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Administrative procedures

Procedure 04: Issue legal consultant’s card
Update day:09-12-2016

 

Order of execution

Step 1: The center or its branch (for registration of operations or supplement of legal consultants) prepares 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 inspect 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: A  submits documents directly to the Division of Receiving and Returning Results of administrative documents – Hanoi City Department of Justice.

Method 2: A  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. Request of issuing a card of legal consultant;

2. Copy of Bachelor’s degree in law

3. Confirmation of working process of the proposed person

4. 2x 3cm photos

 

Quantity

01 set

 

Term of settlement

05 working days after receiving all legal documents.

 

Object of implementation

- Person requiring to issue legal consultant’s card;

- The Legal Consultancy Centers or their branches are located in Hanoi (for registering operations or supplementing legal consultants).

 

Implementing agency

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

- The agency implementing directly: Judicial Support Division

 

Results of implementation

- Legal consultant’s card;

In the case of refusal, Department of Justice shall give a written notice containing reasons of such refusal.

 

Fee

None

 

Name of form

- Request of issue legal consultant’s card (From TP-TVPL- 05).

Download from website: www.sotuphaphanoi.gov.vn

 

Requirements, conditions of implementation

 

 

1. Standards of a legal consultant:

- Be a Vietnamese citizen residing in Vietnam;

- Have enough civil behaviors, good qualities and morality; not take any criminal responsibilities or not sentenced without release.

- Have bachelor’s degree in law;

- Have legal working process within 03 years or more.

2. The Legal Consultant is allowed to act in the whole country. He/she only works at one Legal Consultancy Center or its branch; can take another office of the management organization or agency at the same time but shall ensure such office does not affect legal consultancy.

Note: Officers who are working in the State administrative agencies, People’s Courts, People's Procuracies are not granted with legal consultants’ cards.

 

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- 05

 

SOCIALIST REPUBLIC OF VIETNAM

 

Independence – Freedom - Happiness



 

 

REQUEST

 

OF ISSUING LEGAL CONSULTANT’S CARD

      To: Hanoi City Department of Justice

Legal Consultancy Center (or its Branch):………………………………………….

Center (Branch) Establishment Decision No:...........................dated....../….../.........

of ……………………...............................................................................................................

Head office:………………………............................................................

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

Would like to propose Department of Justice to issue legal consultant’s card for a person as mentioned below:

- Full name…….............................……………………….Gender…………….

- Date of birth……./……/……………in province/city: .............……………

- ID card No:…………………………

 

(Note: prepare a list for 02 person or more)

Working place (Insert name of Legal Consultancy Center or Branch):……………....

…………………………...............................................................................................................

.....set of the following attachements.

1………………………………………………………………………

2……………………………………………………………………………

 

 

Hanoi, day....month....year....

 

DIRECTOR OF CENTER/BRANCH

 

(Signature and full name)

 

Attachments:

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