THE
NATIONAL ASSEMBLY
-------
|
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
|
The
Law No. 20/2012/QH13
|
Hanoi,
November 20th 2012
|
LAW
AMENDING
AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE LAW ON LAWYERS
Pursuant to the Constitution of
the Socialist Republic of Vietnam 1992, amended and supplemented in the
Resolution No. 51/2001/QH10;
The National Assembly
promulgates the Law on amending and supplementing a number of articles of the
Law on Lawyers No. 65/2006/QH11,
Article 1.
Amending and
supplementing a number of articles of the Law on Lawyers:
1. Article 3 is amended and supplemented
as follows:
“Article 3. The social position
of lawyers
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2. Article 6
is amended and supplemented as follows:
“Article 6. The rules for
managing lawyers and the practice of lawyers
1. Lawyers and their practice are
managed by combining the State management with the autonomy of lawyer’s
socio-professional organizations and law-practicing organizations.
2. Lawyers' socio-professional
organizations and law-practicing organizations shall manage their lawyers and
their practice in accordance with this Law, the charter of the Vietnam Bar
Federation, the code of ethics and professional manner of Vietnamese lawyers.
The State shall unify the
management of lawyers and their practice in accordance with this Law.”
3. Article 9 is
amended and supplemented as follows:
“Article 9. Prohibited acts
1. Lawyers are prohibited to commit
the following acts:
a) Providing legal services for
clients that have conflicting interests in the same criminal, civil,
administrative lawsuit, civil cases, or other cases as prescribed by law
(hereinafter referred to as cases);
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
c) Reveal information about the
cases and the clients that they know during their practice, unless such clients
concur in writing, or otherwise prescribed by law;
d) Harassing or deceiving clients
dd) Receiving or requesting any
amount of money or benefit from clients apart from the agreed amount in the
legal service contracts;
e) Cooperate with other presiding
officers, litigants, officers, or officials, to violate laws when resolving
cases;
g) Misusing the lawyer’s practice
to negatively affect the national security and social order, to infringe the
interests of the State, the public interests, and the legal interests of other
organizations and individuals;
h) Receiving or requesting any
amount of money or benefit when giving legal supports to the clients entitled
to legal supports by statute; refusing to resolve the cases requested by legal
support organizations, by the presiding agencies, except for force majeure as
prescribed by law;
i) Insulting or assaulting other
organizations and individuals during the proceedings;
k) Committing or helping clients to
commit violations of law to delay or obstruct the activities of the presiding
agencies and other State agencies.
2. Organizations and individuals
are prohibited to obstruct the lawyers’ practice.”
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
“Article 12. Training lawyers
1. Holders of bachelor’s degrees in
law may take a lawyer course at an institution licensed to train lawyers.
2. A lawyer course lasts for 12
months.
People that complete the lawyer
course shall be issued with the Certificate of completing the lawyer course by
the training institution.
3. The Government shall specify the
requirements of lawyer training institutions.
4. The Minister of Justice shall
specify a general program for lawyer training, and the recognition of lawyer
training overseas.”
5. Article 14 is
amended and supplemented as follows:
“Article 14. Lawyer apprenticeship
1. A person that the Certificate of
completing the lawyer course, and a person prescribed in Clause 2 Article 16 of
this Law may serve their apprenticeship at a law-practicing organization.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
The law-practicing organization
shall appoint a lawyer to help the apprentice lawyer. The instructing lawyer
must have at least 3 years of experience in law practicing, and not be liable
for disciplinary actions as prescribed in Clause 1 Article 85 of this Law. A
lawyer must not instruct more than 3 apprentices at the same time.
2. A lawyer apprentice shall
register the apprenticeship at a bar association in the same locality with the
law-practicing organization in which they serve the apprenticeship, and be
issued with the Certificate of apprentice lawyer.
The bar association shall supervise
the lawyer apprenticeship.
3. An apprentice lawyer may assists
the lawyer in their professional activities, but may not represent, advocate,
or protect the lawful rights and interests of clients in court, and may not
sign written law consultancy.
The apprentice lawyer may go with
the instructing lawyer to meet the detainees, suspects, defendants, victims,
plaintiffs, and the people that have interests and obligations relevant to
criminal lawsuits, the plaintiffs, defendants, and other litigants in civil
cases and administrative lawsuits when they agree; assists the instructing
lawyer in studying documents about the cases, collecting documents, items, and
facts relevant to such cases, and in other professional activities; receive
legal advices, non-proceedings representation, and provide other legal services
assigned by the instructing lawyers upon the agreement of clients.
The instructing lawyer must
supervise and be responsible for the activities of the apprentice lawyer
prescribed in this Clause.
4. The Minister of Justice shall
specify the lawyer apprenticeship.”
6. Article 15 is
amended and supplemented as follows:
“Article 15. Assessing the
lawyer apprenticeship
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
The people exempted from lawyer
apprenticeship prescribed in Clause 1 Article 16 of this Law do not have to
participate in the assessment of the lawyer apprenticeship.
2. The Vietnam Bar Federation shall
assess the lawyer apprenticeship.
