In Vietnam, do all members of a law firm have to be lawyers?
In Vietnam, is it compulsory for all members of a law company to be lawyers?
Pursuant to Article 34 of the Law on Lawyers in 2006 stipulating law firm in Vietnam as follows:
1. Law firms include law partnerships and limited liability law firms. Law firms' members must be lawyers.
2. A law partnership must be set up by at least two lawyers. Law partnerships do not have capital-contributing members.
3. Limited liability law firms include limited liability law firms with two or more members and one-member limited liability law firms.
A limited liability law firm with two or more members must be set up by at least two lawyers.
A one-member limited liability law firm is set up by one lawyer who is also the owner of the firm.
4. Members of a law partnership or limited liability law firm with two or more members shall reach agreement to nominate one of them to be the firm's director. The lawyer who owns a one-member limited liability law firm is the firm's director.
5. The names of law partnerships or limited liability law firms with two or more members shall be selected and agreed upon by all members; the names of one-member limited liability law firms shall be selected by the firms' owners in accordance with the Enterprise Law, which, however, must contain the phrase "cong ty luat hop danh" (law partnership) or "cong ty luat huu han" (limited liability law firm), must not be identical to, or cause confusion with, the names of other registered law-practicing organizations, and must not contain words, phrases or symbols against the historical, cultural or ethical traditions as well as fine customs of the nation.
As regulations above, law firms' members must be lawyers. In your case, all members in your L limited liability law firm are also lawyers.
What are regulations on registration of operations of law-practicing organizations in Vietnam?
Pursuant to Article 34 of the Law on Lawyers in 2006 stipulating registration of operations of law-practicing organizations in Vietnam as follows:
1. A law-practicing organization shall register its operations at the provincial/municipal Justice Service of the locality where exists the bar association of which the chief of the lawyer's office or the director of the law firm is a member. A law firm jointly set up by lawyers of different bar associations shall register its operations at the provincial/municipal Justice Service of the locality where the firm is based.
2. Law-practicing organizations shall send operation registration dossiers to the provincial/municipal Justice Services. Such a dossier comprises:
a/ A written request for operation registration, made according to a set form;
b/ A draft charter of the law firm;
c/ 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.
d/ Papers evidencing the headquarters of the law-practicing organization.
3. 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.
4. A law-practicing organization may start operation on the date it is granted the operation registration paper.
Within 7 working days after being granted the operation registration paper, the chief of the lawyer's office or the director of the law firm shall give a written notice together with a copy of the operation registration paper to the bar association of which he/she is a member.
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Lê Tấn Phát