THE
NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
65/2006/QH11
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Hanoi,
June 29, 2006
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LAW
ON LAWYERS
(No.
65/2006/QH11)
Pursuant to the 1992 Constitution of the
Socialist Republic of Vietnam, which was amended and supplemented under
Resolution No. 51/2001/QH10 of December 25, 2001, of the Xh National
Assembly, the 10th session;
This Law provides for lawyers and the practice of law.
Chapter I
GENERAL PROVISIONS
Article 1.- Governing
scope
This Law provides for the principles,
conditions, scope and forms of professional practice by, as well as criteria,
rights and obligations of, lawyers, law-practicing organizations and
socio-professional organizations of lawyers; the management of law practice and
professional practice by foreign law-practicing organizations and foreign
lawyers in Vietnam.
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Lawyers are persons who fully the meet the
criteria and conditions for professional practice under the provisions of this
Law and provide legal services at the request of individuals, agencies or
organizations (hereinafter collectively referred to as clients).
Article 3.- Social
functions of lawyers
Legal professional activities aim at
contributing to the protection of justice, the economic development and the
building of an equitable, democratic and civilized society.
Article 4.- Legal
services provided by lawyers
Legal services provided by lawyers include
participation in legal proceedings, provision of legal consultancy,
representation of clients beyond legal proceedings and other legal services.
Article 5.- Principles
for law practice
1. Observance of the Constitution and law.
2. Observance of the rules on legal professional
ethics and conducts.
3. Independence, honesty and respect for
objective truths.
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5. Accountability before law for law-practicing
activities.
Article 6.- Principles
for management of law practice
The management of law practice shall comply with
the principle of combining the state management with the promotion of
self-control of socio-professional organizations of lawyers, ensuring the
observance of law and the rules of legal professional ethics and conducts.
Article 7.-
Socio-professional organizations of lawyers
Socio-professional organizations of lawyers are
set up to represent lawyers and protect their legitimate rights and interests,
provide professional training and retraining for lawyers, oversee lawyers in
their observance of law and rules of professional ethics and conducts, and
manage law practice in accordance with this Law.
Socio-professional organizations of lawyers
include bar associations in provinces and centrally run cities and the national
lawyers' organization.
Article 8.-
Encouragement of pro bono legal aid
The State encourages lawyers and law-practicing
organizations to provide pro bono legal aid.
Article 9.- Prohibited
acts
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a/ Providing legal services to clients who have
conflicting interests in the same criminal, civil or administrative case or
civil affair (hereinafter collectively referred to as cases and affairs) as
provided for by law;
b/ Intentionally supplying forged or untruthful
documents or material evidences; instigating detainees, the accused, defendants
or involved persons to make untruthful declarations or instigating clients to
make complaints, denunciations or petitions in contravention of law;
c/ Disclosing information on cases, affairs or
clients they have acquired in the process of professional practice, unless it
is agreed by clients in writing or otherwise provided for by law.
d/ Harassing or deceiving clients;
e/ Receiving or asking for any money amounts or
benefits other than remunerations and charges agreed upon with clients in legal
service contracts;
f/ Establishing contacts or relations with
persons conducting or participating in legal proceedings or with cadres or civil
servants to act in contravention of law in the settlement of cases or affairs;
g/ Abusing law practice or the lawyer's title to
cause harms to national security, social order or safety, infringing upon the
State's interests, public interests or legitimate rights and interests of
agencies, organizations or individuals.
2. Agencies, organizations and individuals may
not commit acts of obstructing lawyers from practicing their profession.
Chapter II
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Article 10.- Criteria
of lawyers
Vietnamese citizens who are loyal to the
Fatherland, observe the Constitution and law, have good moral qualities,
possess a law bachelor diploma, have been trained in legal profession, have
gone through the probation of legal profession and have good health for law
practice may become lawyers.
Article 11.- Conditions
for law practice
A person who meets all the criteria specified in
Article 10 of this Law, if wishing to practice law, must possess a law practice
certificate and join a bar association.
Article 12.- Lawyer training
1. A person who possesses a law bachelor diploma
may register to participate in a lawyer-training course at a lawyer-training
establishment.
2. The lawyer-training duration is six months.
A person who completes the lawyer-training
program shall be granted a graduation certificate by the concerned
lawyer-training establishment.
3. The Justice Minister shall provide a
framework program for lawyer training and the recognition of lawyer training
overseas.
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Article 13.- Persons
exempt from lawyer training
1. Those who have been judges, procurators or
investigators.
2. Professors, associate professors of law;
doctors of law.
3. Those who have been senior court examiners;
senior procuracy inspectors; senior legal experts, researchers or lecturers.
4. Those who have been principal court examiners
or principal procuracy inspectors; principal legal experts, researchers or
lecturers.
Article 14.- Law
practice probation
1. Persons who possess lawyer-training
certificates may take probation at law-practicing organizations.
Unless it is reduced according to the provisions
of Clauses 2 and 3, Article 16 of this Law, the law practice probation lasts 18
months. The probation duration is counted from the date of probation
registration at a bar association.
Law-practicing organizations shall assign
lawyers to guide probationers in the practice of law.
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Bar associations shall oversee the observance of
the Regulation on law practice probation.
3. Law probationers may assist instructing lawyers
in professional activities; must neither accept nor provide legal services for
clients.
4. Upon the expiration of the probation period,
instructing lawyers shall give written comments on probation results of
probationers and send those comments to the bar associations where they
register their probation.
5. The law-practice probation shall comply with
the relevant Regulation promulgated jointly by the Justice Ministry and the
national lawyers' organization.
Article 15.- Testing of
law practice-probation results
1. The Ministry of Justice shall assume the
prime responsibility for, and coordinate with the national lawyers'
organization in, testing law practice-probation results.
2. Law practice-probation results are tested by
a council composed of a representative of the Justice Ministry's leadership as
its chairman and representatives of the national lawyers' organization and some
lawyers as its members. The council's membership is decided by the Minister of
Justice.
The council shall test law practice-probation
results according to the Regulation on law practice probation.
3. Persons who pass law practice-probation tests
shall be granted certificates by the Justice Minister at the request of the law
practice probation result-testing council.
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1. Persons who are exempt from lawyer training
as specified in Clauses 1, 2 and 3, Article 13 of this Law are also exempt from
law practice probation.
2. Persons who are exempt from lawyer training
as specified in Clause 4, Article 13 of this Law are entitled to reduction of
two-thirds of the law practice- probation duration.
3. Persons who have worked as legal experts,
researchers or lecturers or as court examiners or procuracy inspectors for 10
years or more are entitled to reduction of half of the law practice-probation
duration.
Article 17.- Grant of
law practice certificates
1. Persons who pass law practice-probation tests
shall file dossiers of application for law practice certificates with the
managing boards of the bar associations where they register their probation. A
dossier of application for such a certificate comprises:
a/ An application for a law practice
certificate;
b/ A curriculum vitae;
c/ A judicial record card;
d/ A copy of the law bachelor or master diploma;
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f/ A copy of the law practice-probation
certificate;
g/ A health certificate.
Within 7 working days after receiving a complete
dossier, the managing board of the concerned bar association shall send,
together with the dossier, a written proposal for the grant of a law practice
certificate to the Justice Ministry.
2. Persons entitled to lawyer-training and law
practice probation exemption shall file dossiers of application for law
practice certificates with the Justice Ministry. Such a dossier comprises:
a/ An application for a law practice
certificate;
b/ A curriculum vitae;
c/ A judicial record card;
d/ A copy of the law bachelor, master or
doctorate diploma;
e/ Papers evidencing the lawyer-training
exemption under the provisions of Clauses 1, 2 and 3, Article 13 and law practice
probation exemption under the provisions of Clause 1, Article 16, of this Law;
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3. Within 30 days after receiving complete
dossiers of application for law practice certificates, the Justice Minister
shall grant such certificates; in case of refusal, he/she shall notify the
applicants and the managing boards of concerned bar associations thereof in
writing, clearly stating the reasons therefor.