The assessment of lawyer
apprenticeship is carried out by the Council of the lawyer apprenticeship
assessment. The President of the Council is a President or a Deputy President
of the Vietnam Bar Federation, and the members are the representative of some
bar associations and some lawyers. The list of members is decided by the
President of the Vietnam Bar Federation.
The person that passes the
assessment of lawyer apprenticeship shall be issued with the Certificate of
lawyer apprenticeship assessment.
3. The Ministry of Justice shall
guide and supervise the assessment of lawyer apprenticeship.”
7. Article 16 is
amended and supplemented as follows:
“Article 16. People exempted
from lawyer apprenticeship
1. People being judges,
procurators, senior investigators, intermediate investigators, professors,
associate professors of law, Doctors of law, senior inspectors of the court,
the senior inspectors of the procuracy, senior law experts, senior law
researchers, senior law lecturers are exempted from lawyer apprenticeship.
2. People being junior
investigators, major inspectors of the court, major inspectors of the
procuracy, law experts, researchers, lecturers are eligible for 2/3 reduction
in the lawyer apprenticeship period.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
8. Article 17 is
amended and supplemented as follows:
“Article 17. Issuing the lawyer
practicing certificates
1. The person that passes the
assessment of the lawyer apprenticeship shall submit a dossier of application
for the lawyer practice certificate to the Board of Directors of the bar
association.
The dossier includes:
a) The written application for the
lawyer practicing certificate in accordance with the form issued by the
Ministry of Justice;
b) The judicial résumé;
c) The health certificate;
d) A copy of the bachelor’s degree
in law or master’s degree in law;
dd) A copy of the certificate of
lawyer apprenticeship assessment.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2. The person exempted from lawyer
apprenticeship shall submit a dossier of application for the lawyer practicing
certificate to the local Service of Justice.
The dossier includes:
a) The papers prescribed in Point
a, b, c and Clause 1 this Article;
b) The papers prescribed in Point d
Clause 1 this Article, except for professors, associate professors of laws, and
doctors of law;
c) The copy of the document proving
the exemption from lawyer apprenticeship prescribed in Clause 1 Article 16 of
this Law.
3. Within 07 working days as from
receiving the complete and valid dossier, the Service of Justice shall check
the dossier, verify the validity of the dossier if necessary, and send the
written request enclosed with the dossier of application for the lawyer
practicing certificate to the Ministry of Justice.
Within 20 days as from receiving
the complete and valid dossier, the Minister of Justice shall decide the issue
of the lawyer practicing certificate; the refusal must be explained and
notified in writing to the applicant and the Service of Justice where the
dossier of application is submitted.
The refused person may file
complaints or lawsuits as prescribed by law.
4. A person shall not be issued
with the lawyer practicing certificate in one of the following cases:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b) Being an officer, official,
professional soldier or commissioned officer, national defense worker in an
agency belonging to the army; a commissioned or non-commissioned officer, a
worker in an agency belonging to the Police;;
c) Not residing permanently in
Vietnam;
d) Being liable to criminal
prosecution; has been convicted and condemned and criminal record of an
unintentional or not serious crime is not expunged; has been convicted of a
serious and intentional crime, a very serious and intentional crime, a
particularly serious and intentional crime, even the criminal record has been
expunged;
dd) Being liable to administrative
actions such as compulsory attendance at detoxification centers or educational
institutions;
e) Being incapable of civil acts;
g) The people prescribed in Point b
this Clause that have been dismissed within 3 years from the decision on
dismissal takes effect.”
9. Article 18 is
amended and supplemented as follows:
“Article 18. Revoking the lawyer
practicing certificates
1. The lawyer practicing
certificate shall be revoked in one of the following cases:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b) Being recruited or appointed as
an officer, official, professional soldier or commissioned officer, national
defense worker in an agency belonging to the army; a commissioned or
non-commissioned officer, a worker in an agency belonging to the Police;
c) No longer residing permanently
in Vietnam;
d) Not joining a Bar association
within 2 years as from the date of issue of the lawyer practicing certificate;
dd) Not establishing, participating
in the establishment, or working under a labor contract for a law-practicing
organization, or working as an independent lawyer within 03 years as from the
day of joining the Bar association;
e) Voluntarily stopping practicing
as a lawyer;
g) Being eliminated from the list
of lawyers of a bar association;
dd) Having the lawyer practicing
certificate temporarily revoked, being taken into detoxification centers or
educational institutions;
i) Being convicted and the sentence
has taken effect;
k) Being incapable of civil acts;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
10. Article 19 is
amended and supplemented as follows:
“Article 19. Reissuing the
lawyer practicing certificates
1. The person that has had his or
her lawyer practicing certificate revoked as prescribed in Points a, b, c, e
and k Clause 1 Article 18 of this law shall have the lawyer practicing
certificate reissued when the standards prescribed in this Law are met and the
reasons for revoking the certificate are eliminated.
2. The person that has had his or
her lawyer practicing certificate revoked as prescribed in Point d and Point dd
Clause 1 Article 18 of this law shall have the lawyer practicing certificate
reissued if he/she applies for reissuance of the lawyer practicing certificate.
