THE NATIONAL ASSEMBLY
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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The Law No. 20/2012/QH13
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Hanoi, November 20th 2012
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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 promulgate 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
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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’s 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);
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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.”
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“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 have 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.
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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
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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.
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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.
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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:
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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 c 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:
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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;
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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 Point a, b, c, e and k Clause 1 Article 18 of this law shall
be considered and reissue with the lawyer practicing certificate 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 a, b, c, e and k Clause 1 Article 18
of this law shall be considered and reissue with the lawyer practicing
certificate when the standards prescribed in this Law are met and the reasons
for revoking the certificate are eliminated.
3. The person that has had his or her lawyer practicing
certificate revoked as prescribed in Point g, h and i
Clause 1 Article 18 of this law shall be considered and reissue with the lawyer
practicing certificate 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.
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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 applicants 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.
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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;
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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;
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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 form 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.
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In case a 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:
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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, a examiner,
or a translator;
d) The lawyer has 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 includes:
a) Lawyer’s offices;
b) Law firms
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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.
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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.
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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.”
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“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 convertingthe 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 a
organization that does not practice law.
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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.
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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.”
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“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.
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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.
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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.
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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.
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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;
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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.”
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“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);
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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.
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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 lawyers that satisfy 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:
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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;
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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 have the
following tasks and authority:
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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, settle 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;
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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;
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g) Take measures for supporting the practice of lawyers locally;
h) Other tasks and authority prescribed in this Law.
Services of Justice shall assists 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:
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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.
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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