If their applications for law practice
certificates are rejected, the applicants may lodge complaints in accordance
with law.
4. Persons falling in one of the following cases
are not granted law practice certificates:
a/ Working as cadres, officials or civil
servants; as officers, professional personnel or defense workers in agencies or
units of the people's army; as commanding or professional officers or
non-commissioned officers in agencies or units of the people's security forces;
b/ Not permanently residing in Vietnam;
c/ Being examined for penal liability; having
been sentenced for unintentional crimes or less serious intentional crimes and
their criminal records have not yet been remitted; having been sentenced for
serious, very serious or particularly serious intentional crimes;
d/ Being confined to a medical treatment
establishment or reformatory as an administrative sanctioning measure or to
administrative probation;
e/ Having lost their civil act capacity or
having a restricted civil act capacity;
f/ The persons defined at Point a of this Clause
who have been dismissed for under three years, counting from the date the
dismissal decision takes effect.
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1. The law practice certificate granted to a
person shall be withdrawn if he/she falls in one of the following cases:
a/ Working as a cadre, official or civil
servant; as an officer, professional personnel or defense worker in an agency
or unit of the people's army; as a commanding or professional officer or
non-commissioned officer in an agency or unit of the people's security force;
b/ No longer residing in Vietnam;
c/ No longer satisfying lawyers' criteria
specified in Article 10 of this Law;
d/ Being disciplined in the form of having
his/her name deleted from the list of lawyers of a bar association;
e/ Being deprived of the right to use the law
practice certificate;
f/ Having been sentenced and the sentence has
taken legal effect.
2. The Justice Minister has the power to
withdraw law practice certificates and stipulate procedures for the withdrawal
of those certificates.
Article 19.- Re-grant
of law practice certificates
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2. A person whose law practice certificate has
been withdrawn according to the provisions of Point d, e or f, Clause 1,
Article 18 of this Law may be considered for the re-grant of that certificate
when they fully meet the criteria specified in Article 10 of this Law and one
of the following conditions:
a/ Three years have passed after the decision to
withdraw the law practice certificate is issued to the lawyer who is
disciplined in the form of having his/her name deleted from the list of lawyers
of a bar association;
b/ The law practice certificate has been
withdrawn because the lawyer has been deprived of the right to use that
certificate for a definite period and that period has expired.
c/ The law practice certificate has been
withdrawn because the lawyer has been sentenced for an unintentional crime or a
less serious intentional crime, and his/her criminal record has been remitted
after serving the penalty.
3. A person whose law practice certificate is
withdrawn because of being deprived of the right to use that certificate for an
indefinite period or having been sentenced for a serious, very serious or
particularly serious intentional crime shall not be considered for the re-grant
of a law practice certificate.
4. Procedures for the re-grant of law practice
certificates shall comply with the provisions of Article 17 of this Law.
Article 20.- Joining
bar associations
1. A person who possesses a law practice
certificate may join a bar association of his/her choice for law practice.
2. A person who possesses a law practice
certificate shall send a dossier for joining a bar association to that
association's managing board. Such a dossier comprises:
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b/ A curriculum vitae;
c/ A copy of the law practice certificate;
d/ A legal record card;
e/ A health certificate.
3. Within 10 working days after receiving a
complete dossier for joining a bar association, the managing board of the bar
association shall consider and decide on such joining; if the applicant falls
in one of the cases defined in Clause 4, Article 17 of this Law, the managing
board shall reject the application and state in writing the reasons therefor.
The rejected applicant may lodge his/her complaint in accordance with Article
87 of this Law.
4. A person joining a bar association shall be
granted a lawyer's card by the national lawyers' organization at the request of
the bar association. The time limit for the grant of a lawyer's card must not
exceed 30 days from the date the lawyer joins the bar association.
5. A lawyer who moves from one bar association
to another shall fill in procedures to have his/her name deleted from the list
of lawyers of the bar association of which he/she is a member in order to move
to the new one and have his/her lawyer's card renewed.
Article 21.- Rights and
obligations of lawyers
1. Lawyers have the following rights:
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b/ To practice law in the Vietnamese territory;
c/ To practice law overseas;
d/ Other rights as provided for by this Law.
2. Lawyers have the following obligations:
a/ To observe the law practice principles;
b/ To take lawful measures to protect legitimate
rights and interests of their clients;
c/ To participate in legal proceedings in cases
at the request of legal proceeding-conducting agencies.
d/ To provide pro bono legal aid;
e/ Other obligations as provided for by this
Law.
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LAW PRACTICE
Section 1. LAW PRACTICE BY
LAWYERS
Article 22.- Practicing
scope
1. Participating in legal proceedings as defense
counsels for detainees, the accused or defendants or as defenders of interests
of victims, claimants or respondents in civil cases, or of people with related
interests and obligations in criminal cases.
2. Participating in legal proceedings as
representatives or defenders of legitimate rights and interests of claimants,
respondents, persons with related rights and obligations in civil disputes,
marriage and family, business, commercial, labor or administrative cases or
affairs as well as in other cases and affairs specified by law.
3. Providing legal consultancy.
4. Representing clients beyond legal proceedings
in order to carry out related legal tasks.
5. Providing other legal services in accordance
with this Law.
Article 23.- Forms of
law practice by lawyers
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A lawyer may practice law in a law-practicing
organization by establishing or joining in the establishment of the
law-practicing organization or working for the law-practicing organization
under a contract.
2. Practicing law individually.
3. Lawyers may opt for either of the two
professional practice forms mentioned in Clauses 1 and 2 of this Article to
practice law.
Article 24.- Acceptance
and settlement of clients' cases or affairs
1. Lawyers shall respect clients' selection of lawyers;
shall only accept cases and affairs suitable with their capabilities and settle
them within the scope of the clients' requests.
2. When accepting cases or affairs, lawyers
shall notify their clients of their rights, obligations and professional liabilities
in the provision of legal services to clients.
3. Unless it is consented by clients or in force
majeure circumstances, lawyers may not transfer cases or affairs they have
accepted to others.
Article 25.-
Confidentiality
1. Unless it is consented by clients in writing
or otherwise provided for by law, lawyers may not disclose information on
cases, affairs or clients they know in the course of professional practice.
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3. Law-practicing organizations shall ensure
that their staff members do not disclose information on their cases, affairs or
clients.
Article 26.- Provision
of legal services under legal service contracts
1. Lawyers shall provide legal services under
legal service contracts, except for those who participate in legal proceedings
at the request of legal proceeding-conducting agencies and those who practice
law individually under labor contracts with agencies or organizations.
2. Legal service contracts must be made in
writing with the following principal contents:
a/ Names and addresses of the client or his/her
representative and of the representative of the law-practicing organization or
the lawyer practicing law individually;
b/ Service contents and contract performance
duration;
c/ Rights and obligations of the involved
parties;
d/ The mode of calculation of remuneration and
specific remuneration levels; expenses (if any);
e/ Liabilities incurred upon a breach of the
contract.
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Article 27.- Lawyers'
participation in legal proceedings
1. Lawyers' participation in legal proceedings
shall comply with the procedural law and this Law.