3. The person that has had his or
her lawyer practicing certificate revoked as prescribed in Points g, h and i
Clause 1 Article 18 of this law shall have the lawyer practicing certificate
reissued when the requirements prescribed in this Article 10 are satisfied, and
in one of the following cases:
a) Within 03 years as from the date
of the decision on revoking the lawyer practicing certificate by reason of
being eliminated from the list of lawyers of the bar association;
b) The lawyer practicing
certificate revocation period has expired, or the decision on taking into
detoxification centers or educational institutions is implemented;
c) The criminal records in the
cases prescribed in Clause 4 this Article have been erased.
4. The person that has had his or
her lawyer practicing certificate revoked by reason of being convicted of a
serious an intentional crime, a very serious and intentional crime, a
particularly serious and intentional crime shall not be reissued with the
lawyer practicing certificate.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
11. Article 20 is
amended and supplemented as follows:
“Article 20. Joining the bar
association
1. The holder of the lawyer
practice certificate may join a bar association for law practice.
A person that has joined a bar
association must work for a law-practicing organization under a labor contract,
work as an independent lawyer for a organization under a labor contract,
organize, establish, or participate in the establishment of a law-practicing
organization as prescribed by this law in the same locality with the bar
association.
2. The holder of the lawyer
practicing certificate must send an application for joining the bar association
to its board of directors. The dossier includes:
a) The written application for
joining the bar association in accordance with the form provided by the Vietnam
Bar Federation;
b) The judicial résumé, if the
dossier is submitted after 06 months as from the date of issue of the lawyer
practicing certificate;
c) A copy of the lawyer practicing
certificate.
3. Within 07 working days as from
receiving the complete dossier, the Board of Directors of the bar association
shall consider and decide the participation in the bar association. If the
applicant falls into one of the cases prescribed in Clause 4 Article 7 of this
Law, the Board of Directors shall reject the participation and notified the
reasons in writing. The refused person is entitled to lodge complaints as
prescribed in Article 87 of this law.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
The validity period of a Lawyer’s card
is unlimited, and shall be replaced when it is lost or damaged.
5. Within 03 years as from the date
of issue of the lawyer’s card, if the lawyer does not work for a law-practicing
organization under a labor contract, nor work as an independent lawyer for a
organization under a labor contract, organize, nor establish, nor participate
in the establishment of a law-practicing organizations as prescribed by this
law in the same locality with the bar association, or does not practice law for
consecutive five years after the issue of the lawyer’s card, then the Board of
Directors of the bar association shall eliminate that lawyer’s name from the
list of lawyers, and request the Vietnam Bar Federation to revoke the lawyer's
card.
6. A lawyer that moves to another
bar association must send a written request to the bar association, of which he
or she is a member, to withdraw from its lawyer list.
Within 05 working days as from
receiving the written request, the Board of Directors of the bar association
shall make the decision on eliminate the lawyer from its lawyer list, and send
a letter of introduction enclosed with the résumé of such lawyer to the bar
association which such lawyer is going to join.
“The procedure for joining a bar
association and replacing the lawyer’s card are specified Clause 3 and Clause 4
this Article. While waiting for the replacement of the lawyer’s card, the
lawyer may keep using the old card, and must submit it upon the replacement of
the lawyer’s card.”
12. Article 21 is
amended and supplemented as follows:
“Article 21. Rights and
obligations of lawyers
1. A lawyer is entitled to:
a) Have his right to practice law
protected by statute as prescribed in this Law and relevant laws;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
c) Practice law, choose a form of
practicing law and establishing a law-practicing organization as prescribed in
accordance with this Law;
d) Practice law in Vietnam’s
territory;
dd) Practice law overseas,
e) Other rights prescribed in this
Law.
2. A lawyer is obliged to:
a) Comply with the lawyer’s
principle prescribed in Article 5 of this Law;
b) Strictly observe the relevant
regulations in the relationship with presiding agencies; have a cooperative and
respectful manner attitude towards the presiding officers that they contact
during the practice;
c) Promptly participate in the
lawsuits requested by the presiding agencies;
d) Provide legal supports;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
e) Other obligations as prescribed
in this Law.”
13. Article 23 is
amended and supplemented as follows:
“Article 23. The forms of
practicing law
A lawyer may choose one of the
following two forms of practicing:
1. Practicing law in a
law-practicing organization by establishing or participating in the
establishment of the law-practicing organization; work for a lawyer’s office
under a labor contract;
2. Practice law independently as
prescribed in Article 49 of this Law.”
14. Article 27 is
amended and supplemented as follows:
“Article 27. The lawyer’s
participation in proceedings
1. The lawyer’s participation in
proceedings must comply with the laws on proceedings and this Law.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
In case an apprentice lawyer comes
with an instructing lawyer in a civil case, an administrative lawsuit as
prescribed in Clause 3 Article 14 of this Law, the instructing lawyer shall
present the certificate of apprentice lawyer and written agreement of the
client when contacting with other organizations and individuals.
