Công ty hợp danh hoạt động trong lĩnh vực cung cấp dịch vụ pháp lý theo pháp luật việt nam tt tiếng anh

MINISTRY OF EDUCATION

MINISTRY OF JUSTICE

AND TRAINING
HANOI LAW UNIVERSITY

DONG THAI QUANG

THE PARTNERSHIP OPERATING IN THE SUPPLY OF
LEGAL SERVICES UNDER VIETNAM LAW
Specialty: Economic law
Code: 938 01 07

SUMMARY OF DOCTORAL THESIS IN LAW

Hanoi - 2019


The Project has been completed at:
HANOI LAW UNIVERSITY

Scientific instructors:
1. Dr. Nguyen Am Hieu
2. Assoc. Prof. Dr Tran Ngoc Dung

Reviewer 1: Assoc. Prof. Dr Tran Dinh Hao
Reviewer 2: TS. Bui Ngoc Cương
Reviewer 3: TS. Dong Ngoc Ba

The thesis will be defended in front of the University-level thesis

evaluation

council

at

at:…./…../….dated…./……/…..
The thesis can be found out at:
1) National Library of Vietnam
2) Library of Hanoi Law University

Hanoi

Law

University


1
INTRODUCTION
1. Rationale of the topic
Currently, the provisions of the law on the partnership in
general and the partnership operating in the supply of legal services
in particular, are still quite sketchy and unclear in some points,
which fails to meet the diversification of business forms for
attraction of investment capital into the market, specifically: The
concept on the partnership is inadequate; the regulations on “the
partnership operating in the supply of legal services” are unspecific;
the reorganization and termination of operation of the partnership
operating in the supply of legal services are incomplete, etc. Facing

these shortcomings, a deep and basic study on “the partnership
operating in the supply of legal services” and law on this issue
should be made to solve the theoretical and practical issues for
improvement of regulations on market in general and the law on
business entities in particular, For the above reason, the writers
chooses the issue “the partnership operating in the supply of legal
services” as the topic of his doctoral thesis.
2. Object and scope of the thesis study
*Object of the study
The main study object of the thesis: (1) The legal provisions on
organization and operation of the partnership operating in the supply
of legal services under Vietnam law; (2) Legal provisions of some
countries in the world.
*Scope of the study
- In terms of the content, the writer focuses on clarifying
theoretical issues as well as the real situation of Vietnam laws on the
partnership operating in the supply of legal services;


2
- In terms of space, the writer mainly focuses on studying the
domestic legal regulations; however, there is analysis, comment and
comparison with some provisions of foreign law;
- In terms of time, the writer studies the process of movement
and development of legal regulations on the partnership operating in
the supply of legal services from the birth of the Ordinance on
Lawyer (2001) and enterprise law (1999).
3. Purposes and tasks of the thesis
* Purpose of the thesis
To provide orientations and solutions for improvement of legal

regulations on the partnership operating in the supply of legal
services.
* Tasks of the thesis
In order to achieve the above purpose, the writer establishes and
performs the following tasks:
- Studying theoretical issues about “the partnership operating in
the supply of legal services” on the basis of comparison and
reference of experiences of some countries in the world to find out
the model of law adjustment in accordance with the conditions and
situation in Vietnam;
- Analyzing and assessing the legal status and enforcement of
the partnership operating in the supply of legal services, expressing
the reasonable and unreasonable points, difficulties and obstacles as
well as their causes;
- Providing orientation and specific solutions for completion of
the law on the partnership operating in the supply of legal services.
4. Methodology and study methods of the thesis
* Methodology of the thesis


3
The writer uses the methodology of dialectical materialism of
Marxism-Leninism, the Party and State's views on economic
development and national construction in the renovation period.
* Study method of the thesis
The research student use specific research methods: (1) Method
of comparative law; (2) Methods of analysis and synthesis. In
addition, other methods such as historical method and statistical
method are also used.
5. New contributions of the thesis

Theoretical contributions:
- Clarifying characteristics of the partnership operating in the
supply of legal services;
- Affirming the role and advantages of the partnership operating
in the supply of legal services against other forms of supply of other
legal services.
- Analyzing the variants of the partnership operating in the
supply of legal services;
- Approaching and studying laws on the partnership operating
in the supply of legal services of some countries in the world.
Practical contributions:
- Analyzing and showing the shortcomings of Vietnam law on
the partnership operating in the supply of legal services;
- Proposing orientations and solutions to improve the law on the
partnership operating in the supply of legal services in Vietnam.
6. Structure of the thesis
In addition to Introduction, Conclusion, List of references, the
thesis includes the overview of the situation of topic study and three
chapters as follows:


4
Chapter 1: Theoretical issues of the partnership operating in the
supply of legal services and law on the partnership operating in the
supply of legal services.
Chapter 2: Real situation of law and practical situation of
implementation of law on the partnership operating in the supply of
legal services in Vietnam.
Chapter 3: Orientation and solutions for improvement of the
law on the partnership in the supply of legal services in Vietnam.