2. When fully producing papers in one of the
following cases, a lawyer may be granted by the legal proceeding-conducting
agency a certificate of defense counsel, certificate of defender of interests
of an involved party in a criminal case or certificate of defender of
legitimate rights and interests of an involved party in a civil affair or
administrative case (hereinafter collectively referred to as lawyer's
certificate of participation in legal proceedings):
a/ The lawyer's card, the client's written
request for a lawyer and the introduction paper of the law-practicing
organization or its branch where the lawyer practices law, in case such lawyer
practices law in a law-practicing organization;
b/ The lawyer's card, the client's written
request for a lawyer and the introduction paper of the bar association of which
the lawyer is a member, in case he/she practices law individually; the lawyer's
card and the introduction paper of the agency or organization where the lawyer
practices law individually under a labor contract in order to protect
legitimate rights and interests of that agency or organization;
c/ The lawyer's card and the document on lawyer
nomination by a law-practicing organization or its branch where he/she
practices law, for the lawyer who practices law in a law-practicing
organization, or the lawyer's card and the document of lawyer nomination by the
bar association, for the lawyer who practices law individually, in order to
participate in legal proceedings in a criminal case at the request of the legal
proceeding-conducting agency.
3. Unless otherwise provided for by law, the
time limit for the grant of a lawyer's certificate of participation in legal
proceedings is 3 days at most after the full receipt of the papers in one of
the cases stipulated in Clause 2 of this Article.
4. Unless it is withdrawn, the lawyer is
replaced or is not allowed to participate in legal proceedings as provided for
by law, a lawyer's certificate of participation in legal proceedings is valid
at all stages of legal proceedings.
5. When they need to contact individuals,
agencies or organizations to exercise their rights, perform their obligations
or carry out activities related to the defense or protection of interests of
their clients, lawyers shall produce lawyer's cards and certificates of
participation in legal proceedings.
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1. Legal consultancy means that lawyers guide,
give opinions to or assist their clients in drafting papers related to the
exercise of the latter's rights or the performance of the latter's obligations.
Lawyers may provide legal consultancy in all
fields of law.
2. When providing legal consultancy, lawyers
shall assist their clients in strictly observing law in order to protect the
latter's legitimate rights and interests.
Article 29.- Lawyers'
representation beyond legal proceedings
1. Lawyers may represent their clients in
settling affairs related to the jobs they have taken within the scope and
according to the contents of the legal service contracts or as assigned by
agencies or organizations for which they practice law individually under labor
contracts.
2. When representing their clients, lawyers have
the rights and obligations as provided for by relevant laws.
Article 30.- Other
legal services provided by lawyers
1. Other legal services provided by lawyers
include assisting clients in performing jobs related to administrative procedures;
providing legal advice in case of settlement of complaints; translating,
certifying papers and transactions and assisting clients in performing other
jobs in accordance with law.
2. When providing other legal services, lawyers
have the rights and obligations as provided for by relevant laws.
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1. When providing pro bono legal aid, lawyers
must be devoted to the legal aid-receivers as to their clients in charged cases
and affairs.
2. Lawyers shall provide pro bono legal aid
according to the charter of the national lawyers' organization.
Section 2. LAW-PRACTICING
ORGANIZATIONS
Article 32.- Forms of
law-practicing organizations
1. Forms of law-practicing organizations
include:
a/ Lawyers' offices;
b/ Law firms.
2. Law-practicing organizations are organized
and operate under the provisions of this Law and other relevant provisions of
law.
3. A lawyer may only establish, or join in the
establishment of, one law-practicing organization in the locality where exists
a bar association of which he/she is a member. Where lawyers of different bar
associations jointly set up a law firm, they may opt to establish it and
register its operations in the locality where exists the bar association of
which one of them is a member.
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1. A lawyer's office set up by a lawyer is
organized and operates in the form of a private enterprise.
The lawyer who sets up a lawyer's office is the
chief of the office and takes charge of fulfilling all the office's obligations
with all his/her property. The chief of an office is the office's
representative at law.
2. The name of a lawyer's office is selected by
the lawyer according to the provisions of the Enterprise Law but must contain
the phrase "van phong luat su" (lawyer's office), must not be
identical to, or cause confusion with, the names of registered law-practicing
organizations and must not contain words, phrases or symbols against the
historical, cultural or ethical traditions as well as fine customs of the
nation.
3. A lawyer's office has its own seal and
account as provided for by law.
Article 34.- Law firm
1. Law firms include law partnerships and
limited liability law firms. Law firms' members must be lawyers.
2. A law partnership must be set up by at least
two lawyers. Law partnerships do not have capital-contributing members.
3. Limited liability law firms include limited
liability law firms with two or more members and one-member limited liability
law firms.
A limited liability law firm with two or more
members must be set up by at least two lawyers.
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4. Members of a law partnership or limited
liability law firm with two or more members shall reach agreement to nominate
one of them to be the firm's director. The lawyer who owns a one-member limited
liability law firm is the firm's director.
5. The names of law partnerships or limited
liability law firms with two or more members shall be selected and agreed upon
by all members; the names of one-member limited liability law firms shall be
selected by the firms' owners in accordance with the Enterprise Law, which,
however, must contain the phrase "cong ty luat hop danh" (law
partnership) or "cong ty luat huu han" (limited liability law firm),
must not be identical to, or cause confusion with, the names of other
registered law-practicing organizations, and must not contain words, phrases or
symbols against the historical, cultural or ethical traditions as well as fine
customs of the nation.
Article 35.-
Registration of operations of law-practicing organizations
1. A law-practicing organization shall register
its operations at the provincial/municipal Justice Service of the locality
where exists the bar association of which the chief of the lawyer's office or
the director of the law firm is a member. A law firm jointly set up by lawyers
of different bar associations shall register its operations at the
provincial/municipal Justice Service of the locality where the firm is based.
2. Law-practicing organizations shall send
operation registration dossiers to the provincial/municipal Justice Services.
Such a dossier comprises:
a/ A written request for operation registration,
made according to a set form;
b/ A draft charter of the law firm;
c/ Copies of the law practice certificate and
lawyer's card of the lawyer who sets up the lawyer's office, sets up or joins
in setting up the law firm.
d/ Papers evidencing the headquarters of the
law-practicing organization.
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4. A law-practicing organization may start
operation on the date it is granted the operation registration paper.
Within 7 working days after being granted the
operation registration paper, the chief of the lawyer's office or the director
of the law firm shall give a written notice together with a copy of the
operation registration paper to the bar association of which he/she is a
member.
Article 36.- Changes in
contents of operation registration of law-practicing organizations
1. In case of a change in its name, address of
its head-office, branch, transaction office, practice domains, membership,
at-law representative or other contents in the operation registration dossier,
within 10 working days after deciding on such change, a law-practicing
organization shall make registration with the provincial/municipal Justice
Service where it has registered its operations. In case of changes in the
contents of its operation registration paper, the law-practicing organization
shall be re-granted that paper.
Within 10 working days after making changes or
receiving the re-granted operation registration paper, the law-practicing
organization shall notify the bar association of the changes in writing.
2. When its operation registration paper is
lost, torn, burnt or otherwise destroyed, a law-practicing organization shall
be re-granted that paper.
Article 37.- Supply of
information on contents of operation registration by law-practicing
organizations
1. Within 7 working days after granting an
operation registration paper or changing contents of operation registration of
a law-practicing organization, the provincial/municipal Justice Service shall
notify such in writing to the tax office, the statistical office, other
competent state agencies and the People's Committee of the district, provincial
town or city, the People's Committee of the commune, ward or township and the
bar association in the locality where the concerned law-practicing organization
is headquartered.
2. Organizations and individuals may request
provincial/municipal Justice Services to supply information on operation
registration contents of law-practicing organizations, grant copies of
operation registration papers, certify changes in operation registration
contents or extract those contents of law-practicing organizations and shall
pay fees in accordance with law.
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Article 38.- Publicity
of operation registration contents of law-practicing organizations
1. Within 30 days after being granted an
operation registration paper, a law-practicing organization shall publish on a
central daily or a daily of the locality where it registers its operations or
on a law-specialized newspaper for three consecutive issues the following
principal contents:
a/ Its name;
b/ Addresses of its head-office, branches and
transaction offices;
c/ Its professional practice domains;
d/ Full names, addresses, serial numbers of law practice
certificates of the lawyer who is the chief of the lawyer's office or the
director of the law firm and other founding members;
e/ Serial number of the operation registration
paper, place of operation registration and date of grant of the operation
registration paper.
