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Implementing the Plan No. 58/KH-UBND dated March 12, 2021 of the People's Committee of Quang Ninh province on legal support for small and medium enterprises, on the afternoon of September 17, 2021, the Department of Justice organized the Program seminar "Connecting lawyers with enterprises in Quang Ninh province". Through the Seminar Program, the Department of Justice hopes that lawyers and businesses can cooperate in the process of production and business, thereby creating a habit of using legal services for businesses, creating an important premise. legal services market and gradually raise the legal awareness of enterprises.
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At the seminar, Director of Vu Anh Law Firm - Lawyer Vu Quang Ninh had an exchange of legal knowledge in business activities, shared difficulties and problems that businesses are facing. Here is the content of the discussion:
On July 25, 2006, Vu Anh Law Office was established.
Responding to the professional development of Lawyers Law, on October 12, 2007, Vu Anh Law Office was transformed into Vu Anh Law Firm.
After more than 15 years of operation, at first there were only 03 people, until now, Vu Anh Law Firm regularly maintains the number of 18 - 20 people, staffed into 04 departments, functional departments, full-time activities.
The brand "Law Vu Anh" is known by colleagues and many agencies, organizations and people inside and outside the province as a reputable, professional law practice organization, a " fulfillment of trust " for customers. products as the Company's Slogan set out from the very first day of its establishment.
Vu Anh Law Firm maintains activities in the following areas: regular consulting for businesses , legal services and participation in court proceedings.
For regular consulting activities, according to incomplete statistics , up to now, the Company has had regular contracts with approximately 200 enterprises; issued thousands of written advice sheets and letters of recommendation to businesses on management aspects: labor, salary, compulsory insurance, finance, accounting, tax, transaction, contract, cooperation investment, economic linkage, project transfer, business purchase and sale, equitization, enterprise restructuring, etc.
Join this conference, Company Law Vu Anh appreciate topic Seminar " Connecting Law professor now Quang Ninh province " of the Organizing Committee, because this is a practical idea for businesses and Attorney in the Province. Especially in the context that social service supply chains are broken, relationships and economic transactions are broken due to the Covid-19 epidemic, it is necessary to connect and reconnect, contributing to stability. social order, maintaining economic growth and ensuring the people's security.
The topic of the seminar "Connecting Lawyers with Enterprises" has more meaning when it is recognized and assessed through the current situation in recent years:
1. On the side of enterprises:
Everyone knows that an enterprise is an economic entity that, since its establishment, has been placed in countless legal relationships, governed by 230 codes and laws in force (Source: https://luatvietnam.vn/tin-phap-luat/danh-muc-cac-bo-luat-luat-cua-viet-nam-230-18136-article.html ), thousands of Decrees and Circulars of the Government Government and Ministries, Departments and Branches of the Central Government.
Within the enterprise alone, there are quite a few relationships that are regulated by law, such as: the relationship between the employer and the employee; between capital contributors and the executive apparatus; between the Director and the functional departments; relationships between these components, etc., and not all enterprises can apply the legal provisions to harmoniously resolve those internal relationships. Many internal conflicts and disputes have damaged businesses, pushed each other into labor, left regrets, no chance to recover...
Enterprises also have many external relationships, such as: with the state agency system (the central level has 18 ministries, 4 ministerial-level agencies (Source: https://dangcongsan.vn/thoi-su/trinh) -co-cau-to-chuc-chinh-phu-nhiem-ky-2021-2026-giu-nguyen-18-bo-va-4-co-quan-ngang-bo-586082.html ; Provincial level has 17 Departments and VP_Source: Decree 24/2014/ND-CP; District level has 09 specialized departments and VP_Source: Decree 108/2020/ND-CP and Commune level), procedural agencies: Police, Procuracy, Court At all levels, the political-social, social-professional Party Union, etc... with businesses, customers, economic partners...
Every day, every hour, those relationships form, arise, develop, etc., which require business leaders to handle flexibly, promptly, in accordance with the law, and ensure the harmony of rights and interests of stakeholders. Stakeholders.
In fact, not all businesses have the time and conditions to access, grasp, research and apply the legal regulations to successfully solve the internal and external relationships of the company. unit.
Some enterprises set up a Legal Department to recruit law graduates and lawyers, but the operation is still formal, and corporate legal officers have little opportunity to argue, criticize and give opposing opinions. by leaders of the unit, so the work efficiency is not high.
The connection between businesses and law practice organizations in the province has been established and formed, but spontaneous, small, unsustainable, ... most businesses have the need to cooperate with lawyers when applying for an application. If you have a conflict, conflict, or conflict that needs to be resolved, then the business will look for a law-practicing organization and a lawyer.
The temporary cooperation, "water to the foot has to jump" in order to solve the inevitable unexpected case / matter for the business, wastes time, effort and money, affects the reputation, brand, image of the enterprise. image of the unit on the way of development and not always the case/case is resolved successfully.