5
Introduction chapter
OVERVIEW OF THE STUDY SITUATION RELATED
TO THE THESIS TOPIC
1. STUDY SITUATION RELATED TO THE THESIS TOPIC
The study results of domestic and foreign scientific works
related to the issues of the thesis will be analyzed and commented by
the author according to the following aspects:
1.1. The theoretical studies on the partnership and law on
the partnership operating in the supply of legal services
The theoretical studies on the partnership operating in the
supply of legal services and laws on activities in the supply of legal
services are grouped into the following issues:
1.1.1. Studies on concepts and characteristics of the partnership;
1.1.2. Studies on legal forms of the partnership;
1.1.3. Studies on legal status of the partnership;
1.1.4. Studies on organizational structure, governance and
representation mechanism of the partnership;
1.1.5. Studies on the partnership operating in the supply of legal
services.
1.2. Studies on the real situation of the law and the practice
of law enforcement on the partnership operating in the supply of
legal services
Such studies are grouped into the following issues:
1.2.1. General studies on the real situation of the partnership
and laws on the partnership;
1.2.2. Studies on the advantages and disadvantages of the
partnership from the organization and operation practices of this

type of company.


6
2. AN OVERVIEW OF STUDY SITUATION RELATED TO
THE THESIS TOPIC
2.1. Some issues related to thesis topic that have been
studied in published scientific works
The writer gives assessments on the following issues:
Firstly, the concept and characteristics of the partnership and
the partnership operating in the supply of legal services;
Secondly, the legal status of the partnership and the partnership
operating in the supply of legal services;
Thirdly, the legal form of the partnership and the partnership
operating in the supply of legal services;
Fourthly, the legal status of the partnership and the partnership
operating in the supply of legal services;
Fifthly, some solutions for completion of the law on the
partnership and the partnership operating in the supply of legal
services in Vietnam.
2.2. Issues related to the thesis topic that have not been
studied and need to be further studied and solved in the thesis
The followings are the issues on “the partnership operating in
the supply of legal services” that have not been clarified and need to
be studied and solved:
Firstly, the concept and characteristics of “the partnership
operating in the supply of legal services”;
Secondly, the role and advantages of the partnership operating
in the supply of legal services;
Thirdly, variations of the partnership operating in the supply of

legal services;


7
Fourthly, legal status and legal form of the partnership
operating in the supply of legal services;
Fifthly,

the

organizational

structure,

governance

and

representation mechanism of the partnership operating in the supply
of legal services;
Sixthly, the members of the partnership operating in the supply
of legal services and their legal responsibilities members for the
consequences of the supply of legal services of the partnership;
Seventhly, the real situation of Vietnam law on the partnership
operating in the supply of legal services
Eighthly, orientations and solutions for improvement of laws on
the partnership operating in the supply of legal services
3. THEORY OF THE STUDY, STUDY QUESTIONS AND
HYPPOTHESIS OF THE THESIS
3.1. Study theory

In order to solve the issues of the thesis topic, the writer uses
the following main theories: Theory of the partnership; Theory of
legal services; Theory of legal entity.
3.2. Study questions
The thesis is responsible for solving the following study
questions:
1) What is the concept and characteristics of the partnership
operating in the supply of legal services? Why are legal services
implemented by the partnership?
2) What is the partnership’s role in the supply of legal services?
What are the advantages of the partnership against other types of
entities in the supply of services?