2. In case of a change in its operation
registration contents, a law-practicing organization shall make public that
change within the time limit and by the mode prescribed in Clause 1 of this
Article.
Article 39.- Rights of
a law-practicing organization
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2. To receive remunerations from its clients.
3. To hire Vietnamese lawyers, foreign lawyers
and others to work for it.
4. To cooperate with foreign law-practicing
organizations.
5. To set up local branches or transaction
offices.
6. To locate its practicing establishments
overseas.
7. Other rights as provided for by this Law and
relevant laws.
Article 40.-
Obligations of a law-practicing organization
1. To operate only in the practice domains
stated in its operation registration paper.
2. To fulfill its commitments to clients.
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4. To create conditions for its lawyers to
provide pro bono legal aid.
5. To pay compensation for damage caused by its
lawyers to its clients in legal consultancy provision, in representation beyond
legal proceedings or in the provision of other legal services.
6. To purchase professional liability insurance
for its lawyers in accordance with the insurance business law.
7. To observe the labor, tax, financial and
statistical laws.
8. To abide by the competent state agencies'
requests for reporting, inspection or examination.
9. Other obligations as provided for by this Law
and relevant laws.
Article 41.- Branches
of law-practicing organizations
1. Branches of a law-practicing organization may
be set up within or outside the province or centrally run city where that
organization registers its operation. Branches of a law-practicing organization
are its dependent units and operate under its authorization in the domains
specified in its operation registration paper. The law-practicing organization
shall take responsibility for operations of its branches. It shall nominate a
lawyer to be the chief of each branch. The chief of a branch and members of the
law-practicing organization working at that branch may also be lawyers of a bar
association in the locality where the law-practicing organization registers its
operations or where it locates its branch.
2. A branch of a law-practicing organization
shall register its operations at provincial/municipal Justice Service of the
locality where it is based. The law-practicing organization shall file a
dossier for registration of operations of its branch with the
provincial/municipal Justice Service. Within 7 working days after receiving a
complete dossier, the provincial/municipal Justice Service shall grant an
operation registration paper to the concerned branch; in case of refusal, it
shall notify such in writing, clearly stating the reasons therefor. The person
who is not granted an operation registration paper may lodge a complaint in
accordance with law.
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Upon changes in operation registration contents
of its branch, within 10 working days after deciding on those changes, the
law-practicing organization shall notify those changes in writing to the
provincial/municipal Justice Service which has granted the operation
registration paper to its branch and to the bar association of the locality
where its branch is based.
3. A branch's operation registration dossier
comprises:
a/ A written request for registration of the
branch's operations;
b/ A copy of the operation registration paper of
the law-practicing organization which sets up the branch;
c/ A decision on the establishment of the
branch;
d/ Copies of the law practice certificate and
the lawyer's card of the chief of the branch;
e/ Papers evidencing the branch's office.
Article 42.-
Transaction offices of law-practicing organizations
The transaction office of a law-practicing
organization may be set up within a province or centrally-run city where that
organization registers its operations. The transaction office is the place to
receive cases, affairs and requests of clients. It may not provide legal
services.
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The provincial/municipal Justice Service shall
write the address of the transaction office of the law-practicing organization
in its operation registration certificate.
Article 43.- Opening of
law-practicing establishments overseas
1. Law-practicing organizations may open law-practicing
establishments overseas.
2. Within 10 working days after permitted by the
foreign competent authority to open its law-practicing establishment overseas,
a law-practicing organization shall notify such in writing to the
provincial/municipal Justice Service, the tax office and the bar association of
the locality where it registers its operations.
3. When terminating operations of its overseas
law-practicing establishment, within 7 working days after the termination, the
law-practicing organization shall notify such in writing to the
provincial/municipal Justice Service, the tax office and the bar association of
the locality where it registers its operations.
Article 44.- Nomination
of lawyers to provide legal services in foreign countries
Law-practicing organizations may nominate
lawyers to provide legal services in foreign countries at the request of their
clients.
Lawyers who provide legal services in foreign
countries shall observe the provisions of this Law and relevant laws.
Article 45.- Merger and
consolidation of law firms
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Article 46.- Cessation
of operations of law-practicing organizations
1. Law-practicing organizations may cease their
operations but must, at least 10 working days before the cessation or
resumption of their operations, send reports thereon to provincial/municipal
Justice Services, tax offices, statistical offices and bar associations of the localities
where they register their operations and where their branches are located. The
cessation duration must not exceed two years.
2. A report on cessation of operations of a
law-practicing organization has the following principal contents:
a/ The name of the law-practicing organization;
b/ The serial number and date of the issue of
its operation registration certificate;
c/ The address of its head office;
d/ The cessation duration, the dates of starting
and ending the cessation;
e/ The reasons for operation cessation;
f/ The report on the payment of debts and the
handling of legal service contracts already signed with clients and labor
contracts already signed with its lawyers and staff members.
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4. During their operation cessation periods, unless
otherwise agreed upon, law-practicing organizations shall fully pay tax debts,
continue paying other debts and complete contracts already signed with
laborers.
With regard to legal service contracts which
have been signed with their clients but have not yet been completed,
law-practicing organizations shall reach agreement with those clients on the
performance of the contracts.
5. When a law-practicing organization ceases its
operations, its branches and transaction offices shall also cease their operations.
Article 47.-
Termination of operations of law-practicing organizations
1. A law-practicing organization terminates its
operations in the following cases:
a/ It terminates its operations at its own will;
b/ Its operation registration paper is withdrawn;
c/ The chief of the lawyer's office, the
director of the one-member limited liability law firm or all members of the law
partnership or members of the limited liability law firm with two or more
members have their law practice certificates withdrawn;
d/ The law firm is merged or consolidated;
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2. When terminating its operations according to
the provisions of Points a and d, Clause 1 of this Article, within 30 days
before terminating its operations, a law-practicing organization shall notify
such in writing to the provincial/municipal Justice Services and the bar
associations of the localities where it registers its operations and where it
locates its branch(es).
Before terminating its operations, a
law-practicing organization shall fully pay tax debts; pay all other debts;
complete all procedures for termination of labor contracts already signed with
its lawyers and staff members; and complete all legal service contracts already
signed with its clients. If failing to complete legal service contracts signed
with its clients, it shall reach agreement with the latter on the performance
of those contracts.
3. In case of termination of operations of a
law-practicing organization according to the provisions of Points b and c,
Clause 1 of this Article, within 7 working days after withdrawing the operation
registration paper and/or the law practice certificate, the concerned
provincial/municipal Justice Service shall notify such in writing to the bar
association(s) and the tax office(s) of the locality(ies) where that
law-practing organization registers its operations and where it locates its
branch(es).
Within 60 days after having its operation
registration paper and/or law practice certificate withdrawn, a law-practicing
organization shall fully pay tax debts; pay all other debts; complete
procedures for termination of labor contracts already signed with its lawyers
and staff members. With regard to legal service contracts which have been
signed with its clients but have not yet been completed, the organization shall
reach agreement with its clients on the performance of those contracts.
4. In case of operation termination under the
provisions of Point e, Clause 1 of this Article, within 7 working days after
the chief of the lawyer's office or the director of the one-member limited
liability law firm dies, the concerned provincial/municipal Justice Service
shall issue a decision to withdraw the operation registration certificate of
the office or the firm.
Within 7 working days after withdrawing an
operation registration paper, the provincial/municipal Justice Service shall
notify such in writing to the bar associations and the tax office(s) of the
locality(ies) where the concerned law-practicing organization registers its
operations and where it locates its branch(es). The handling of
property-related rights and obligations shall comply with the civil law.
