| MINISTRY OF INDUSTRY AND TRADE | SOCIALIST REPUBLIC OF VIETNAM |
| No. 243/QD-BCT | Hanoi, February 24, 2022 |
DECISION
PROMULGATING REGULATION ON GUIDELINES ON RECOGNITION OF ORGANIZATIONS AND INDIVIDUALS OF THE LEGAL COUNSELOR NETWORK PROVIDING LEGAL ASSISTANCE FOR SMALL AND MEDIUM-SIZED ENTERPRISES OF INDUSTRY AND TRADE AUTHORITIES
THE MINISTER OF INDUSTRY AND TRADE
Pursuant to the Law on Provision of Assistance for Small and Medium-Sized Enterprises dated June 21, 2017;
Pursuant to the Government's Decree No. 80/2021/ND-CP dated August 26, 2021 on elaborating and providing guidelines on the implementation of a number of Articles of the Law on Provision of Assistance for Small and Medium-Sized Enterprises;
Pursuant to the Government’s Decree No. 55/2019/ND-CP dated June 24, 2019 on providing legal assistance for small and medium-sized enterprises;
Pursuant to Decree No. 98/2017/ND-CP dated August 18, 2017 of the Government on functions, duties, entitlements, and organizational structure of the Ministry of Industry and Trade;
At the request of the Director of Department of Legal Affairs.
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Article 1. The Regulation on guidelines on recognition of organizations and individuals of the legal counselor network providing legal assistance for small and medium-sized of industry and trade authorities is promulgated together with this Decision.
Article 2. This Decision comes into force as of its date of signing and replaces Decision No. 3496/QD-BCT dated December 29, 2020 of the Minister of Industry and Trade promulgating regulations on recognition of organizations and individuals of the legal counselor network providing legal assistance for small and medium-sized enterprises of industry and trade authorities.
Article 3. Chief of Ministry Office, Director of Department of Legal Affairs, Heads of units of the Ministry, and related organizations and individuals shall implement this Decision./.
MINISTER
Nguyen Hong Dien
REGULATION
GUIDELINES ON REGCONITION OF ORGANIZATIONS AND INDIVIDUALS OF THE LEGAL COUNSELOR NETWORK PROVIDING LEGAL ASSISTANCE FOR SMALL AND MEDIUM-SIZED ENTERPRISES OF INDUSTRY AND TRADE AUTHORITIES
(Promulgated with Decision No. 243/QD-BCT dated February 24, 2022 of the Minister of Industry and Trade)
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1. This Regulation provides for the procedure for the access, recognition, announcement of organizations and individuals of the legal counselor network providing legal assistance for small and medium-sized enterprises of industry and trade authorities (hereinafter referred to as “the legal counselor network of industry and trade authorities”).
2. This Regulation applies to:
a) Agencies and units affiliated to the Ministry of Industry and Trade;
b) Organizations and individuals participating in the legal counselor network of industry and trade authorities (hereinafter referred to as “organizations and individuals");
c) Other related organizations and individuals.
Article 2. The legal counselor network of industry and trade authorities
The legal counselor network of industry and trade authorities is a part of the counselor network according to the Law on Provision of Assistance for Small and Medium-Sized Enterprises, including organizations and individuals eligible for providing legal counselor services as per regulation of the law and such organizations and individuals must voluntarily announce their participation and are publicly announced by the Ministry of Industry and Trade for providing legal assistance for small and medium-sized enterprises of industry and trade authorities.
Article 3. Recognition and announcement of organizations and individuals of the legal counselor network of industry and trade authorities
1. Organizations and individuals shall prepare applications for voluntary participation in the legal counselor network of industry and trade authorities according to regulations prescribed in Point b Clause 1 Article 13 of the Government’s Decree No. 80/2021/ND-CP dated August 26, 2021 elaborating some Articles of the Law on Provision of Assistance for Small and Medium-Sized Enterprises (Decree No. 80/2021/ND-CP) and send them to the Ministry of Industry and Trade (via Department of Legal Affairs) at the address: 23 Ngo Quyen Street, Trang Tien Ward, Hoan Kiem District, Hanoi.
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- Form No. 1: Summary of individual’s capacity.
- Form No. 1: Summary of organization’s capacity
2. If the application is complete and valid as prescribed in Clause 1 of this Article, the Director of Department of Legal Affairs shall sign on behalf of the Minister of Industry and Trade the decision on recognition of an organization or individual of the legal counselor network of industry and trade authorities. If the Director of Department of Legal Affairs assigns his/her deputies to do such task, he/she shall comply with the Regulation on clerical work of the Ministry of Industry and Trade.
3. After being recognized as members of the legal counselor network of industry and trade authorities and announced on the Electronic Information Portal of industry and trade authorities, counselors shall access https://business.gov.vn/home to register in the database of the counselor network and provide counseling for small and medium-sized enterprises as per regulation.
Article 4. Access to the legal counselor network of industry and trade authorities
1. Small and medium-sized enterprises shall access the legal counselor network of industry and trade authorities on the Electronic Information Portal of industry and trade authorities; Industry and Trade Legal Information Website; https://business.gov.vn/home to select suitable legal counselors.
2. The support for legal counseling costs regarding cases and difficulties shall be in accordance with Article 9 of Decree No. 55/2019/ND-CP dated June 24, 2019 of the Government on legal assistance for small and medium-sized enterprises and guidance of the Ministry of Finance (if any).
