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Administrative procedures

Procedure 01: Register a legal consultancy center
Update day:09-12-2016

 

Order of execution

Step 1: The representative of the Legal consultancy center prepares an application and documents as stipulated and submits them at the Division of Receiving and Returning Results of administrative documents (the One-Stop Division) – Hanoi City Department of Justice.

Step 2: An officer receives and inspects the documents as submitted:

+ If the documents are submitted in full as stipulated, receive and issue a return note.

+ If the documents are not submitted in full as stipulated, guide the organization to supplement and complete documents as stipulated.

+ If the documents are not under the jurisdiction of the unit, guide the organization to the competent agency as stipulated.

Step 3: An one – stop officer inputs the documents into the book and transfers them to the Judicial Support Division for solving as stipulated.

Step 4: The Judicial Support Division receives, inspects and handles the documents as stipulated.

Where any issue to be certified arises in the course of settlement, notify the One – Stop Division of giving a notice to the organization or re-notifying time for returning results.

Step 5: After results are available, the Judicial Support Division transfers them to the One- Stop Division to provide results to the organization according to the return note.

 

Methods of implementation

Method 1: An applicant submits documents directly to the Division of Receiving and Returning Results of administrative documents – Hanoi City Department of Justice.

Method 2: An applicant can submit documents via the post system.

Note: Documents to be submitted shall be verified under the regulations of the law.

Place of receiving documents: The Division of Receiving and Returning Results of administrative documents (the One-Stop Division) – Hanoi City Department of Justice.

Add: No 1B Tran Phu, Ha Dong, Hanoi

Tel:  0433.546.151 or 0433.546163

 

Composition of documents

1. An application (form TP-TVPL-01);

2. Decision of the management organization or agency for establishment of a legal consultancy center; appointment of a Director of such legal consultancy center;

3. Draft of regulations of organization and operation of the Legal Consultancy Center issued by the management organization or agency, including main contents as stipulated in Article 4 of Circular No. 01/2010/TT-BTP.

4. A list attached to documents of an applicant to issue a card of Legal Consultant, Lawyer according to the labor contract for the center, where:

Documents of the Consultant including:

- Request of issuing a card of legal consultant;

- Copy of Bachelor’s degree in law

- CV;

- Confirmation of working process

- 02 2cm x 3cm photos

Documents of the Lawyer including:

- Copy of Certificate of Lawyer Practice together with legal status under the regulations of the Law on Lawyers.

- Copy of the labor contract signed by the lawyer and the Legal Consultancy Center or written commitment of the management organization or agency for recruiting such lawyer to work in the Center (if the labor contract is not signed).

 

Quantity

01 set

 

Term of settlement

05 working days after receiving all legal documents.

 

Object of implementation

Legal Consultancy Centers are located in Hanoi.

 

Implementing agency

- The agency competent to decide: Hanoi City Department of Justice

- The agency implementing directly: Judicial Support Division

 

Results of implementation

- Operation Registration Certificate of the Legal Consultancy center; Consultant’s Card (if any).

In the case of refusal, Department of Justice shall give a written notice containing reasons of such refusal. The Center can offer a claim as stipulated.

 

Fee

None

 

Name of form

- An application (formTP-TVPL-01)

Download from website: www.sotuphaphanoi.gov.vn

 

Requirements, conditions of implementation

 

 

1. The Legal Consultancy Center shall have at least 02 legal consultants or a legal consultant and a lawyer with legal status under the contract or two lawyers with legal status under the labor contracts.

2. Director of the Center shall be a legal consultant or a lawyer with legal status under the labor contract.

 

Legal bases

1. Decree No 77/2008/ND-CP dated July 16, 2008 of the Government on legal consultancy;

2. Decree No 05/2012/ND-CP dated February 02, 2012 of the Government on amending and supplementing some articles of Decrees on registering transactions of guarantee, legal support, lawyers and legal consultancy.

3. Circular No 01/2010/TT-BTP dated February 09, 2010 of Ministry of Justice detailing and guiding implementing some articles of Decree No. 77/2008/ND-CP;

4. Circular No. 19/2011/TT-BTP dated October 31, 2011 of Ministry of Justice on amending and supplementing some regulations of administrative procedures of Circular No. 05/2008/TT-BTP dated September 2, 2008; Circular No. 03/2008/TT-BTP dated August 25, 2008 and Circular No 01/2010/TT-BTP dated February 09, 2010 of Ministry of Justice.

 

 

 

 

 

 

 

Form TP-TVPL- 01

 

SOCIALIST REPUBLIC OF VIETNAM

 

Independence – Freedom – Happiness



 

 

OPERATION REGISTRATION APPLICATION OF LEGAL CONSULTANCY CENTER

To: Hanoi City Department of Justice

Legal Consultancy Center (full name):…………………………...........................

…………………………………………………………….………… established under Decision No:……………..............dated............./……….../......................of ………………………………...............

Registers its operations as follows:

1. Full name of the Legal Consultancy Center (Insert in capital letters):

.......................................................................................................................................................

Short name (if any):………………........................................................................................

2. Head office:.....................................................................................................................

Tel:.....................................Fax:.................................Email:.......................................

 

3. Director of the Center:

Full name:....................................................................Gender...........................

Date of birth:........../........./....................  ID card No:....................................... issued on day....... month....... year......... in:..........................................................................

Legal consultant’s card (Certificate of Lawyer Practice) No:......................................

........................................................issued on:................/................/....................

4. Scope of operation:

................................................................................................................................................

 

5. List of legal consultants, lawyers and other employees:

- Full name:.....................................................................Position:......................................

- Full name:.....................................................................Position:......................................

- Full name:.....................................................................Position:......................................

The Legal Consultancy Center commits to comply with the laws and perform all of its obligations under the regulations of the law.

 

 

Hanoi, day   month    year

 

DIRECTOR

 

(Signature and full name)

 

 

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