Article 48.-
Termination of operations of branches and transaction offices of law-practicing
organizations
1. Branches or transaction offices of a
law-practicing organization shall terminate their operations in the following
cases:
a/ The law-practicing organization that has set
up such branches or transaction offices terminates its operations;
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c/ A branch's operation registration paper is
withdrawn.
2. Law-practicing organizations shall fulfill
all obligations and handle all issues related to the termination of operations
of their branches or transaction offices.
Section 3. INDIVIDUAL
PRACTICE OF LAW
Article 49.- Lawyers
practicing law individually
1. Lawyers practicing law individually are those
who personally accept cases or affairs and provide legal services to their
clients, take responsibility for their professional practice with all their
property and operate in the form of private business households.
Lawyers practicing law individually may each
register only one transaction place and have no seals.
2. Lawyers shall practice law individually by
providing legal services for clients under legal service contracts or working
for agencies or organizations under labor contracts.
Article 50.-
Registration of individual law practice
1. A lawyer practicing law individually shall
register his/her professional practice at the provincial/municipal Justice
Service of the locality where exists a bar association of which he/she is
member.
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2. A dossier for registration of individual law
practice comprises:
a/ A written request for law practice
registration, made according to a set form;
b/ Copies of the law practice certificate and
the lawyer's card;
c/ Papers evidencing the transaction venue.
3. A lawyer may practice law individually from
the date he/she is granted a law practice-registration paper.
Within 7 working days after being granted the
law practice-registration paper, the lawyer practicing law individually shall
send a written notice together with a copy of the law practice registration
paper to the bar association of which he/she is a member.
Article 51.- Change in,
and supply of information on, contents of registration of individual law
practice
The change in, and supply of information on,
contents of registration of individual law practice by lawyers who practice law
individually shall comply with the provisions of Articles 36 and 37 of this
Law.
Article 52.- Rights and
obligations of lawyers practicing law individually under legal service
contracts
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a/ To provide legal services;
b/ To receive remunerations from clients;
c/ Other rights as provided for by this Law and
relevant laws.
2. Lawyers practicing law individually under
legal service contracts have the following obligations:
a/ To operate only in the professional domains
stated in their law practice-registration papers;
b/ To strictly implement the contents of legal
service contracts concluded with clients;
c/ To pay compensations for damage caused to
clients due to their faults in the provision of legal consultancy,
representation beyond legal proceedings or in the provision of other legal
services;
d/ To purchase professional liability insurance
in accordance with the insurance business law;
e/ To observe the tax, financial and statistical
laws;
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g/ Other obligations as provided for by this Law
and relevant laws.
Article 53.- Rights and
obligations of lawyers practicing law individually under labor contracts
1. Lawyers practicing law individually under
labor contracts may provide legal services according to the contents of labor
contracts concluded with agencies or organizations.
2. The rights and obligations of lawyers
practicing law individually under labor contracts, of agencies and
organizations hiring those lawyers shall comply with the labor law, this Law
and relevant laws.
Chapter IV
REMUNERATIONS AND
EXPENSES; WAGES UNDER LABOR CONTRACTS
Article 54.- Lawyers'
remunerations
Clients shall pay remunerations for legal
services provided by lawyers. The receipt of remunerations shall comply with
this Law and relevant laws.
Article 55.- Grounds
and modes of calculating remunerations
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a/ Contents and characteristics of legal
services;
b/ Time and labor spent by lawyers on the
provision of legal services;
c/ Experience and prestige of lawyers.
2. Remunerations are calculated by the following
modes:
a/ Working hours of lawyers;
b/ Cases or affairs with package remunerations;
c/ Cases or affairs with remunerations
calculated in percentages of the threshold costs of lawsuits or the value of
contracts or projects;
d/ Long-term contracts with fixed remunerations.
Article 56.-
Remunerations and expenses for lawyers who provide legal services under legal
service contracts
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2. Traveling, accommodation and other reasonable
expenses for the provision of legal services shall be agreed upon by the
concerned parties in legal service contracts.
Article 57.-
Remunerations and expenses for lawyers who participate in legal proceedings at
the request of legal proceeding-conducting agencies
Lawyers who participate in legal proceedings at
the request of legal proceeding-conducting agencies are entitled to
remunerations and expenses according to the Government's regulations.
Article 58.- Wages for
lawyers practicing law individually under labor contracts
Lawyers practicing law individually for agencies
or organizations under labor contracts are entitled to wages as agreed upon in
the labor contracts.
The agreement on and payment of wages shall
comply with the labor law.
Article 59.- Settlement
of disputes over remunerations, expenses and wages under labor contracts
1. The settlement of disputes over remunerations
and expenses for lawyers shall comply with the civil law.
2. The settlement of disputes over wages for
lawyers practicing law individually under labor contracts with agencies or
organizations shall comply with the labor law.
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SOCIO-PROFESSIONAL
ORGANIZATIONS OF LAWYERS
Section 1. SOCIO-PROFESSIONAL
ORGANIZATIONS OF LAWYERS IN PROVINCES AND CENTRALLY RUN CITIES
Article 60.- Bar
association
1. A bar association is a socio-professional
organization of lawyers in a province or centrally run city, having the legal
person status, its own seal and bank account and operating on the principle of
self-financing with revenues from membership fees, contributions of members and
other lawful revenue sources.
2. A bar association may be set up in a province
or centrally run city where exist three or more law practice certificate
holders. The provincial/municipal People's Committee shall permit the setting
up of a bar association after reaching agreement with the Justice Minister.
3. A bar association has its own charter to
govern its internal relations.
4. Members of a bar association are lawyers.
The rights and obligations of members of a bar
association are provided in its charter.
Article 61.- Tasks and
powers of a bar association
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2. To supervise and coordinate with bar
associations in other localities in supervising the observance of law, rules of
professional ethics and conducts of member lawyers, lawyers practicing law in
law-practicing organizations and locally based branches of law-practicing
organizations; to discipline lawyers.
3. To supervise and coordinate with bar
associations in other localities in supervising the operations of
law-practicing organizations and their branches and transaction offices; to
request law-practicing organizations to stop law-breaking acts and request
competent state agencies to handle those acts.
4. To organize the registration of probationary
lawyers and supervise them.
5. To receive dossiers of application for law
practice certificates and request the Justice Ministry to grant those
certificates.
6. To organize the registration of participation
in the bar association; to organize the transfer and reception of lawyers; to
request the national lawyers' organization to grant lawyer's cards.
7. To assign law-practicing organizations to
nominate lawyers or directly nominate lawyers who practice law individually to
participate in legal proceedings at the request of legal proceeding-conducting
agencies.
8. To conciliate disputes between probationary
lawyers, lawyers and law-practicing organizations; between clients and
law-practicing organizations or lawyers.
9. To settle complaints and denunciations according
to its competence.
10. To sum up and exchange experience, provide
professional training and fostering and take other measures to raise
professional skills of lawyers.
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12. To make arrangement for lawyers to
participate in law dissemination and education.
13. To report to the national lawyers'
organization on its organization and operation.
14. To send to the Justice Ministry and the
provincial/municipal People's Committee its resolutions and decisions in
accordance with law and upon request.
Article 62.- Bodies of
a bar association
1. The plenary congress or lawyer deputies'
congress of a bar association is its highest leading body.
2. The managing board of a bar association is
the executive body of its plenary congress or lawyer deputies' congress, which
is elected by the plenary congress or lawyer deputies' congress.
3. The commendation and disciplinary council of
a bar association is elected by its plenary congress or lawyer deputies'
congress according to the term of office of its managing board.
Article 63.- Charter of
a bar association
1. Based on the provisions of this Law, the law
on associations and the charter of the national lawyers' organization, the
plenary congress or the lawyer deputies' congress of a bar association shall
approve the charter of the bar association.