Article 5. Changing information of organizations and individuals of the legal counselor network of industry and trade authorities
1. If there are changes in the information of organizations and individuals in the decision on recognition of organizations and individuals of the legal counselor network of industry and trade authorities, organizations and individuals shall send written notifications to the Ministry of Industry and Trade (via Department of Legal Affairs) for update and adjustment as per regulation.
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In case organizations or individuals of the legal counselor network of industry and trade authorities no longer satisfy conditions to perform legal counseling as per regulation of the law or have their Lawyer Card or Legal Counselor Card revoked, they shall notify the Ministry of Industry and Trade in writing (via Department of Legal Affairs) for deletion of their names in from the legal counselor network of industry and trade authorities.
Article 6. Implementation
1. The Department of Legal Affairs shall be the focal agency for receiving applications for voluntary participation of organizations and individuals, carrying out the recognition, and announcing the legal counselor network of industry and trade authorities in accordance with the law and this Regulation.
2. The Ministry Office and affiliates of the Ministry shall cooperate with the Department of Legal Affairs in recognizing and publicly announcing the legal counselor network of industry and trade authorities.
3. The Finance and Business Innovation Department and Ministry Office shall allocate the budget to provide support for legal consultancy costs for small and medium-sized enterprises of industry and trade authorities as prescribed in Article 9 of Decree No. 55/2019/ND-CP dated June 24, 2019 of the Government and this Regulation.
4. In case cited documents or names of units in this Regulation are replaced or amended, the latest document shall apply.
5. Difficulties that arise during the implementation of this Decision shall be reported to the Ministry of Industry and Trade (via Department of Legal Affairs) for guidance and settlement./.
Form No. 1
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I. GENERAL INFORMATION
1. Full name (uppercase letters): ………… 2. Male/Female:…………3. Nationality:………
4. Date of Birth: ……………..……………5. ID/ Citizen’s Card/ Passport No. : ...................
6. Issuance date: …....…………..……….…….7. Place of issuance:…………………………
8. Training level1:………………………….9. Profession2: ……………………………………..
10. Lawyer Card/ Legal Counselor Card No. :………………………………………………….
11. Workplace:……………………………………………………………………………………..
12. Specialized counselling field3:………………………………………………………………..
13. Foreign language (if any) :……………………………………………………………………
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15. Phone number: …………………………………………16. Email address:……………….
II. INFORMATION ON CAPACITY AND EXPERIENCE
1. Training progress4
From date to date
Name of the school or training facility
Training field
Level of degree or certificate
Number of degree or certificate
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2. Working progress5
From date to date
Workplace
Position
Job in charge
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3. Information on customers and typical legal counseling cases6
No.
Customers' names
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Name and details of the case
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III. COMMITMENT
I hereby guarantee that the above-declared content is truthful and will take legal liability for the above-declared content./.
Location, date
Applicant
(Signature and full name)
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2Specify the profession at the time of registration (lawyer/legal counselor).
3List specialized counseling fields.
4Only list related degrees or certificates.
5Only list jobs related to legal counseling.
6Select information for declaration suitable for Point c Clause 1 Article 3 of this Regulation.
Attention: The applicant shall sign every page of the Summary of Individual’s Capacity.
Form No. 2
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I. GENERAL INFORMATION
1. Name of the organization (uppercase letter):………………………………………………………………………
2. Full name of the legal representative: :………………….3. Position:……………………..
4. Business registration/Establishment decision No. :………………………………………..
5. Issuance date: …....…………..……….…….6. Issuance agency:…………………………
7. Specialized counselling field8:…………………………………………………………………
8. Counseling language9:…………………………………………………………………………
9. Headquarter address:………………………………………………………………………….
10. Phone number:……………………… 11. Fax:……………….. 12. Email:……………….
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1. Information on customers and typical legal counseling cases
No.
Customers' names
Nationality
Name and details of the case
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2. List and capacity of individuals of the organization participating in the counseling10
No.
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Position
Counseling field
Number of Lawyer Card/ Legal Counselor Card
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III. COMMITMENT
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Location, date
Legal representative of the organization
(Full name, position, signature, and seal)
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7Write the name of the organization.
8List specialized counseling fields.
9Write the language that is used in counseling (Vietnamese, English, etc.)
10Declare according to requirements of the organization and only include lawyers or legal counselors of the organization.
[1]1Example: Lawyer Nguyen Van A; Legal Counselor Nguyen Van B; etc.
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Attention: The organization shall use an overlapping seal on every page.
File gốc của Decision No. 243/QD-BCT dated February 24, 2022 on promulgating regulation on guidelines on recognition of organizations and individuals of the legal counselor network providing legal assistance for small and medium-sized enterprises of industry and trade authorities đang được cập nhật.
Decision No. 243/QD-BCT dated February 24, 2022 on promulgating regulation on guidelines on recognition of organizations and individuals of the legal counselor network providing legal assistance for small and medium-sized enterprises of industry and trade authorities
Tóm tắt
| Cơ quan ban hành | Bộ Công thương |
| Số hiệu | 243/QD-BCT |
| Loại văn bản | Quyết định |
| Người ký | Nguyễn Hồng Diên |
| Ngày ban hành | 2022-02-24 |
| Ngày hiệu lực | 2022-02-24 |
| Lĩnh vực | Doanh nghiệp |
| Tình trạng | Hết hiệu lực |