3. When participating in criminal
proceedings as an advocate, the lawyer shall be issued with the advocate
certificate, the advocate certificate is valid during the proceedings, unless
the detainee, the suspect, or the defendant refuses or requests to replace the
lawyer, or the lawyer is not allowed to participate in proceedings as
prescribed by law.
When applying for the advocate
certificate, the lawyer shall present:
a) The lawyer’s card;
b) The written request for a lawyer
of the detainee, the suspect, the defendant, or another person, or the written
lawyer appointment from a law-practicing organization where such lawyer works,
or the written appointment from the bar association, applicable to independent
lawyers, when participating in criminal proceedings as requested by the
presiding agency, or providing legal supports.
In case a apprentice lawyer comes
with an instructing lawyer in a criminal lawsuit as prescribed in Clause 3
Article 14 of this Law, when applying for the advocate certificate, the
instructing lawyer shall submit the certificate of apprentice lawyer and
written agreement of the client to the presiding agency in order to request the
permission for the presence of the apprentice.
Within 3 working days (or 24 hours
in case of detention) as from receiving complete and valid papers, the
presiding agency shall issue the advocate certificate to the lawyer, allowing
the lawyer apprentice to participate in the case. The refusal must be notified
and explained in writing. The refused person is entitled to lodge complaints as
prescribed by laws on proceedings.
When contacting organizations and
individuals to exercise the rights, fulfill the obligations, and do the
activities relevant to the advocacy in a criminal lawsuit, the lawyer shall
present his or her lawyer’s card and advocate certificate.
4. The advocate certificate is not
issued in one of the following cases:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b) The lawyer is a relative of a
current or former litigant in that lawsuit;
c) The lawyer has participated in
that lawsuit as a witness, an examiner, or a translator;
d) The lawyer has been presiding
the proceedings of that lawsuit.
5. The
presiding agency, other state agencies, other organizations and individuals
shall enable lawyers to exercise their rights and fulfill their obligations
during their practice, and must not obstruct their practice.”
15. Article 32 is
amended and supplemented as follows:
“Article 32. The forms
law-practicing organizations, the conditions for establishing law-practicing
organizations
1. Law-practicing
organizations include:
a) Lawyer’s offices;
b) Law firms
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
3. Conditions for establishing a
law-practicing organization:
a) The lawyers that establish or
participate in the establishment of a law-practicing organization must work for
at least two consecutive years under labor contracts for a law-practicing
organization, or work as independent lawyers under labor contracts for a
organization as prescribed in this Law;
b) The law-practicing organization
must have an office.
4. A lawyer may only establish or
participate in the establishment of a law-practicing organization. When lawyers
from various bar associations participate in the establishment of a law firm,
that law firm may be established and registered at one of the locality in which
the bar association of one of these lawyers is situated.
5. Within 30 days as from the date
of issue of the certificate of registration, the lawyers that establish or
participate in the establishment of the law-practicing organization, that are
not members of the bar association where the law-practicing organization is
situated, must join the such bar association as prescribed in Article 20 of
this Law.”
16. Article 39 is
amended and supplemented as follows:
“Article 39. The rights of
law-practicing organizations
1. Provide legal services.
2. Receive payments from clients.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
4. Participate in formulating the
State’s policies and laws; participate in advising and resolving the cases of
organizations and individuals when being requested.
5. Cooperate with foreign
law-practicing organizations.
6. Establish branches and offices
in Vietnam.
7. Open offices overseas.
8. Other rights prescribed in this
Law and relevant laws.”
17. Article 40 is
amended and supplemented as follows:
“Article 40. The obligations of
law-practicing organizations
1. Operate consistently with the
businesses written in the Certificate of registration.
2. Implement the agreements made
with clients.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
4. Enable their lawyers to provide
legal supports and attend lawyer training courses.
5. Paying compensation for the
damage caused to clients by their lawyers.
6. Buy professional liability
insurance for their lawyer as prescribed by the laws on insurance.
7. Comply with this Law and the
laws on labor, taxation, finance, and statistics.
8. Comply with the requirements of
competent State agencies of reporting and inspection.
9. Admit apprentice lawyers and
appoint eligible lawyers to instruct them; facilitate and supervise the
apprenticeship.
10. Perform the management and
ensure that their lawyers comply with law, the charter of the Vietnam Bar
Federation, the code of ethics and professional manners of Vietnamese lawyers.
11. Report their organization and
operation as prescribed by law.
12. Other obligations as prescribed
by the relevant laws.”
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
“Article 45. Consolidating,
merging law-practicing organizations, and converting the ownership thereof
1. Two or more law firms of the
same type may be consolidated into a new one be transferring all the assets,
rights, obligations, and interests to the transferee company. The transferor
companies no longer exist.
2. Two or more law firms may be
merged into another law firm of the same type one be transferring all the
assets, rights, obligations, and interests to the transferee company. The
transferor companies no longer exist.
3. A lawyer’s office may be
converted into a law firm based on the inheritance of all the rights and
obligations of the lawyer’s office as prescribed by law.
A single-member limited liability
law firm may be converted into a multi-member limited liability law firm, and
vice versa; a limited liability law firm may be converted into a partnership
and vice versa. The new law firm after the conversion shall inherit all the
rights and obligations from the old one.