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a/ Tasks and powers of the bar association;
b/ Rights and obligations of members of the bar
association;
c/ Procedures for registration of lawyers'
probation, participation in the bar association, deletion of the name of a
lawyer from the list of probationary lawyers or the list of members of the bar
association and transfer of a lawyer from the bar association to another;
d/ The organizational structure, mode of
election, relief from office or dismissal, tasks and powers of bodies of the
bar association;
e/ The finance of the bar association;
f/ The commendation and discipline of lawyers;
g/ The fee for participation in the bar
association and membership fee;
h/ Procedures for amendment and/or
supplementation of the charter;
i/ The settlement of complaints and
denunciations within the bar association;
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3. Within 7 working days after a bar
association's charter is approved, its managing board shall send the charter to
the provincial/municipal People's Committee. Within 30 days after receiving
that charter, the provincial/municipal People's Committee shall approve it. The
bar association's charter takes effect after it is approved.
Section 2. NATIONAL
SOCIO-PROFESSIONAL ORGANIZATION OF LAWYERS
Article 64.- National
lawyers' organization
1. The national lawyers' organization is a
socio-professional organization of lawyers nationwide, which represents lawyers
and bar associations; has the legal person status, its own seal and bank
account; and operates on the principle of self-financing with membership fee
revenues, contributions of members and other lawful revenue sources.
Members of the national lawyers' organization
are bar associations and lawyers. Lawyers participate in the national lawyers'
organization through bar associations which they have joined.
2. The national lawyers' organization has its
own charter.
The rights and obligations of members of the
national lawyers' organization are provided for in its charter.
Article 65.- Tasks and
powers of the national lawyers' organization
1. To represent and protect the legitimate
rights and interests of lawyers and bar associations nationwide.
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3. To coordinate with the Justice Ministry in
issuing the Regulation on lawyers' probation and in training lawyers and
examining lawyers' probation results.
4. To organize regular refresher courses on
legal knowledge and professional skills for lawyers.
5. To organize reviews and exchange of
professional experience among lawyers throughout the country.
6. To provide the uniform model for lawyers
participating in court sessions and the form of lawyer's card; to grant, renew
and withdraw lawyer's cards.
7. To provide for exemption from and reduction
of remunerations for, and pro bono legal aid provided by, lawyers, the
resolution of disputes over remunerations and expenses for lawyers.
8. To set lawyer's probation charges and bar
associations' participation and membership fees.
9. To settle complaints and denunciations
according to its competence.
10. To gather, report lawyers' thoughts,
aspirations, opinions and proposals.
11. To join in law-making and jurisprudent
research activities as well as in law dissemination and education.
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13. To send its resolutions and decisions to the
Justice Ministry in accordance with law and upon request.
14. Other tasks and powers as provided for by
its charter.
Article 66.- Bodies of
the national lawyers' organization
1. Bodies of the national lawyers' organization
include:
a/ The national lawyer deputies' congress, which
is its highest leading body;
b/ The national lawyers' council, which is the leading
body of the national lawyers' organization during the interval between two
national lawyer deputies' congresses;
c/ The executive board of the national lawyers'
organization, which is the body administering all tasks of the national
lawyers' organization during the interval between two national lawyer-deputies'
congresses;
d/ Other bodies specified by the charter of the
national lawyers' organization.
2. Tasks and powers of bodies of the national
lawyers' organization are provided for in its charter.
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1. Based on the provisions of this Law and the
law on associations, the national lawyer-deputies' congress shall approve the
charter of the national lawyers' organization.
2. The charter of the national lawyers'
organization has the following principal contents:
a/ The guiding principles, purposes and logo of
the national lawyers' organization;
b/ The rights and obligations of members of the
national lawyers' organization;
c/ The procedures for participation in a bar
association, withdrawal from the list of members of a bar association, transfer
from a bar association to another by lawyers;
d/ The lawyers' obligation of providing legal
aid;
e/ The uniform model for lawyers participating
in court sessions and the form of lawyer's card; the procedures for grant,
renewal and withdrawal of lawyer's cards;
f/ The term of office, organizational structure,
mode of election, relief from office, dismissal, tasks and powers of bodies of
the national lawyers' organization and bar associations; the coordinative
relationship between bar associations in the management of lawyers and
law-practicing organizations;
g/ The structure and number of deputies; tasks
and powers of the national lawyer deputies' congress; procedures and order for
organizing a congress;
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i/ The finance of the national lawyers'
organization;
j/ The commendation and procedures for
consideration of the disciplining of lawyers; procedures for settlement of
complaints and denunciations;
k/ The relationship with other agencies and
organizations.
3. Within 7 working days after the charter of
the national lawyers' organization is approved, the national lawyers' council
shall send it to the Justice Ministry. Within 30 days after receiving that
charter, the Justice Minister shall approve it after reaching agreement with
the Minister of Home Affairs. The charter of the national lawyers' organization
takes effect after its approval.
Chapter VI
PROFESSIONAL PRACTICE BY
FOREIGN LAW-PRACTICING ORGANIZATIONS AND FOREIGN LAWYERS IN VIETNAM
Section 1. PROFESSIONAL
PRACTICE BY FOREIGN LAW-PRACTICING ORGANIZATIONS
IN VIETNAM
Article 68.- Conditions
for professional practice by foreign law-practicing organizations
Foreign law-practicing organizations which have
been set up and lawfully practicing law in foreign countries, respect the
Constitution and law of the Socialist Republic of Vietnam may practice law in
Vietnam under the provisions of this Law.
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1. Foreign law-practicing organizations may
practice law in Vietnam in the following forms:
a/ Branches of foreign law-practicing organizations
(hereinafter called branches);
b/ Limited liability law firms with 100% foreign
capital, joint-venture limited liability law firms (hereinafter collectively
referred to as foreign law firms).
2. Branches and foreign law firms shall be
organized and operate under the provisions of this Law, the enterprise law, the
investment law and relevant laws.
Article 70.- Scope of
professional practice by foreign law-practicing organizations
Branches and foreign law firms practicing law in
Vietnam may provide legal consultancy and other legal services; may not
nominate foreign lawyers to participate in legal proceedings in the capacity of
defense counsels or defenders of interests of involved parties, representatives
or defenders of legitimate rights and interests of involved parties before
Vietnamese legal proceeding-conducting agencies; may nominate Vietnamese
lawyers in their organizations to advise on Vietnamese law or participate in
legal proceedings in the capacity of representatives or defenders of legitimate
rights and interests of their clients before Vietnamese courts in cases or
affairs in which branches or foreign law firms provide legal consultancy,
except for criminal cases.
Article 71.- Branches
1. Branches are dependent units of foreign
law-practicing organizations, which are set up in Vietnam under the provisions
of this Law.
2. Foreign law-practicing organizations and
their branches shall take responsibility before Vietnamese law for their
branches' operations.
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Article 72.- Foreign
law firms
1. A limited liability law firm with 100%
foreign capital is a law-practicing organization set up by one or some foreign
law-practicing organizations in Vietnam.
A joint-venture limited liability law firm is a
law-practicing joint venture between a foreign law-practicing organization and
a Vietnamese one.
2. Directors of foreign law firms are lawyers
and may be Vietnamese lawyers.
Article 73.- Rights and
obligations of branches and foreign law firms.
1. Branches and foreign law firms have the
following rights:
a/ To provide legal services in the fields
stated in their establishment permits or operation registration papers;
b/ To receive remunerations from clients;
c/ To hire foreign lawyers, Vietnamese lawyers,
foreign laborers and Vietnamese laborers;
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e/ To remit abroad their incomes from
professional practice in accordance with the provisions of Vietnamese law;
f/ Other rights as provided for by this Law, the
enterprise law, the investment law and relevant laws.