8
3) What are the variations of the partnership operating in the
supply of legal service? What is the experience of countries in the
adjustment of law for the partnership that provides legal services and
what can Vietnam learn from the experience of countries around the
world?
4) What is the legal status of the partnership operating in the
supply of legal service? How is the practice of enforcement of such
regulations?
5) What are the shortcomings of the law on the partnership
operating in the supply of legal service in Vietnam?
6) Orientation and some solutions for improvement of the law
on the partnership operating in the supply of legal service in
Vietnam?
3.2. Study hypothesis
The thesis is based on the following hypothesis:

Legal science has not clarified the theoretical and practical
issues on the partnership operating in the supply of legal services
and law on the partnership operating in the supply of legal services
in Vietnam.
Conclusion
The results of the study, analysis and assessment of the real
situation of published scientific works show that: The study projects
in the world as well as in Vietnam mainly focus on the partnership in
general while the partnership operating in the supply of legal
services is rarely mentioned. The issue “The partnership operating in
the supply of legal services” seems to have not been properly
concerned and studied.


9
Chapter 1
THEORETICAL ISSUES ABOUT THE PARTNERSHIP
OPERATING IN THE SUPPLY OF LEGAL SERVICES AND
LAWS ON THE PARTNERSHIP OPERATING IN THE
SUPPLY OF LEGAL SERVICES
1.1 Theoretical issues about the partnership operating in
the supply of legal services
1.1.1. Overview of legal services
1.1.1.1. Concept of legal service
Instead of defining legal services, The WTO only lists the types
of legal services including: Representation services and legal advice
in various legal fields (8611); representation services and legal
advice on criminal law (86111); representation services and advice
in legal procedures related to other legal fields (86119);
representation services and legal advice in legal proceedings before

semi-judicial

and

administrative

judicial

agencies

(CPC

8612/86120); services of legal and notary papers (CPC 8613/86130);
other legal advice and information services (CPC 8619/86190).
In Vietnam, the researchers still have different and inconsistent
understandings of the concept of legal service. However, the thesis
writer has the opinion that: Legal service is a form of conditional
business conditions, in which the service suppliers supplies legal
information, advice, answers to law issues and performs other jobs
related to the law for customers with the aim of seeking profits.
1.1.1.2. Characteristics of legal service
Legal service has the following basic characteristics: Firstly,
legal services are closely connected with the law; Secondly, the


10
suppliers of legal service must have legal expertise; Thirdly, the
quality of legal service is difficult to be identified and easily copied.
1.1.2. Concepts and characteristics of partnerships operating
in the supply of legal service

1.1.2.1. Concept of the partnership operating in the supply of
legal services
The partnership operating in the supply of legal service is
established based on the association of at least two lawyers and
jointly conduct business activities as co-owners aimed at seeking
profit. The members must bear personal, unlimited, and joint
responsibilities for all debts of the partnership.
1.1.2.2. Characteristics of the partnership operating in the
supply of legal services
The partnership operating in the supply of legal services have
some points on: (i) Members; (ii) Asset liability of members; (iii)
Legal status; (iv) Power division mechanism in the partnership.
1.1.3. Roles and advantages of the partnership operating in
the supply of legal services
1.1.3.1. Role of the partnership operating in the supply of legal
services
The partnership operating in the supply of legal service keeps
the role of: (1) A tool for lawyers to practise their profession to
achieve their goals; (2) A form of business that can limit the risks to
customers by attaching the risk of the customers to the risks of the
service suppliers (the regime of unlimited liability of the company
members).


11
1.1.3.2. Advantages of the partnership operating in the supply
of legal service against other entities involving in supply of legal
services
The partnership operating in the supply of legal services has
relatively large advantages compared to other organizations that

supply legal services such as: (1) Being trusted more by customers
because the members' liability regime is unlimited; (2) The
organizational structure is compact, flexible with the law’s little
interference in internal management; (3) Promoting collective
intelligence and factors such as prestige and experience, etc.
1.1.4. Specific variants of the partnership operating in the
supply of legal services
Currently, Vietnam law only recognizes the common
partnership to be a unique form of the partnership operating in the
supply of legal service; However, the laws of many countries around
the world have regulated many different variants of the partnership
operating in the supply of legal service in which two of the most
important variants are limited law partnership and limited liability
law partnership.
1.2. Law on the partnership operating in the supply of legal
services
1.2.1. Concepts, characteristics and main contents of the law
on the partnership operating in the supply of legal services
The law on the partnership operating in the supply of legal
service is a system of legal regulations, promulgated or recognized
by the State in order to adjust social relations arising in the process
of establishment, operation and termination of the partnership.