4. The Government shall specify the
procedure for consolidating, merging law-practicing organizations, and for
converting the ownership thereof.
19. Article 49 is
amended and supplemented as follows:
“Article 49. independent lawyers
1. An independent lawyer is a
lawyer working under a labor contract for an organization that does not
practice law.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
3. An independent lawyer must not
provide legal services for other organizations and individuals than the
organization with which he or she has signed the labor contract, except for the
participation in criminal proceedings requested by the presiding agencies, and
provide legal supports under the assignment from the bar association of which
he or she is a member.”
20. Article 50 is
amended and supplemented as follows:
“Article 50. Registering the
practice of independent lawyers
1. An independent lawyer shall
register his or her practice at the Service of Justice in the same locality
with the bar association of which he or she is a member.
An independent lawyer shall
register submit the application for practicing law in accordance with the form
provided by the Ministry of Justice, enclosed with the dossier, to the Service
of Justice.
The dossier includes:
a) A copy of the lawyer practicing
certificate, a copy of the lawyer’s card;
b) A copy of the labor contract
signed with the organization.
2. Within 07 working days from
receiving the complete dossier, the Service of Justice shall issue the
certificate of lawyer registration; the refusal must be notified and explained
in writing. The refused person is entitled to lodge complaints as prescribed by
laws on proceedings.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
4. The lawyer that moves to another
bar association must notify the Service of Justice where he or she applied the
practice, submit the certificate of lawyer registration issued, and carry out
the procedure for practice registration at the Service of Justice in the same
locality with the bar association to which he or she moves. the registration
procedure is specified in Clause 1, 2 and 3 this Article.
When the lawyer stops practicing,
the Service of Justice shall revoke the certificate of lawyer registration.”
21. Article 60 is
amended and supplemented as follows:
“Article 60. The bar association
1. A bar association is a
socio-professional organizations of lawyers in a central-affiliated city or
province, that is organized and operated in accordance with this Law and the
Charter of the Vietnam Bar Federation. A bar association has a
separate legal status, a stamp, and an account. Its cost is covered by the
membership fees, the member’s contributions, and other receipts.
2. A bar association may be
established in province or central-affiliated city that have at least 03
holders of the lawyer practicing certificates. People’s Committees of
central-affiliated cities and provinces shall permit the establishment of bar
associations after obtaining the agreement from the Minister of Justice.
3. A bar association must not issue
resolutions, decisions, regulations on fees and charges, and other regulations
at odds with law and the Charter of the Vietnam Bar Federation.
4. Members of a bar association are
lawyers.
The rights and obligations of
members of bar associations are specified by the Vietnam Bar Federation.”
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
“Article 61. Tasks and authority
of bar associations
1. Represent and protect the lawful
rights and interests of lawyers during their practice.
2. Annually review and assess the
quality of lawyers; supervise and cooperate with other bar associations in
supervising the compliance to law, to the Charter of the Vietnam Bar
Federation, the code of ethics and professional manner of their lawyers,
lawyers in law-practicing organizations, and local branches of law-practicing
organizations, and take disciplinary actions.
3. Supervise and cooperate with
other bar associations in supervising the activities of law-practicing
organizations and their branches or offices; request law-practicing
organizations to stop the violations of law, and request competent State
agencies to handle.
4. Issue the certificates of
apprentice lawyer and supervise the apprentice lawyers; make a list of eligible
participants in the assessment of the lawyer apprenticeship, and send it to the
Vietnam Bar Federation.
5. Receive and send the dossier of
application for the lawyer practicing certificate to Services of Justice;
request the Ministry of Justice to revoke lawyer practicing certificates.
6. Organize the registration of
joining the bar associations, organize the transfer and reception of lawyers; request
the Vietnam Bar Federation to issue, replace, and revoke lawyer’s cards.
7. Provide compulsory training
courses in professional skills and the management of law-practicing
organizations.
8. Supervise the purchase of
professional liability insurance of lawyers.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
10. Settle the complaints and
denunciations intra vires.
11. Summarize, exchange experience,
take measures to improve the professional skills of lawyers.
12. Collect the opinions from
lawyers.
13. Impose the fees for joining the
bar association, the fees for lawyer apprenticeship based on the fee bracket
provided by the Vietnam Bar Federation.
14. Report the scheme for the
general meeting, the plan for the structure of the Board of Directors, the
reward and discipline council.
15. Implement the resolutions,
decisions, and regulations of the Vietnam Bar Federation.
16. Enable lawyers to participate
in disseminating, providing law education, and legal supports.
17. Report the organization and
operation of the bar association and the general meeting result to the Vietnam
Bar Federation. Send the resolutions, decisions, and regulations of the bar
association to the Vietnam Bar Federation in accordance with the Charter of the
Vietnam Bar Federation or when being requested.