2. Branches and foreign law firms have the
following obligations:
a/ To operate only in the fields stated in their
establishment permits and operation registration papers;
b/ To strictly implement their commitments with
clients;
c/ To pay compensation for material damage
caused by their lawyers to clients in the provision of legal consultancy or
representation beyond legal proceedings or in the provision of other legal
services;
d/ To purchase professional liability insurance
for lawyers practicing law in Vietnam in accordance with the insurance business
law;
e/ To observe the Vietnamese labor, accounting
and statistics laws and fulfill tax and financial obligations.
f/ To import facilities necessary for their
operations in accordance with Vietnamese law;
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Section 2. PROFESSIONAL
PRACTICE BY FOREIGN LAWYERS IN VIETNAM
Article 74.- Conditions
for professional practice by foreign lawyers
A foreign lawyer shall be granted a permit for
law practice in Vietnam if fully meeting the following conditions:
1. Having a law practice certificate which is
granted by a competent foreign agency or organization and remains valid.
2. Respecting the Constitution and law of the
Socialist Republic of Vietnam;
3. Being nominated by a foreign law-practicing
organization to practice law in Vietnam or recruited by its Vietnam-based
branch by a foreign law firm or Vietnamese law-practicing organization.
Article 75.- Forms of
professional practice by foreign lawyers
A foreign lawyer may practice law in Vietnam in
the following forms:
1. Working individually for a Vietnam-based
branch or foreign law firm;
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Article 76.- Scope of
professional practice by foreign lawyers
Foreign lawyers practicing law in Vietnam may
advise on foreign laws and international law, provide other legal services
related to foreign laws, advise on Vietnamese law if having Vietnamese
bachelor's diploma in law and meeting all requirements set for a Vietnamese
lawyer but may not participate in legal proceedings as defense counsels or
defenders of interests of the involved parties, as representatives or defenders
of legitimate rights and interests of the involved parties before Vietnamese
legal proceeding-conducting agencies.
Article 77.- Rights and
obligations of foreign lawyers
1. Foreign lawyers have the following rights:
a/ To select a form of professional practice in
Vietnam according to the provisions of Article 75 of this Law;
b/ To remit abroad their incomes from
professional practice in accordance with Vietnamese law;
c/ Other rights as provided for by this Law and
relevant laws.
2. Foreign lawyers have the following
obligations:
a/ To pay personal income tax in accordance with
law;
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c/ To be regularly present in Vietnam;
d/ Other obligations as provided for by this Law
and relevant laws.
Section 3. PROCEDURES FOR THE
GRANT OF PERMITS TO BRANCHES, FOREIGN LAW FIRMS AND FOREIGN LAWYERS
Article 78.- Grant of
permits for setting up of branches or foreign law firms
1. Foreign law-practicing organizations shall
compile dossiers for setting up branches or foreign law firms and send them to
the Justice Ministry. Within 60 days after receiving a complete dossier and a
fee, the Justice Ministry shall consider and grant a permit for setting up a
branch or foreign law firm; in case of refusal, it shall notify it in writing
to the applicant.
A permit for setting up a branch or foreign law
firm takes effect on the date of its signing.
2. A dossier for setting up a branch comprises:
a/ An application for setting up a branch;
b/ A copy of the paper proving the lawful
establishment of the foreign law-practicing organization, issued by a foreign
competent agency or organization;
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d/ A list of foreign lawyers expected to work at
the branch;
e/ A decision on nomination of a lawyer to be
the chief of the branch.
3. A dossier for setting up a foreign law firm
comprises:
a/ An application for setting up a foreign law
firm;
b/ A copy of the paper proving the lawful
establishment of the foreign law-practicing organization, issued by a foreign
competent agency or organization; a copy of the operation registration
certificate of the Vietnamese law-practicing organization, for a joint venture;
c/ A written introduction of the operations of
the foreign law-practicing organization; a written introduction of the
operations of the Vietnamese law-practicing organization, for a joint venture;
d/ A list of foreign lawyers expected to work at
the firm; a list of Vietnamese lawyers expected to work at the firm, enclosed
with copies of their law practice certificates and lawyer's cards;
e/ A draft charter of the foreign law firm; the
joint-venture contract, for a joint venture.
4. The charter of a foreign law firm has the
following principal contents:
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b/ Domains of law practice of the foreign law
firm;
c/ Rights, obligations, responsibilities and
relationships of member lawyers of the foreign law firm;
d/ The organizational and managerial structure
of the foreign law firm;
e/ The at-law representative of the foreign law
firm;
f/ The operation term and conditions for
termination of operations of the foreign law firm;
g/ The mode of amendment and supplementation of
the charter of the foreign law firm.
Article 79.-
Registration of operations of branches and foreign law firms
1. Within 60 days after being granted
establishment permits, branches or foreign law firms shall register their
operations at provincial/municipal Justice Services of the localities where
they are headquartered.
2. An operation registration dossier comprises:
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b/ A paper proving its head-office.
3. Within 10 working days after receiving a
complete dossier, the provincial/municipal Justice Service shall grant an
operation registration paper to the concerned branch or foreign law firm.
A branch or foreign law firm shall operate from
the date it is granted the operation registration paper.
Article 80.- Changes in
contents of establishment permits or operation registration permits of branches
or foreign law firms
1. A branch or foreign law firm which wishes to
change one of the following contents of its establishment permit must file an
application with the Justice Ministry and may make such a change only after
getting the latter's approval:
a/ The name of the branch or foreign law firm;
b/ The relocation of the office from one
province or centrally run city to another;
c/ The chief of the branch or the director of
the foreign law firm;
d/ The professional practice domains.
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2. Within 30 days after receiving a written
approval of changes in its establishment permit, the branch or foreign law firm
must register those changes with the provincial/municipal Justice Service of
the locality where it is headquartered; in case of relocation of its
head-office as prescribed at Point b, Clause 1 of this Article, it shall also
notify such in writing to the provincial/municipal Justice Service of the
locality where its old head-office is located.
3. In case of changes in the contents of its
operation registration paper, a branch or foreign law firm shall be re-granted
that paper.
4. When relocating its head-office within a
province or centrally run city, a branch or foreign law firm shall, within 10
working days after deciding on the relocation, notify in writing the
provincial/municipal Justice Service of the locality where it has registered its
operations.
Article 81.- Branches
of foreign law firms in Vietnam
1. A Vietnam-based foreign law firm may set up
branches inside and outside the province or centrally-run city where it
registers its operations.
2. Branches are dependent units of foreign law
firms in Vietnam, performing tasks under the latter's authorization in the
professional practice domains as stated in the latter's establishment permits.
3. Vietnam-based foreign law firms shall bear
responsibility for the operations of their branches.
4. Vietnam-based foreign law firms shall compile
and send dossiers on the establishment of branches to the Justice Ministry.
Within 30 days after receiving a complete dossier and fee, the Justice Ministry
shall consider and grant a branch-establishment permit. If refusing to grant
such a permit, it shall notify the applicant thereof in writing.
5. A dossier on the establishment of a branch
comprises:
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b/ A copy of the establishment permit of the
foreign law firm;
c/ A written authorization for a lawyer to be
the chief of the branch;
d/ A copy of the professional practice
certificate of the lawyer authorized to be the chief of the branch;
e/ A paper proving the branch's head-office.
6. Within 10 working days after receiving a
permit for establishment of a branch, the concerned foreign law firm shall
register operations of that branch with the provincial/municipal Justice
Service of the locality where its branch is located.
Article 82.- Grant,
extension of permits for proffessional practice in Vietnam by foreign lawyers
1. Foreign lawyers practicing law in Vietnam
shall compile and send dossiers of application for practice permits to the
Justice Ministry. Within 30 days after receiving a complete dossier and fee, the
Justice Ministry shall grant such a permit; in case of refusal, it shall notify
it in writing to the applicant.