12
The law on the partnership operating in the supply of legal
service has the following two characteristics: Firstly, the law on the
partnership operating in the supply of legal service stipulated in
enterprise

law,

law

on

lawyers

and

documents

guiding

implementation; Secondly, legal regulations on the partnership
operating in the supply of legal services mainly related to the nature
of professional activities of lawyers.
The law on the partnership operating in the supply of legal
service, including the following main contents: (1) Regulations on
the legal nature of the partnership (2) Regulations on establishment
and operation registration; (3) Regulations on membership of the
company; (4) Legal regulations on organizational structure,
governance and representation mechanism of the company; (5)
Regulations on partnership capital; (6) Regulations on rights and
obligations of the partnership; (7) Regulations on reorganization and
termination of the partnership.
1.2.2. The role of law on the partnership operating in the
supply of legal services
The laws on the partnership operating in the supply of legal
service have the following roles: Firstly, creating a legal framework

for investors to exercise their freedom in the business of legal
service; Secondly, guaranteeing the ownership of capital and assets
in business of investors; Thirdly, being a basis to ensure that
business activities of legal services are legally implemented;
Fourthly, recognizing the diversity of investment forms in a market
economy, increasing the ability of selecting the forms of business
organization for investors.


13
1.2.3. Laws governing the partnership operating in the supply
of legal services
The partnerships operating in the supply of legal service are
mainly governed by the following sources of laws: international law,
national law, habits, international practices and case law.
1.2.4. Overview of the law on the partnership operating in the
supply of legal services in some countries around the world and
the experience for Vietnam.
1.2.4.1. An overview of the law on the partnership operating in
the supply of legal services in some countries in the world
* Law on the partnership operating in the supply of legal
services of the US
* Law on the partnership operating in the supply of legal
services of the UK
* Law on the partnership operating in the supply of legal
services of China
* Law on the partnership operating in the supply of legal
services of Singapore
1.2.4.2. Some experience for Vietnam when studying law on the
partnership operating in the supply of legal services of other

countries
Conclusion of Chapter 1
The nature of the partnerships operating in the supply of legal
service is a contractual relationship. The variants of the partnerships
operating in the supply of legal service in countries around the world
are relatively prevalent. However, no variant is recognized by
Vietnam law.


14
Chapter 2:
LEGAL STATUS AND PRACTICE OF
IMPLEMENTATION OF THE LAW ON THE
PARTNERSHIPOPERATIING IN THE SUPPLY OF LEGAL
SERVICES IN VIETNAM
2.1. Legal status of the partnership operating in the supply
of legal services in Vietnam
2.1.1. Real situation of regulations on establishment of the
partnership operating in the supply of legal services
2.1.1.1. Conditions for establishing the partnership operating
in the supply of legal services
Current law stipulates that, if the partnership operating in the
supply of legal services is established, it is required to comply with
the general conditions stipulated in the Enterprise Law (2014) and
the specific conditions stipulated in Law on lawyers (2012).
2.1.1.2. Form of the partnership operating in the supply of legal
services
The form of partnership operating in the supply of legal
services in countries around the world is very diverse but the Law of
Vietnam only acknowledges a form that is the common law

partnership.
2.1.1.3. Capital of the partnership operating in the supply of
legal services
The capital of the partnership operating in the supply of legal
services according to the laws of the countries is very diverse, it can
be prestige, skills and services ... but the Law of Vietnam has not
acknowledged these forms of capital contribution.


15
2.1.1.4. Procedures for establishing the partnership operating
in the supply of legal services
Procedures for establishing the partnership operating in the
supply of legal service in the countries are very simple and it is
nearly required the business registration, but Law of Vietnam
emphasizes too much on the procedures of business registration.
2.1.2. Real situation of regulations on the partners of the
partnership operating in the supply of legal services
2.1.2.1. Membership of the partnership operating in the supply
of legal services
According to the provisions of the Enterprise Law (2014), the
partners of the partnership operating in the supply of legal services
may only be individuals, but according to Law on Lawyers (2012),
they may be organizations. There is inconsistency in the provisions
of the law on the membership of the partnership in two different
legal documents.
2.1.2.2. Restrictions on the rights of the partners of the
partnership operating in the supply of legal services
(i) A lawyer may only establish or participate in the
establishment of a law practice organization; (ii) Must not act on

behalf of an individual or another person to conduct business with
the same business line of that company for self-interest or for the
benefit of an organization or individual; (iii) is not allowed to
transfer part or all of their contributed capital in the company to
others without the consent of the other general partners.
2.1.2.3. Responsibilities of the partners joining in the
partnership operating in the supply of legal services