18. Reporting the organization and
operation, the general meeting result to People’s Committees of
central-affiliated cities and provinces; send reports to competent State
agencies at their request; send the resolutions, decisions, and regulations of
the bar association to People’s Committees of central-affiliated cities and
provinces.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
23. Article 65 is
amended and supplemented as follows:
“Article 65. Tasks and authority
of the Vietnam Bar Federation
1. Represent and protect the lawful
rights and interests of bar associations and lawyers nationwide.
2. Supervise the compliance with
law and with the charter of the Vietnam Bar Federation of lawyers and bar
associations; request the Ministry of Justice to revoke lawyer practicing
certificates.
3. Issue and supervise the
compliance with the code of ethics and professional manners of Vietnamese
lawyers. The code of ethics and professional manners of Vietnamese lawyers must
not contradict the Charter of the Vietnam Bar Federation.
4. Organize lawyer training;
formulate programs and guide bar associations to provide compulsory courses in
professional skills and the management of law-practicing organizations.
5. Assess and take responsibility
for the lawyer apprenticeships as prescribed in this Law and guided by the
Ministry of Justice.
6. Summarize and exchange the
experience in the practice of law nationwide; Organize votes and celebrations
of reputable and dedicated lawyers and law-practicing organizations.
7. Introduce the lawyers’ uniforms
in court, the form of application for joining bar associations; the form of
lawyer’s cards, the issue, replacement, and revocation of lawyer’s cards; guide
the annual review and assessment of the lawyers’ quality.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
9. Introduce a fee bracket for
lawyer apprenticeship, for joining bar associations, and membership fees.
10. Guide and supervise the
fulfillment of the obligation to provide legal supports of lawyers.
11. Express opinions about the
organization of general meetings, formulate plans for the structure of the
Board of Directors, reward and discipline council of bar associations; direct
the bar association general meetings.
12. Suspend the implementation and
request the amendment of the resolutions, decisions, and regulations of bar
associations that contradict the Charter of the Vietnam Bar Federation; request
competent State agencies to suspend the implementation, and request the
amendment of the resolutions, decisions, and regulations of bar associations
that contradict law.
13. Settle the complaints and
denunciations intra vires.
14. Collect the opinions from
lawyers.
15. Participate in developing laws,
studying law, disseminating, providing law education, and legal supports.
16. Carry out international
cooperation in law practicing.
17. Cooperate with the Ministry of
Justice in preparing and sending reports to competent agencies on the
organization of general meetings, the plan for voting the management staff of
the Vietnam Bar Federation.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
19. Other tasks and authority in
accordance with the Charter or the Vietnam Bar Federation.”
24. Article 67 is
amended and supplemented as follows:
“Article 67. The Charter or the
Vietnam Bar Federation
1. The Charter or the Vietnam Bar
Federation is passed according to this Law and the laws on national lawyers’
general meetings. The Charter or the Vietnam Bar Federation is uniformly
applied to the Vietnam Bar Federation and bar associations.
2. The Charter or the Vietnam Bar
Federation comprises:
a) The principles, purposes and
symbol of the Charter or the Vietnam Bar Federation;
b) The rights and obligations of
members of the Vietnam Bar Federation;
c) The relation between the Vietnam
Bar Federation and bar associations;
d) The procedure for joining bar
associations, withdrawing from bar associations, and moving to other bar
associations;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
e) The uniforms of lawyers in
court; the form of lawyer’s cards, the issue, replacement, and revocation of
lawyer’s cards;
g) The tenures, the organizational
structure, the voting and discharging methods, the tasks and authority of the
agencies affiliated to the Vietnam Bar Federation, bar associations; the
cooperation among bar associations in managing lawyers and law-practicing
organization;
h) The structure and quantity of
delegates, the tasks and authority of the general meeting of lawyers, the
congress of bar associations; the procedure for organizing the congress of bar
associations and the Vietnam Bar Federation;
i) The regulations of bar
associations;
k) The finance of the Vietnam Bar
Federation and bar associations;
l) Rewarding and disciplining
lawyers, settling complaints and denunciations;
m) The obligation to report the
organization and operation of the Vietnam Bar Federation and bar associations;
n) The relationship with other
organizations.
3. Within 03 working days as from
the date of passing, the national lawyer council shall send the Charter or the
Vietnam Bar Federation to the Ministry of Justice for consideration and
approval. Within 30 days as from receiving the charter of the Vietnam Bar
Federation, the Minister of Justice shall approve it after reaching an
agreement with the Minister of Internal Affairs The Charter or the Vietnam Bar
Federation takes effect on the date of approval.”
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
“Article 68. The conditions for
practicing of foreign law-practicing organizations
The foreign law-practicing
organizations that have been established and practicing legally overseas may
practice in Vietnam as prescribed by this Law when the following conditions are
satisfied:
1. Committed to comply with the
Constitution and the law of the Socialist Republic of Vietnam;
2. Committed to have at least two
foreign lawyers, including the branch manager, the director of the foreign law
firm who is present and practicing in Vietnam at least 183 days in consecutive
12 months;
3. The branch manager and the
director of the foreign law firm in Vietnam must have at least 02 consecutive
years of experience in law practicing.”
