CIRCULAR guide some provisions of Decree No. 87/2003/ND-CP dated 22 July 2003 of the Government about the practice of foreign lawyers organization, foreign lawyer in Vietnam _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 62/2003/ND-CP dated 6 June 2003 the Government function duties, powers and organizational structure of the Ministry of Justice;
The base specified in article 47 and article 58 of Decree No. 87/2003/ND-CP dated 22 July 2003 of the Government about the practice of foreign lawyers organization, foreign lawyer in Vietnam;
The Ministry of Justice guidelines implement some provisions of Decree No. 87/2003/ND-CP dated 22 July 2003 of the Government about the practice of foreign lawyers organization, Vietnam foreign Attorney (hereinafter referred to as the Decree No. 87/2003/ND-CP) as follows: 1. On the Organization of foreign Attorney foreign lawyers, 1.1. Foreign lawyers organization said in Decree No. 87/2003/ND-CP is practicing lawyers organization was established and legitimate practice in foreign countries.
1.2. Proof establishing the legitimacy of the foreign lawyer organizations prescribed in clause 2 article 12, paragraph 2 and article 14 Paragraph 2 of article 17 of Decree 87/2003/ND-CP is one of the following papers: a) license, Registration Certificate by the Agency organizations of foreign countries;
b) contract, Charter company;
c) confirmations of the Agency, the competent institutions of foreign countries on the establishment and legal activities.
1.3. the foreign lawyer said in Decree No. 87/2003/ND-CP is a foreigner, who settled overseas Vietnam has licensed lawyers by the Agency, the competent institutions of foreign countries.
In the case of citizens resident in Vietnam Vietnam has licensed lawyers by the Agency, the competent institutions of foreign countries level like to practice as a foreign lawyer in Vietnam, it must comply with the provisions of Decree No. 87/2003/ND-CP DATED. 2. About the Organization, the Vietnam lawyers practice law professor 2.1 Vietnam. Law Office-lawyer law firm partnership, Vietnam said in Decree No. 87/2003/ND-CP's Law Office, law firm partnership was established according to the provisions of the Ordinance the Attorney in 2001.
2.2. Vietnam's lawyer who joined a Union lawyer and solicitor practising certificate under the provisions of the Ordinance the Attorney in 2001.
3. On application for the establishment of branches, foreign law firms, law firm partnership and Vietnam (hereinafter referred to as foreign lawyers practice in Vietnam) 3.1. Foreign lawyer organizations wishing to establish organized foreign lawyers practice in Vietnam must do a set of records according to the provisions of Decree No. 87/2003/ND-CP. 3.2. In the case of two or more foreign lawyer organizations asking for permission to establish a foreign law firm in Vietnam, the application of foreign law firms established by the head of the foreign attorney or organization who was head of the foreign lawyer organizations that signed the authorization.
3.3. In the case of a foreign lawyer organizations wishing to establish more branches in Vietnam, should allow private procedure for each branch.
Each branch is only has a headquarters in the province, central cities, where allowed to branch.
3.4. affiliate's name must include the phrase "branch", foreign lawyers organization name and the name of the province, central cities, where allowed to branch.
The name of the foreign law firm must include the phrase "company law" and the name of the foreign lawyer organizations.
The name of the law firm partnership and Vietnam by foreign lawyers and law firms partnership Vietnam option but must include the phrase "law firm partnership".
4. On the procedure for licensing the establishment held foreign lawyers practice in Vietnam 4.1. Application for establishment of practice of foreign lawyers in Vietnam was sent to the Ministry of Justice. In case of need, the Ministry of Justice may request clarification or additional information in the profile. The time limit for the review of records and licensing provisions of article 20 of Decree No. 87/2003/ND-CP is calculated from the date of completion.
4.2. Service in support of Justice, the Ministry of Justice receives and verifies application for establishment of practice of foreign lawyers in Vietnam.
5. On the procedure to change the content license held by foreign lawyers practice in Vietnam 5.1. Organization of foreign lawyers practice in Vietnam changed the name in the following cases: a) the name of the foreign lawyer organizations change as prescribed by law;
b) the name of the law firm partnerships partnership law firms in Vietnam and Vietnam changed in accordance with the law of Vietnam;
c) name of foreign law firms to change in the event of a merger or consolidation of the foreign law firms.
5.2. In case of changing the head of branch, Director of the foreign law firm, Director of partnership law firms abroad and Vietnam, the attached application must have text sent another lawyer as head of the branch, Director of the foreign law firm, Director of partnership law firms abroad and Vietnam.
5.3. within 15 days from the date of receipt of a valid application and fees, the Ministry of Justice has approved the text, change the content license; in case of refusal, must clearly state the reason in writing.
6. Regarding the establishment of branches of foreign law firms, law firm's overseas partnerships and Vietnam 6.1. Within 15 days from the date of the decision to allow the establishment of branches, foreign law firms, law firm partnership and Vietnam must register for the operation of the branch in the local Department of Justice, the seat of the branch.