16
Under Law of Vietnam, new general partners must jointly be
responsible for all liabilities and other property obligations of the
partnership, including obligations arising before becoming the
general partners, unless otherwise agreed by the new general
partners and other partners.
2.1.3. Real situation of regulations on legal status of the
partnership operating in the supply of legal services
The regulation of the partnership in general and the partnership
operating in the supply of legal services having legal status is in
conflict with the provisions of the Civil Code (2015). This has led to
many conflicting arguments and is one of the reasons for investors'
apprehension when establishing this type of enterprise.
2.1.4. Real situation of regulations on organizational
structure, governance and representation mechanism of the
partnership operating in the supply of legal services
2.1.4.1. The organizational structure of the partnership
operating in the supply of legal services
The Law of Vietnam has shown a relatively deep intervention
of the State in organization, management of the partnership in
general and the partnership operating in the supply of legal services

in particular. That not only lost the inherent basic characteristics of
this business model but also reduced the activeness of the general
partners in the governance.
2.1.4.2. Management and operation of the partnership
operating in the supply of legal services
In the partnership operating in the supply of legal service, the
general partners assign each other to assume managerial and control


17
positions. If there is no assignment, in principle, all general partners
have equal rights without depending on the capital contribution.
2.1.4.3. Representation mechanism of the partnership operating
in the supply of legal services
The partnership in general and the partnership operating in the
supply of legal services in particular, the representation issue is
made through the management apparatus of the partnerships and
general partners. All general partners, including the Chairman of the
Board of Members and the Director, can become representatives of
the partnerships.
2.1.5. Real situation of regulations on rights and obligations
of the partnership operating in the supply of legal services
The partnership operating in the supply of legal services is a
particular type of partnership, so it has the rights and obligations of
an enterprise prescribed in the Enterprise Law (2014) and the rights
and obligations prescribed in specialized law (Law on Lawyers
2012).
2.1.6. Real situation of regulations on reorganization and
termination of operation of the partnership operating in the supply
of legal services

2.1.51. Reorganization of the partnership operating in the
supply of legal services
Reorganization of the partnership operating in the supply of
legal services has not been consistently regulated between the
Enterprise Law (2014) and the Law on Lawyers (2012). According
to the provisions of the Enterprise Law (2014), the partnership
operating in the supply of legal services can only merge and merge,
while according to the provisions of the Law of Lawyers (2012), the


18
partnership is also converted into the form of a limited liability law
partnership.
2.1.5.2. Termination of operation of the partnership operating
in the supply of legal services
It is possible to divide the termination of operation of the
partnership operating in the supply of legal services into two cases
of dissolution and bankruptcy.
2.2. Practice of implementation of the law on the
partnership operating in the supply of legal services in Vietnam
2.2.1. Some results achieved when implementing the law on
the partnership operating in the supply of legal services
The team of legal experts working in the partnerships operating
in the supply of legal services has relatively rapid development in
terms of quantity, quality as well as professionalism when
practicing. The number of the partnership operating in the supply of
legal services is increasing ...
2.2.2.

Some

specific

difficulties

and

problems

when

implementing the law on the partnership operating in the supply of
legal services
2.2.2.1.

Difficulties

and

problems

when

implementing

regulations on registration and establishment of the partnership
operating in the supply of legal services
The law is required to resolve issues such as: Identifying
identities to know which entities have the rights to establish the
partnership operating in the supply of legal services; Clarifying how

to understand phrases such as the historical tradition, culture,
morality, fine traditions of the nation to create favorable conditions
for the operation of business registration agencies; Controlling the


19
registration and determination of charter capital; Detecting and
handling violations on establishment and registration of the
enterprises.
2.2.2.2.

Difficulties

and

problems

when

implementing

regulations on organization and operation of the partnership
operating in the supply of legal services
The shortcomings in the legal regulations on issues such as:
"equal rights" mechanism among members; Inheritance in the
partnership; and when a member is declared missing.
2.2.2.3.

Difficulties

and

problems

when

implementing

regulations on legal service providers and the quality of legal
services provided
The legal service providers are still insufficient in quantity and
are unprofessional. The quality of legal services is not high.
Conclusion of chapter 2
In addition to the recognized positive aspects, the law on the
partnership operating in the supply of legal services in Vietnam still
has shortcomings and limitations that need to be overcome.