The cooperation between lawyers and businesses is seasonal, only solving the top of legal events, not solving the root cause of conflicts, conflicts will not bring peace of mind and safety to businesses. .
2. On the side of law-practicing organizations
Lawyers and practicing organizations are always willing to be friends "accompanying the business", wanting to contribute their efforts, wisdom and legal knowledge to the success of the business through regular legal consulting activities. Legal support for businesses.
In our province, it is not impossible to have a conscientious, qualified and experienced professional practice organization in regular legal consultancy activities for businesses, with a well-organized, methodical, professional style, and a team of professional staff. reliable corporate legal advisor, helping businesses to be confident and secure in investing, limiting legal risks, contributing to improving the position and role of enterprises in legal relations, reducing legal risks. concerns, worries, and doubts when there is an inspection, examination, audit, verification and investigation of the enterprise.
A number of law practice organizations in the field of regular legal advice for businesses have reached out to domestic and foreign regions. Only Vu Anh Law Firm has consulting contracts for businesses in the following provinces and cities: Hai Phong, Hanoi, Ho Chi Minh, Thai Binh, Lang Son, Thanh Hoa, Nha Trang, Dak Nong, Binh Dinh etc… and received high comments about the quality of legal services.
The business consulting team of Vu Anh Law Firm in particular, the lawyers in the province in general confidently affirm, all consulting requests related to economy, finance, accounting, tax, labor , contracts, investments, projects, corporate restructuring, building apparatus, perfecting the enterprise management mechanism, land, construction, planning, human resource management according to KPI, all do be, do it right, do it well and are not inferior to any law-practicing organization present in Vietnam (including consulting for enterprises with foreign elements that are investing and doing business in Vietnam) .
However, it is also serious to see that, besides the work that has been done, most of our law practice organizations are still small (most of them only have 3 to 7 staffs/unit), the base is very small. limited materials, limited office space (companies and law offices all rent houses, or give up part of their own houses to make offices, do not have their own offices), funding Investment in the legal profession has not been much (only about 5 to 10 billion VND), the quality of human resources is not uniform, lack of practical experience, has not been cared for and trained to improve professional qualifications, not Many information technologies have not been used in law practice and management activities, have not yet created a link between law practice units, have not been provided with sufficient economic, social, and business situation by law. official channels of state agencies,judicial agencies in the province, rarely participate in activities organized by departments, boards, branches...
Therefore, a part of lawyers and practicing organizations have not been able to closely follow the socio-economic development situation of the locality and businesses, have not been associated with businesses, have not met the requirements set forth from the law. practice production and business activities of enterprises when needed. For example: analyzing, commenting, evaluating Financial statements, Project dossiers, Bidding documents, Bidding documents, PPP contracts, BOT, BTO, EPC, draft documents, contracts with other parties. foreign partners, advising enterprises to negotiate, negotiate, sign with foreign investors, etc...);
Most lawyers choose to participate in legal proceedings, protect their interests, or defend their clients because they can take the initiative in their work, do not have to act on behalf of officers and employees of the enterprise, and are not affected by the law. misdemeanor” or behave improperly with the relationship between the parties in the legal consultancy contract.
Therefore, not many lawyers choose the path of legal advice for businesses, the situation "everyone does" is common, the cohesion and coordination between businesses and lawyers is still limited.
3. Some general solutions
3.1. Currently, our Party is persevering in the policy of building a rule of law state; slogan: Living and working according to the constitution, the law is known to everyone. The legal system is increasingly perfected and closer to reality, the judicial and administrative reform program, taking the people and businesses as the service center, is interested in implementation by the Government... At the same time, the struggle The fight against corruption, embezzlement, negativity, linkages between enterprises and officials in the state agency also set requirements to further improve the sense of law implementation in enterprises and the whole society.
Business groups need to continue to change their minds, considering compliance with the law as both a goal and a solution to maintain and develop their businesses, and reduce ways of doing business that are predatory and snatching. , backed by relationships with brothers and sisters, did not care to strengthen and improve the "antibodies" of the business, fell into a relationship of begging, running around, losing the position of entrepreneurs, legal status of enterprises, corrupting officials, nullifying the legal system, creating inequality among enterprises, polluting the investment and business environment of the province.
When businesses have a need for legal advice in each of their jobs, it will create a diverse legal service market, with "demand" and "supply". Quang Ninh is not only known as a province with golden forests, silver sea, and natural wonders of the world, but also a potential legal service market, where not only investors, but also from many law firms of the Province, domestic and international.