2. A permit for foreign lawyers' professional
practice in Vietnam is valid for 5 years and may be extended for not more than
another 5 years each time.
3. Permits for foreign lawyers' professional
practice in Vietnam shall substitute their work permits under the provisions of
Vietnamese labor law regarding the grant of work permits for foreigners working
in Vietnam.
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a/ An application for permit for professional
practice in Vietnam;
b/ Papers certifying that the lawyer of the
foreign law-practicing organization is nominated to practice law in Vietnam or
that he/she is recruited by a branch, a Vietnam-based foreign law firm or a
Vietnamese law-practicing organization where he/she plans to work;
c/ A copy of the law practice certificate; a
curricula vitae; a juridical record card or substitute papers.
Chapter VII
MANAGEMENT OF LAW
PRACTICE
Article 83.-
Responsibility for state management of lawyers and law practice
1. The Government shall perform the unified
state management of lawyers and law practice.
2. The Justice Ministry shall take responsibility
before the Government for performing the state management of lawyers and law
practice, having the following tasks and powers:
a/ To formulate and submit to the Government for
decision strategies and policies for development of law practice;
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c/ To provide the framework program for lawyer
training; to coordinate with the Finance Ministry in setting tuition fees for
lawyer training; to manage and organize lawyer training;
d/ To grant and withdraw law-practice
certificates;
e/ To grant, withdraw and extend permits for
foreign lawyers' professional practice in Vietnam;
f/ To grant and withdraw permits for
establishment of foreign law-practicing organizations in Vietnam;
g/ To approve the charter of the national
lawyers' organization;
h/ To make sum-up reports to the Government on
lawyers' organizations and law practice;
i/ To inspect, examine and handle violations,
settle complaints and denunciations about lawyers' organizations and law
practice;
j/ To take measures to support the development
of law practice;
k/ To perform the state management of
international cooperation in relation to lawyers;
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3. Ministries and ministerial-level agencies
shall, within the ambit of their tasks and powers, coordinate with the Justice
Ministry in the state management of lawyers and law practice.
4. Provincial/municipal People's Committees
shall perform the state management of lawyers and law practice in localities,
having the following tasks and powers:
a/ To permit the setting up of bar associations
and decide on their dissolution;
b/ To approve charters of bar associations;
c/ To organize the grant and withdrawal of
operation registration papers of Vietnamese law-practicing organizations and
foreign law-practicing organizations in Vietnam;
d/ To inspect, examine and handle violations,
settle complaints and denunciations about the organization and operations of
bar associations and law-practicing organizations;
e/ To suspend the implementation and request
amendment of regulations, decisions and resolutions of bar associations which
are contrary to the provisions of this Law;
f/ To periodically report to the Justice
Ministry on the situation of lawyers' organizations and law practice in localities;
g/ To apply measures to support the development
of law practice in localities;
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Article 84.-
Self-control responsibility of socio-professional organizations of lawyers
Socio-professional organizations of lawyers
shall control lawyers and law practice by themselves according to the
provisions of this Law and their charters.
Socio-professional organizations of lawyers
shall coordinate with state management agencies in the management of lawyers
and law practice.
Chapter VIII
HANDLING OF VIOLATIONS,
SETTLEMENT OF DISPUTES
Section 1. DISCIPLINE OF
LAWYERS, SETTLEMENT OF DISPUTES
Article 85.- Discipline
of lawyers
1. Lawyers who violate the provisions of this Law,
charters, rules of professional ethics and conducts and other regulations of
socio-professional organizations of lawyers shall, depending on the nature and
severity of their violations, be subject to one of the following disciplinary
forms:
a/ Reprimand;
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c/ Suspension of the membership of a bar
association for between 6 and 24 months;
d/ Deletion of their names from the list of a
bar association.
2. The discipline of lawyers shall be considered
and decided by the managing boards of bar associations at the request of their
commendation and disciplinary councils.
3. When a lawyer is disciplined in the form of
having his/her name deleted from the list of lawyers of a bar association, the
bar association shall notify such in writing to the provincial/municipal
Justice Service and request the Justice Ministry to withdraw his/her
law-practice certificate, and request the national lawyers' organization to
withdraw his/her lawyer's card.
Article 86.- Complaint
about disciplinary decisions against lawyers
1. A lawyer is entitled to complain about a
disciplinary decision against him/her which is issued by the managing board of
a bar association.
The executive board of the national lawyers'
organization is competent to settle complaints against disciplinary decisions
of the managing boards of bar associations.
2. When disagreeing with a complaint-settling
decision of the executive board of the national lawyers' organization with
regard to the disciplinary form stipulated at Point c or d, Clause 1, Article
85 of this Law, a lawyer may further lodge a complaint with the Justice
Ministry. The time limit for the Justice Minister to settle a complaint is 30
days after the receipt of that complaint.
Article 87.- Complaint
about decisions or acts of the managing boards of bar associations or bodies of
the national lawyers' organization
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The executive board of the national lawyers'
organization is competent to settle complaints about decisions and acts of the
managing boards of bar associations.
2. When disagreeing with a complaint-settling
decision of the executive board of the national lawyers' organization regarding
a bar association's failure to request the Justice Ministry to grant a
law-practice certificate or refuse an application for participation in a bar
association, an individual may lodge a complaint with the Justice Minister. The
time limit for the Justice Minister to settle a complaint is 30 days after the
receipt of that complaint.
3. If having grounds to believe that decisions
or acts of bodies of the national lawyers' organization infringe upon their
legitimate rights or interests, individuals and organizations may complain
about those decisions or acts.
The executive board of the national lawyers'
organization is competent to settle complaints about decisions or acts of the
organization's bodies.
Article 88.- Settlement
of disputes
When disputes between clients, lawyers and
law-practicing organizations arise in relation to law-practice activities, the
managing boards of bar associations shall settle those disputes.
Section 2. HANDLING OF
VIOLATIONS OF LAWYERS AND LAW-PRACTICING ORGANIZATIONS
Article 89.- Handling
of violations of lawyers
Lawyers who violate the provisions of this Law
shall, apart from being disciplined, be administratively handled or examined
for penal liability, depending on the nature and severity of their violations;
if causing damage, they shall pay compensation in accordance with law.
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Vietnamese law-practicing organizations,
branches of foreign law-practicing organizations and Vietnam-based foreign law
firms which violate the provisions of this Law shall, depending on the nature
and severity of their violations, be administratively handled according to the
law on handling of administrative violations; if causing damage, they shall pay
compensation in accordance with law.
Article 91.- Handling
of acts of infringing upon legitimate rights and interests of lawyers and
law-practicing organizations
Persons holding positions or powers who commit
acts of infringing upon legitimate rights and interests of lawyers or
law-practicing organizations or obstructing lawyers or law-practicing
organizations from exercising their rights and/or performing their duties
shall, depending on the nature and severity of their violations, be disciplined
or examined for penal liability in accordance with law.
Article 92.- Handling
of violations of individuals and organizations that illegally practice law
1. Individuals who are unqualified but still
practice law in any form shall be forced to stop their violation acts, be fined
according to the law on handling of administrative violations or examined for
penal liability; if causing damage, they shall pay compensation in accordance
with law.
2. Organizations which practice law in any form
though failing to satisfy the relevant conditions shall be forced to stop their
violations and be handled in accordance with the law on handling of
administrative violations; if causing damage, they shall pay compensation in
accordance with law.
Chapter IX
IMPLEMENTATION
PROVISIONS
Article 93.-
Implementation effect
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The 2001 Ordinance on Lawyers ceases to be
effective from the effective date of this Law.
Article 94.-
Implementation guidance
The Government, the Supreme People's Procuracy
and the Supreme People's Court shall, within the ambit of their functions and
tasks, detail and guide the implementation of this Law.
This Law was passed on June 29, 2006, by the
XIth National Assembly at its ninth session.