6.2. within 10 days from receipt of application and fees, the Justice Department is responsible for granting registration for the branch of the foreign law firms, branches of foreign partnership law firm and Vietnam.
7. About documents for foreign law firms 7.1. Two or more foreign law firms may agree to merge into a new foreign law firms.
Best law firm profile abroad includes the following papers: a unified application);
b) license copy of the foreign law firm Please merge;
c) copies the best contract;
d) text of agreement sent the Director of the new foreign law firms.
7.2. within 10 days from receipt of application and fees, the Justice Department approved the merger in the form of a license to establish a new foreign law firms.
7.3. Within 15 days from the date of licensing of foreign law firms established new, foreign law firms please merge back the license must submit to the Ministry of Justice, the registration Paper work for the Justice Department, filed back seal for the competent authorities to grant the seal.
8. merger procedures of foreign law 8.1. One or more foreign law firms can be incorporated into a foreign law firm. In the case of the merger made a shift in the content of the foreign law firms established merged, then the company must implement procedures changing the content license under the provisions of article 23 of Decree No. 87/2003/ND-CP. 8.2. Within 15 days from the date of the merger, the merger of the foreign law firm must pay back the license to the Ministry of Justice, the registration Paper work for the Justice Department, filed back seal for the competent authorities to grant the seal.
9. Regarding the suspension of operation of organized foreign lawyers practice in Vietnam

9.1. In case of the unilateral decision to suspend, then held the foreign lawyers practice in Vietnam must send written notification of suspension of operations for the Department of Justice is slow for 30 days, before the plan to suspend operations. Notification of suspension of operations must clearly indicate the reason and duration of planned suspension of activities.
The time limit for each suspended operation of the organized practice of foreign lawyers in Vietnam for a maximum of one year and can be considered renewed once no more than a year.
9.2. In the case of organized foreign lawyers practice in Vietnam suspended operations due to the sanctioned administrative offense in the form of suspension of the activity has a time limit, the duration of the pause operation is recorded in the decision sanctioning administrative violations.
10. On receipt of the Vietnam lawyers 10.1. When the Vietnam lawyers to the practice, organization of practice of foreign lawyers in Vietnam dispatched foreign lawyers or solicitors Vietnam responsible that the lawyers guide.
10.2. the Vietnam lawyers practising in the organized practice of foreign lawyers in Vietnam is not involved in the proceedings as the excuses, who represents clients before courts of Vietnam.
The lawyers made legal advice and other legal services for clients as assigned counsel's instructions when customer agrees and is responsible for the quality of work that I made before the lawyers guide and organize the foreign lawyers practice in Vietnam. The lawyer was not signed the legal text.
11. Regarding the scope of practice of foreign lawyers in Vietnam 11.1. Foreign lawyers have been licensed to practise in Vietnam and Bachelor of law of Vietnam, the Ministry of Justice level certificate of qualified legal advice on Vietnam.
11.2. Application for certificate of eligibility consult on Vietnam law includes the following papers: a) an application for the certification of qualified legal advice on Vietnam;
b) replica diploma College of law of Vietnam;
c) licensed copy of foreign lawyer in Vietnam.
11.3. within 30 days from receipt of valid records, the Ministry of Justice level certificate of qualified advice on Vietnam law for foreign lawyers; in case of refusal, it must clearly state the reason in writing.
11.4. qualified certificate to advise on the law of value in term of Vietnam licensed in Vietnam foreign Attorney's that effect.
12. About checking on the Organization, the Organization's activities of foreign lawyers practice in Vietnam 12.1. Recurring annually, the Justice Department conducted checks on the Organization and operation of the organized practice of foreign lawyers in Vietnam.
The Justice Department can conduct unscheduled inspections at the request of the Ministry of Justice or the people's committees, the central cities.
12.2. The inspection was announced for the Organization of practice of foreign lawyers in Vietnam 7 days before conducting the inspection, except where unscheduled inspections.
12.3. Organized foreign lawyers practice in Vietnam are accepted the decision to test and create favorable conditions for the inspection.
13. About 13.1 report mode. Six months and annually, hosted foreign lawyers practice in Vietnam must report in writing on the Organization and its activities for the Department of Justice and the Ministry of Justice. 6 month report was submitted on October 1, and reported five sent before 31 March of the following year.
13.2. In case of need, the Ministry of Justice may request the Organization of practice of foreign lawyers in Vietnam reported irregular about the Organization and operation of the organized practice of foreign lawyers in Vietnam.
14. Regarding the regime rewarded foreign lawyers, held a foreign lawyer practicing in Vietnam 14.1. Foreign lawyers, organized foreign lawyers practice in Vietnam continued practice in Vietnam from 5 years and over, have outstanding achievements in business and contributions in the field of cooperation with the Agency, the Organization of Vietnam is considering rewarding.
14.2. procedure and form of reward is made according to the provisions of the law.
15. transitional provisions About 15.1. Foreign lawyer organizations were licensing the latest branch in Vietnam under the provisions of Decree No. 92/1998/ND-CP that the license is valid, then continued the practice until the license expired.