26. Article 69 is
amended and supplemented as follows:
“Article 69. The forms of
practicing of foreign law-practicing organizations
1. A foreign law-practicing
organization shall practice in Vietnam in the following forms:
a) A branch of a foreign
law-practicing organization (hereinafter referred to as branch);
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2. Foreign law firms and branches
being organized an operated in accordance with this Law, the laws on
enterprises, investment, and other regulations of relevant laws.
The Government shall specify the
consolidation and merger of foreign law firms of the same type; the conversion
of branches of foreign law-practicing organization into
100%-foreign-capitalized limited liability law firms; the conversion of foreign
law firms into Vietnamese law firms; the suspension and shutdown of foreign
law-practicing organization.”
27. Article 70 is
amended and supplemented as follows:
“Article 70. The scope of
practicing of foreign law-practicing organizations
Foreign law firms and branches
practicing in Vietnam may provide law consultancy and other legal services,
must not appoint their foreign lawyers and Vietnamese lawyers to participate in
proceedings as representatives, advocates, protectors of the lawful rights and
interests of litigants before Vietnamese courts, or provide services of legal
papers and notarization relevant to Vietnam’s law; may appoint their Vietnamese
lawyers to provide advices on Vietnam’s law.
28. Article 72 is
amended and supplemented as follows:
“Article 72. Foreign law firms
1. 100%-foreign-capitalized limited
liability law firms are law-practicing organizations established by one or
multiple foreign law-practicing organizations in Vietnam.
A law firm in a limited liability
partnership is a partnership of foreign law-practicing organizations and
Vietnamese law-practicing organizations.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2. The director of a foreign law
firm is a foreign lawyer or Vietnamese lawyer.”
29. Article 74 is
amended and supplemented as follows:
“Article 74. The conditions for
practicing of foreign lawyers
A foreign lawyer that satisfies the
following conditions shall be issued with the License to practice law in
Vietnam:
1. Having an unexpired lawyer
practicing certificate issued by a foreign competent agency;
2. Experienced in giving advices on
foreign law and international law;
3. Committed to comply with the
Constitution and law of the Socialist Republic of Vietnam, the code of ethics
and professional manners of Vietnamese lawyers;
4. Being appointed by a foreign
law-practicing organization to practice in Vietnam, or employed by a branch, a
foreign law firm in Vietnam, or a Vietnamese law-practicing organization.”
30. Article 76 is
amended and supplemented as follows:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Foreign lawyers practicing in
Vietnam may give advices on foreign law and international law, may provide
other legal services relating to foreign law, may give advices on Vietnam’s law
if they have a bachelor’s degree in law of Vietnam and satisfy the
requirements applicable to Vietnamese lawyers; may not participate in
proceedings as representatives, advocates, protectors of the lawful rights and
interests of litigants before Vietnamese courts.”
31. Article 82 is
amended and supplemented as follows:
“Article 82. Issuing and
extending Licenses to practice law in Vietnam
1. A foreign lawyer practicing in
Vietnam shall send a dossier of application for the License to practice law in Vietnam
to the Ministry of Justice. Within 30 working days from receiving the complete,
valid dossier and the fee, the Ministry of Justice shall issue the License to
practice law in Vietnam to the foreign lawyer; the refusal must be notified and
explained in writing.
2. The License to practice law in
Vietnam of a foreign lawyer is valid for five years and may be extended. Each
extension does not exceed five years.
3. The License to practice law in
Vietnam of a foreign lawyer is a substitute for the work permit as prescribed
by Vietnam’s laws on issuing work permits to foreign citizens working in
Vietnam.
4. The dossier of application for
the License to practice law in Vietnam includes:
a) The written application for the
License to practice law in Vietnam;
b) The papers proving that he or
she is a lawyer of a foreign law-practicing organization and is appointed to
practice in Vietnam, or papers proving the employment of a branch, a foreign
law firm in Vietnam, or a Vietnamese law-practicing organization for which he
or she plans to work;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
5. The dossier of application for
the extension of the License to practice law in Vietnam must be sent to the
Ministry of Justice at least 30 days before the License expires. The dossier
includes:
a) The written application for the
extension of the License to practice law in Vietnam, certified by the foreign
law-practicing organization or the Vietnamese law-practicing organization;
b) The original License to practice
law in Vietnam;
c) The opinion from the Service of
Justice about the practice of the foreign lawyer in Vietnam.
Within 07 working days from
receiving the complete and valid dossier, the Ministry of Justice shall decide
the extension of the License to practice law in Vietnam of the foreign lawyer;
the refusal must be notified and explained in writing.”
32. Article 83 is
amended and supplemented as follows:
“Article 83. The responsibility
of State management of lawyers and their practice
1. The Government shall unify the
management of lawyers and their practice.