20
Chapter 3
ORIENTATION AND SOLUTIONS TO COMPLETE
THE LAW ON THE PARTNERSHIP OPERATING IN THE
SUPPLY OF LEGAL SERVICES IN VIETNAM
3.1. Orientation to complete the law on partnership
operating in the supply of legal services in Vietnam
The completion of the law on the partnership operating in the
supply of legal services is required to comply with the following
orientations:
Firstly, the completion of the law on the partnership operating
in the supply of legal services must be associated with the

improvement of professional qualifications and professional ethical
qualities of the lawyers' team.
Secondly, the completion of the law on the partnership
operating in the supply of legal services must aim at the
improvement of competitiveness and effectiveness of operations of
the law partnerships.
Thirdly, the completion of the law on the partnership operating
in the supply of legal services must be in line with international law
and meet the requirements of international economic integration.
Fourthly, the completion of the law on the partnership
operating in the supply of legal services must ensure consistency and
transparency.
3.2. Some solutions to complete the law on the partnership
operating in the supply of legal services in Vietnam
3.2.1. Ensure consistency in the regulations on the general
partners under the Enterprise Law (2014) and the general partners
under the Law on Lawyers (2012)


21
The Enterprise Law (2014) and the Law on Lawyers (2012)
need to unify in determining the partner status of the partnership
operating in the supply of legal services in the direction of allowing
the general partners of the partnership under the provisions of the
Enterprise Law (2014) as an organization.
3.2.2. Allow the lawyers to establish a limited law partnership
Recognizing the partnership operating in the supply of legal
service that may add capital contributors to contribute to the
diversification of business forms of investors.
3.2.3. Clearly identify two types of partnerships: common

partnerships and limited partnerships
When recognizing the law partnership, the Enterprise Law
(2014) must clearly separate between the common partnerships and
limited partnerships to bring the partnership to its proper nature and
guarantee consistency with the Law on lawyers (2012).
3.2.4. Add the form of limited liability law partnership
The law should recognize this form of business because it is
suitable to the conditions of Vietnam and international practice
3.2.5. About the legal status of the partnership operating in
the supply of legal services
According to the author of the thesis, it is possible to remove
the legal status of the partnership, but if the Enterprise Law still
recognizes the partnership as a legal entity, it is necessary to add
some provisions such as: (i) If there are many laws regulating an
issue, priority should be applied according to specialized laws; (ii)
Reducing corporate income tax for the partnership or personal
income tax rates for general partners.


22
3.2.6. It is necessary to have consistency on dissolution issues
for the partnership operating in the supply of legal services
The provisions of the law on this issue are contradictory. The
author of the thesis said that the Enterprise Law (2014) and Law on
Lawyers (2012) should stipulate in the direction that the partnerships
in general and the partnership operating in the supply of legal
service will be solved when there are at least three-quarters (3/4) of
the consensus of the general partners.
3.2.7. Regulate specifically and fully on the reorganization of
the partnership operating in the supply of legal services

The law should specify the consolidation and merger
procedures as well as the consequences of implementation of these
two procedures and the legal form of the consolidated or merged
partnership, etc.
3.2.8. Renew the registration and licensing of the partnership
operating in the supply of legal services
The law should stipulate that the partnership operating in the
supply of legal services must register its business in the Department
of Planning and Investment like other businesses.
Conclusion of chapter 3
Based on the analytical orientations, the research student offers
a number of solutions to perfect the specific contents of the law on
the partnership operating in the supply of legal services in Vietnam.


23
CONCLUSION
The partnership operating in the supply of legal services plays
an quite important role for the development of the socio-economy in
Vietnam, as a means for investors to implement their goals and
demand life; as a business entity that exists and grows in a market
economy, the its issues must inevitably be adjusted by law. The
study of law on the partnership operating in the supply of legal
services is essential, in order to find out a model to adjust the
suitable law for them, ensuring stable development and getting
better and better in the economy. This is a component of the law on
business entities in the legal structure of the market economy, a new
type of business in Vietnam, so there are also defects in this legal
department, these points are not really suitable for the nature of this
type of business, making investors somewhat afraid to choose to do

business while other models have much advantages. The provisions
also show the copying of foreign law; Therefore, when applying to
specific conditions of Vietnam, it is not really possible to guarantee
the feasibility.
Through the study of the topic, the thesis has been clarified the
theoretical issues such as: Concept, characteristics and roles of the
partnership operating in the supply of legal services; The concept,
role, content and source of the law on the partnership operating in
the supply of legal services ... through which it can be seen that this
business model is relatively suitable to the conditions of Vietnam.
However, the fact that this type of business is still subject to
adjustment with many shortcomings from the aspect of the actual
law, so it cannot attract investors like in developed market
economies. As a type of enterprise, although there are many things