thirty days prior to the scheduled conference tenure, the Board Chairman of Union lawyer sent directly or through the postal system to the provincial people's Committee report on the project of organizing the Congress term construction projects, the Chairman of the Committee, the Council commended the new tenure, discipline. Within 15 days from the receipt of the report of the Chairman of the Board, the provincial people's Committee delivered to the Justice Department, in coordination with the Department of the Interior evaluation and review, commenting on the project of organizing the Congress term, Chairman of the Board of construction projects The Council commended the new tenure, discipline.
Within seven working days from the date of receiving documents of the Justice Department, the provincial people's Committee of review, commenting on the project of organizing the Congress term, Chairman of the Board of construction projects, the Council commended the new term discipline. "
4. Item 2 article 12 be amended and supplemented as follows: "2. within seven working days from the date of the end of the Congress, the Chairman of the Board of the Association are sent directly or through the postal system to the Department of Justice reported the results of the Congress, accompanied by the minutes of election, the list of responsibilities , the Chairman of the Board of Commissioners, the Board commended, discipline of lawyers; Resolution of the Congress.
Within ten working days from the date of receiving the report the results of the Congress, the Justice Department, in coordination with the Interior Department to consider and the provincial people's Committee approved the results of the Congress of the Union lawyer.
Within five working days from the date of receiving the text of the Justice Department, the provincial people's Committee decision to approve or refuse to approve the results of the Congress; in case of refusal, they must inform the reason in writing. "
5. Paragraph 2 paragraph 3 in article 15 be amended and supplemented as follows: "2. In the case of the Chairman of the Board of the Union of lawyers in one of the cases specified in point a, b and c of paragraph 1 of this Article, the Standing Committee of Vietnam Lawyers Union sent directly or through the postal system to the provincial people's Committee in the text suggest that the provincial people's Committee on the decision to suspend the operation of the Board Chairman of the Association and request the Union lawyer held an extraordinary Congress to elect the Chairman of the Board and Chairman of the new Association.
Within seven working days from the date of receiving the recommendations of the Standing Committee of Vietnam Lawyers Union, the provincial people's Committee decision to suspend the operation of the Board Chairman of the Association and request the Union lawyer held an extraordinary Congress to elect the Chairman of the Board and Chairman of the new Association. In case of refusal to notify the reasons in writing.
The Council commended, the discipline of the Union lawyer temporarily performing the duties and powers of the Chairman of the Board; President of the Board commended, discipline temporarily performing the duties and powers of the Chairman of the Union lawyer until elected Chairman of the Board and Chairman of the new Association.
Within a period of sixty days from the date of the decision to suspend the Board Chairman, President of the Board commended, the discipline of the Union lawyer must convene an extraordinary Congress of lawyers.
3. In the case of the Chairman of the Union of lawyers in one of the cases specified in paragraph 1 of this Article, the Standing Committee of Vietnam Lawyers Union sent directly or through the postal system to the provincial people's Committee in the text suggest that the provincial people's Committee decision to suspend duty Chairman and requested the Chairman of the Board of the Union lawyer sent a Deputy The lawyer group held the rights group lawyers until elected Chairman of the new Association.
Within seven working days from the date of receiving the recommendations of the Standing Committee of Vietnam Lawyers Union, the provincial people's Committee decision to suspend duty Chairman and requested the Chairman of the Board of the Union lawyer sent a Deputy Union lawyer holds the rights group lawyers until elected Chairman of the new Association. In case of refusal to notify the reasons in writing.
Within a period of thirty days from the date of the election, the rights group lawyers must convene an extraordinary Congress to elect a new Chairman of the Union lawyer. "
6. Article 20 paragraph 1 be amended and supplemented as follows: "1. within seven working days from the date of Vietnam lawyers Federation Charter was adopted, the national lawyers Council sent directly or through the postal system to the Ministry of Justice 7 record suggest approval of the Charter.
The records include: a) text recommended for approval;
b) Charter and through the Charter;
c) resolution of the Congress. "
7. Paragraph 3 article 21 be amended and supplemented as follows: "3. Slow for sixty days prior to the expected term of Congress Organization, League Standing Committee lawyers Vietnam sent directly or through the postal system to the Department of Justice report on the project of organizing the Congress term construction projects, the title of leader of the Union of lawyers of the new term in Vietnam. The Ministry of Justice, in collaboration with the Ministry of the Interior to review, commenting on the project of organizing the Congress. "
8. Item 2 Article 22 be amended and supplemented as follows: "2. within ten business days from the date of the end of the Congress, the Standing Committee of Vietnam lawyers Federation must send directly or through the postal system to the Ministry of Justice reported the results of the Congress, accompanied by the minutes of election , a list of the titles of leadership of Vietnam lawyers Federation, resolution of the Congress.
Within a period of fifteen days from the date of the report the results of the Congress, the Department of Justice consider, approve or refuse to approve the election results, the resolution of the Congress of the Union of Vietnam lawyers after comments of the Ministry of the Interior. "
9. Item 2 article 25 be amended and supplemented as follows: "2. In the case of national lawyers Council in one of the cases specified in point a, b and c of paragraph 1 of this Article or the Presidents of Vietnam lawyers in one of the cases specified in paragraph 1 of this Article, the Minister of justice presiding , in collaboration with the Minister of the Interior suggested the Prime Minister decides to suspend the operations of national lawyers Council or Chairman of the Vietnam lawyers Federation and requested Vietnam lawyers Federation held an extraordinary Congress to elect the new leader of the League title.
Within a period of sixty days from the date of the recommendation of the Minister of Justice, the Prime Minister a decision about the suspension of activities of national lawyers Council or Chairman of the Vietnam lawyers Federation and requested Vietnam lawyers Federation held an extraordinary Congress to elect the new leader of the League title. "
10. Item 2 article 27 be amended and supplemented as follows: "2. In the case of Vietnam lawyers Federation was dissolved according to the provisions in clause 1 of this Article, the Prime Minister's decision to dissolve the Union lawyer and Vietnam decided to establish Vietnam lawyers Federation again. Within a period of sixty days from the date of the proposal of the Ministry of Justice, the Prime Minister decides to dissolve the Federation lawyers Vietnam. "article 6. The terms of the implementation of the Decree has effect as from April 1, 2012.
The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the province, central cities, organizations and individuals concerned is responsible for the implementation of this Decree.