After the license expired that foreign lawyer organizations want to continue practicing in Vietnam in the form of branch it must have sent the application please return the license branch. Within a period of 30 days from the date of receiving the application, the Ministry of Justice return the license agreement short branch in the form of licensing the new branch.
After the new license, the Branch performs the procedure of registration, newspaper, reported on the establishment as defined in article 21, article 22 of Decree No. 87/2003/ND-CP; within 15 days, return the license branch for the Ministry of Justice, the Registration Certificate has been issued under the provisions of Decree No. 92/1998/ND-CP for the Justice Department.
15.2. The organization of foreign lawyers has been the Justice Department granted a license to put branches in Vietnam under the provisions of Decree No. 92/1998/ND-CP wish to convert branch into foreign law firms, they must have a profile please switch to send the Ministry of Justice.
Application Converter includes the following papers: a) an application for conversion of branches into the company of foreign law;
b) copy most recent branch in Vietnam;
c) Charter of foreign law firms;
d) sent the Director of the foreign law firms.
Within a period of 30 days from the date of receipt of a valid application and fees, the Justice Department approved the conversion form for licensing of foreign law firms established; in case of refusal, it must clearly state the reason in writing.
After being licensed, foreign law firms implement procedures for registration, posting report, the notice about the establishment as defined in article 21, article 22 of Decree No. 87/2003/ND-CP; within 15 days, return the license branch for the Ministry of Justice, the registration Paper work for the Justice Department, filed back seal for the competent authorities to grant the seal.
Foreign law firms are entitled to the rights and legitimate interests, responsibility for unpaid debts, the legal service contracts are made, labor contracts signed with lawyers, labor employee and the obligations of the other assets of the branch after the transition.
15.3. for Bachelor of laws the Vietnam law consulting practice in the branch of the foreign lawyer organizations as stipulated in Decree No. 92/1998/ND-CP, then the practice of legal advice in the branch before the Decree No. 87/2003/ND-CP effect is calculated in the time prescribed by Ordinance the Attorney When that person joined the Union lawyer.
From the date of Decree 87/2003/ND-CP DATED effect, the regulation of the practice of legal advice in organizing foreign lawyers practice in Vietnam only applies to the lawyer of the Union lawyer Vietnam according to the provisions of article 34 of Decree No. 87/2003/ND-CP. Bachelor of laws Vietnam was working to organize the water practicing lawyers also in Vietnam as workers under the provisions of the labour legislation.
16. Attached to this circular form of the following:

16.1. a) application to establish a branch of the organization law of the foreign country (model No. 1a);
b) application to establish a foreign law firm (1b);
c) application for the establishment of partnership law firms abroad and the Vietnam (1 c);
16.2. Application for establishing branches of foreign law firms, law firm partnership and Vietnam (form No. 2);
16.3. The application of foreign law firm merge (form No. 3);
16.4. the conversion of single branch establishment of foreign law (4);
16.5. The application to change the content of the license branch, foreign law firms, law firm partnership and Vietnam (5);
16.6. Application for a license to practice in Vietnam by foreign lawyers (6);
16.7. The application for the certification of qualified legal advice on Vietnam (model No. 7);
16.8. a) license branches of foreign lawyers organization in Vietnam (model No. 8a);
b) permit foreign law firms established in Vietnam (model No. 8b);
c) license to establish partnership law firms abroad and Vietnam (8 c);
16.9. a) active registration of branches of foreign lawyers organization in Vietnam (9a);
b) registration operation of foreign law firms in Vietnam (9b);
c) registration activities of partnership law firms abroad and Vietnam (model No. 9 c);
16.10. the registration Paper of the branch of the foreign law firms, branches of foreign partnership law firm and Vietnam (form 10);
16.11. Licensed in Vietnam by foreign lawyers (model No. 11);
16.12. Certificate of qualified legal advice on Vietnam (model No. 12);
16.13. a) notification of content changes of license branch, foreign law firms, law firm partnership and Vietnam (model No. 13a);
b) notification of suspension of operations of the branch, foreign law firms, law firm partnership and Vietnam (model No. 13b);
c) notice of the termination of the activities of the branch, foreign law firms, foreign companies and Vietnam (13 c);
16.14. a) to report on the situation of the Organization and activities of the branch, foreign law firms, law firm partnership and Vietnam (model No. 14a);
b) report by the Justice Department about the Organization and activities of the organizations of foreign lawyers practising in local (model No. 14b).
17. Effective enforcement of this circular effect after 15 days from the date The report.
This circular replaces circular No. 8/1999/TT-BTP on 13 February 1999 the Ministry of Justice's guide the implementation of some provisions of Decree No. 92/1998/ND-CP dated 10 November 1998 from the Government about the legal practice of foreign lawyers organization in Vietnam and circular No. 02/2000/TT-BTP on 23 March 2000 by the Ministry of Justice direction termination procedures guide the activity of branches of foreign lawyers organization in Vietnam.