Legal consultants providing legal support for small and medium-sized enterprises are part of the network of consultants supporting small and medium-sized enterprises as prescribed in the Law on Support for Small and Medium-sized Enterprises 2017 and Decree No. 55/2019/ND-CP dated June 24, 2019 of the Government on legal support for small and medium-sized enterprises.
According to the Department of Legal Education and Legal Aid ( Ministry of Justice ), currently there are about 900,000 enterprises nationwide, of which 97% are small and medium enterprises. Therefore, the need for support in general and the need for legal support in particular of small and medium enterprises is increasing, especially the need for legal advice from a network of legal consultants to provide legal support.
The summary report of 5 years of implementing Decree No. 55/2019/ND-CP shows that, regarding the implementation of legal consultancy activities for small and medium enterprises, the Ministry of Justice has established a network of legal consultants. Up to now, 303 law practice organizations, lawyers, legal consultancy centers, and legal consultants have registered and approved the list of legal consultants participating in legal support for small and medium enterprises (186 individuals, 127 organizations); the Ministry of Industry and Trade approved the list of 02 legal consultants.
However, there are currently no specific regulations on conditions and criteria for managing and enhancing the responsibility of the network of legal consultants; there are no specific regulations on the process and procedures for terminating the legal consultant position, so determining the qualifications and scope of activities of this team is still limited, and ministries and ministerial-level agencies are still confused in the implementation process.
Most ministries and ministerial-level agencies have not yet announced the network of legal consultants in their sectors and management fields (only the Ministry of Justice and the Ministry of Industry and Trade have announced legal consultants); legal consultant activities have not yet arisen.
In addition, the level of support for legal consultancy costs prescribed in Decree No. 55/2019/ND-CP is very low compared to the actual cost of hiring lawyers to provide legal services for businesses today...
Therefore, in order to attract a team of legal consultants to provide legal support for small and medium-sized enterprises, the Ministry of Justice believes that it is necessary to have regulations with a new approach to the team of legal consultants in the direction of promoting the role of social responsibility of Lawyers on the basis of synchronous regulations in the Law on Support for Small and Medium-sized Enterprises (amended), the Law on Lawyers and the Decree on legal support for enterprises;
At the same time, decentralize the responsibility of arranging and attracting resources to build, manage and use a network of legal consultants in the area to the Provincial People's Committee;
Supplementing regulations on conditions and criteria for management, processes and procedures for terminating legal consultants to enhance the responsibility of the legal consultant network; supplementing regulations on the implementation method of this network, not only focusing on direct legal advice, but also synchronously implementing legal advice via hotline;...
In addition, it is necessary to review, consolidate and improve the team of legal consultants and related human resources in providing legal support for small and medium-sized enterprises; improve the quality and efficiency of the team of legal consultants and officials and civil servants providing legal support for small and medium-sized enterprises at ministries, branches and localities in an in-depth and specialized direction, and benefit from training programs on legal knowledge, skills and methods of providing legal support for enterprises;
Research and implement policies and solutions to support organizations and individuals participating in the legal service network, legal support consultants for small and medium enterprises to ensure suitability and adequacy...
Bich Phuong
Source: https://baochinhphu.vn/giai-phap-thu-hut-doi-ngu-tu-van-vien-phap-luat-ho-tro-phap-ly-cho-doanh-nghiep-nho-va-vua-102251107120738382.htm
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