Changing awareness, habits and business habits according to the law based on the law to get rich, bringing the law into business life has been and is placing greater responsibility on the branches and levels in participating in business activities. advises the Provincial Party Committee and UB to have specific Directives, Resolutions, and specific measures to serve as a basis for the whole political system to implement the Law on Legal Support for Small and Medium Enterprises and Decree No. 55/2019 of the Government, helping businesses approach the motto: "doing right makes money, doing good makes profit".
Nearly 100 lawyers and 40 law practice organizations in the province will be an important force in implementing the Program to connect with businesses and provide legal support for businesses.
3.2. Currently, Quang Ninh province is implementing the National Startup Program launched by the Government, aiming to have 25,000 businesses by 2020 (Source: https://tinnhanhchungkhoan.vn/quang-ninh-moi-dat) -18-300-business-nghiep-so-voi-muc-tieu-25-000-business-nghiep-vao-nam-2020-post211285.html ). The annual target is 2,000 new businesses to be established to join the economic and social life of the province (Source: https://taichinhdoanhnghiep.net.vn/nam-2021-quang-ninh-muon-thanh- lap-tren-2000-enterprise-nguyep-d19477.html ).
It is known that the Department of Planning and Investment has advised the province to strengthen the Provincial Business Associations, Young Enterprises, Cooperative Alliances, and Business Associations at the district, town and city levels under the province. Associations have organized activities, opened a club "Coffee businessmen", invited a number of lawyers and law practice organizations to participate in exchanges, meetings, and business contacts...
The Department of Justice can coordinate with the Department of Planning and Investment, develop a Program, and concretize the idea of "Connecting businesses with lawyers" with specific content and measures, such as: organizing meetings, contacting, communicating save, exchange, talk about legal news, answer legal issues that businesses are interested in, introduce law practice organizations to businesses, vote and honor businesses, law practice organizations with achievements in bringing the law into production and business, praising the units that know how to apply the law to get rich and develop, etc.
Creating an environment for businesses and lawyers to stick together, side by side to survive, develop, overcome difficulties during the pandemic, limit disputes and legal risks, and contribute to building a business environment A civilized and healthy business in Quang Ninh Province is certainly the desire of each of us, who have a spirit of respect for the law.
3.3. Although limited by the epidemic, the trend of economic integration, opening the market, developing private enterprises, improving the competitiveness of enterprises with internal resources along with legal knowledge is inevitable. objective.
In order to have a team of lawyers, the system of law practice organizations is on a par with their duties, meeting the requirements set forth from the general development trend, having the ability, qualifications, knowledge, experience to take shortcuts, welcome Taking the lead in implementing policies and orientations for socio-economic development, accompanying and connecting with businesses, becoming an indispensable friend of businesses, providing legal support whenever there are problems or obstacles. problems, contributing to early and remote settlement, eliminating the seeds of risks, contradictions and conflicts in their infancy by careful and thorough legal research, consulting for transport enterprises. To make the most and thoroughly use the legal provisions in the operation of enterprises, it is necessary to have the efforts to learn and rise up from each lawyer and each law-practicing organization with all their heart, talent, and wisdom. And it is indispensable for the care and training of the Party committees, authorities,Departments, Boards and branches in the province, but the state management unit for law-practicing organizations is the Department of Justice.
It is hoped that in recent times, the lawyer team of Quang Ninh province will be upgraded in both quantity and quality not only to serve the Judicial Reform Program under Resolution No. 49/NQTW of the Central Committee of the Party, In litigation activities, but also serve more businesses and entrepreneurs under the Legal Support Program for Small and Medium Enterprises, which has been legalized since 2019.
The last thing I want to share with businesses in this paper is,
With 499 National Assembly deputies, tens of thousands of People's Council deputies of 63 provinces and centrally run cities, a contingent of civil servants in the 4-level administrative system from the central government to communes and wards, day and night research, promulgate and enforce the law. , basically, there will be no fields and activities of enterprises that are not included in the provisions of the current legal document system. From starting a business, starting a business, managing people, finance, facilities, contracts, cooperation, trading, profit and loss accounting according to 26 accounting standards, 41 auditing standards to mergers and solutions. There are very detailed and specific regulations on enterprise separation, division and bankruptcy.
Any business owner who does not know, does not understand, or fails to apply the provisions of the law to his business operations is at a disadvantage, and always faces increasingly harsh sanctions of the State. .
It would be extreme and one-sided to think that doing business based on the provisions of the law does not have legal risks, but it is certain that illegal business will sooner or later cause damage to businesses. business man.
Therefore, the combination of businesses and lawyers is an indispensable need, a driving force for lawyers and businesses to develop together, contributing to the prosperity of QN Province and for safety in a broad sense for each business. .
Thank you to the Department of Justice, the Provincial Bar Association for allowing me to speak with the desire to promote the growing organic relationship between enterprises and LS, worthy of the potential, strengths and prospects of our province. in the economic development chart of the country.
Wishing you health, happiness and victory over the epidemic.
Thank you very much!