2. The Ministry of Justice is
responsible before the Government for the State management of lawyers and their
practice, and has the following tasks and authority:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b) Formulate and promulgate, or
request competent State agencies to promulgate the documents on detailing and
guiding the implementation of the laws on lawyers;
c) License the establishment of
lawyer training institutions, the framework lawyer training program; stipulate
the regime for compulsory training in professional skills of lawyers; cooperate
with the Ministry of Finance in imposing tuition fees; manage and organize the
lawyer training;
d) Issue and revoke lawyer practicing
certificates;
dd) Issue, revoke, and extend
Licenses to practice law in Vietnam of foreign lawyers;
e) Issue and revoke Licenses to
establish foreign law-practicing organizations in Vietnam;
g) Summarize and send reports on
the organization of lawyers and their practice to the Government;
h) Carry out inspection, handle
violations, settles complaints and denunciation against lawyers and their
practice; the organization and operation of foreign law-practicing
organizations and foreign lawyers in Vietnam;
i) Take measures for supporting the
development of law practice;
k) Perform the State management of
the international cooperation in law practicing;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
m) Suspend the implementation and
request the amendment of the resolutions, decisions, and regulations of the
Vietnam Bar Federation that contradict this Law;
n) Other tasks and authority
prescribed in this Law.
3. The Ministries,
ministerial-level agencies, within the ambit of their tasks and authority, are
responsible for cooperating with the Ministry of Justice in the State
management of lawyers and their practice.
4. People’s Committees of
central-affiliated cities and provinces shall perform the State management of
lawyers and their practice locally, and have the following tasks and authority:
a) Approve the establishment of bar
associations, decide the dissolution of bar associations after obtaining the
agreement from the Minister of Justice;
b) Approve the scheme for organize
the general meetings of bar associations;
c) Issue and revoke certificate of
registration of Vietnamese law-practicing organizations and foreign
law-practicing organizations in Vietnam;
d) Carry out inspection, handle
violations, settle complaints and denunciation against organization and
operation of local bar associations, local Vietnamese law-practicing
organizations, foreign law-practicing organizations, and foreign lawyers in
Vietnam;
dd) Suspend the implementation and
request the amendment of the resolutions, decisions, and regulations of bar
associations that contradict this Law;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
g) Take measures for supporting the
practice of lawyers locally;
h) Other tasks and authority prescribed
in this Law.
Services of Justice shall assist
People’s Committees of central-affiliated cities and provinces in performing
the State management of lawyers and their practice locally.”
33. Article 89 is
amended and supplemented as follows:
“Article 89. Handling the
violations committed by lawyers
1. Vietnamese lawyers that violate
this Law, apart from being disciplined, shall be liable to administrative
penalties or criminal prosecution, depending on the nature and seriousness of
the violations, and pay compensation for the damage (if any).
2. Foreign lawyers in Vietnam that
violate this Law shall be liable to administrative penalties or criminal
prosecution, depending on the nature and seriousness of the violations, and pay
compensation for the damage (if any).
When a foreign lawyer violates the
code of ethics and professional manners of Vietnamese lawyers, the Ministry of
Justice shall notify the foreign law-practicing organization that appoints such
lawyer to practice in Vietnam, or the Vietnamese law-practicing organization
that employs such lawyer, and revoke or refuse to extend the License to
practice law in Vietnam, depending on the nature and seriousness of the
violations.”
34. Article 92a
is added after Article 92 as follows:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1. Within one year as from the date
of effective of this Law, lawyers being members of another bar association than
the bar association in the same locality with the law-practicing organization
or a branch of the law-practicing organization that they establish or establish
in cooperation, or with the law-practicing organization, or a organization with
which they sign labor contracts, must moves to the bar association prescribed
in Article 20 of this Law. The lawyers that moves to other bar associations as
prescribed in this law are exempted from paying the joining fee.
The bar associations must enable
the lawyers to moves as prescribed in this Law.
2. Within two year as from the date
of effective of this Law, the independent lawyers prescribed in the Law on
lawyers No . 65/2006/QH11 must establish or participate in the establishment of
law-practicing organizations, or work for law-practicing organizations under
labor contracts, or work for other organizations under labor contracts, and
apply for the registration as prescribed by this law. The lawyers applying for
the registration prescribed in this Clause are exempted from paying the
registration fee.
3. Within two year as from the date
of effective of this Law, foreign law-practicing organizations that have been
issued with the licenses to establish foreign law firms or branches must
satisfy the conditions prescribed in Article 68 of this Law, or shut down
otherwise.”
35. The
phrase “a copy of the lawyer practicing certificate” prescribed in Point d
Clause 3 Article 78 of the Law on Lawyers No. 65/2006/QH11 is removed.
36. Article
8, Article 52, and Article 63 of the Law on Lawyers No. 65/2006/QH11 are
annulled.
37. In the
Law on Lawyers No. 65/2006/QH11, the phrase “National Bar Organization” is
replaced with “The Vietnam Bar Federation”; the phrase “the management of
lawyers' practice” is replaced with “the management of lawyers’ and their
practice; the phrase “code of ethics and professional manners of lawyers” is
replaced with “code of ethics and professional manners of Vietnamese lawyers”;
the phrase “free legal support” is replaced with “legal support”.
Article 2.
1. This Law takes effect on July 01st
2013.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
This Law is passed by the 8thNational
Assembly of the Socialist Republic of Vietnam in the 4th session on
November 20th 2012.
THE
PRESIDENT OF THE NATIONAL ASSEMBLY
Nguyen Sinh Hung