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
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Article 2.-
Lawyers
Lawyers are persons who fully 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.
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4. Use of lawful measures for the
best protection of clients' legitimate rights and interests.
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.
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1. Lawyers are forbidden to commit
the following acts:
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.
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LAWYERS
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.
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4. The Government shall provide for
lawyer-training establishments.
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.
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2. Law probationers shall register their
probation with the bar associations of localities where law-practicing
organizations in which they are taking probation are based.
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.
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Article 16.-
Persons entitled to law practice probation exemption or reduction
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;
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e/ A copy of the lawyer-training
certificate or paper evidencing the lawyer-training exemption according to the
provisions of Clause 4, Article 13 of this Law;
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;
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f/ A health certificate.
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;
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Article 18.-
Withdrawal of law practice certificates
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.
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1. A person whose law practice
certificate has been withdrawn according to the provisions of Point a, b or c,
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.
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.
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a/ A written registration of
joining the bar association;
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
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a/ To practice law, to select forms
of law practice and forms of law-practicing organization in accordance with
this Law;
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;
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Chapter III
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.
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1. Practicing law in a
law-practicing organization.
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
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2. Lawyers may not use information
on cases, affairs or clients they know in professional practice for the purpose
of infringing upon the State's interests, public interests or legitimate rights
and interests of agencies, organizations or individuals.
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);
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f/ The mode of settlement of
disputes.
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.
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Article 28.-
Legal consultancy activities of lawyers
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.
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Article 31.-
Pro bono legal aid provided by lawyers
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.
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Article 33.-
Lawyer's office
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.
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A one-member limited liability law
firm is set up by one lawyer who is also the owner of the firm.
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.
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3. Within 10 working days after
receiving a complete dossier, the provincial/municipal Justice Service shall
grant an operation registration paper to the law-practicing organization; in
case of refusal, it shall give written notice, clearly stating the reasons
therefor and the person who is not granted that paper may lodge a complaint in
accordance with law.
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.
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3. Provincial/municipal Justice
Services shall supply in a timely manner all information on operation
registration contents of law-practicing organizations at the request of
organizations or individuals specified in Clause 2 of this Article.
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.
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1. To provide legal services;
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.
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3. To nominate its lawyers to
participate in legal proceedings according to the assignment of the bar
association.
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.
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A branch may operate from the date
it is granted an operation registration paper. Within 7 working days after
receiving the operation registration paper for its branch, the law-practicing
organization shall send written notices together with copies of that paper to
the provincial/municipal Justice Service, the bar association of the locality
where it registers its operations and the bar association of the locality where
its branch is based.
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
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Within 5 working days after setting
up a transaction office, a law-practicing organization shall notify in writing
the transaction office's address to the provincial/municipal Justice Service of
the locality where it registers its operations.
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.
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Law firms of the same type may be
merged or consolidated. The merger and consolidation of law firms shall comply
with the Enterprise Law.
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;
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3. Provincial/municipal Justice
Services may request law-practicing organizations to cease their operations if detecting
that the latter fail to meet the law-practicing conditions as provided for by
law.
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;
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e/ The chief of the lawyer's office
or the director of the one-member limited liability law firm dies.
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:
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b/ The termination is compliant
with the decision of the law-practicing organization that has set up such
branches or transaction offices;
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
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Lawyers practicing law individually
shall send law practice-registration dossiers to provincial/municipal Justice
Services. Within 7 working days after receiving complete dossiers,
provincial/municipal Justice Services shall grant law practice-registration
papers; in case of refusal, they must issue written notices, clearly stating the
reasons therefor. The applicants who are not granted law-practice registration
papers may lodge complaints in accordance with law.
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.
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1. Lawyers practicing law
individually under legal service contracts have the following rights:
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;
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f/ To abide by the competent state
agencies' requests on reporting, inspection and examination;
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.
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1. Remuneration levels are
calculated on the following grounds:
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.
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1. Remuneration levels shall be
agreed upon in legal service contracts; for criminal cases where lawyers
participate in legal proceedings, remuneration levels shall not exceed the
ceiling level set by the Government.
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.
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Chapter V
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.
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1. To represent lawyers in
professional practice and protect their legitimate rights and interests.
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.
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11. To gather and report lawyers'
thoughts, aspirations, opinions and proposals.
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
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2. The charter of a bar association
has the following principal contents:
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;
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j/ The relationship with other
agencies and organizations.
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
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2. To issue and oversee the
observance of the rules of professional ethics and conducts by lawyers.
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.
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12. To enter in international
cooperation in relation to lawyers.
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.
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Article 67.-
Charter of the national lawyers' organization
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;
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h/ The lawyer's probation charges;
the fee for participation in bar associations and membership fee;
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
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Article 69.-
Forms of professional practice by foreign law-practicing organizations
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.
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3. A foreign law-practicing
organization shall nominate one lawyer to be the chief of its branch. The chief
of a branch shall manage and administer the branch's operations in Vietnam and,
at the same time, be an authorized representative of the foreign law-practicing
organization. The chief of a branch may be a Vietnamese lawyer.
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;
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d/ To receive Vietnamese
probationary lawyers to practice law on probation;
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.
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g/ Other obligations as provided
for by this Law, the enterprise law, the investment law and relevant laws.
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:
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2. Working under contract for a
branch, foreign law firm or Vietnamese law-practicing organization.
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:
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b/ To observe the principles of law
practice and the obligations of lawyers provided for by this Law, and the rules
of professional ethics and conducts of lawyers;
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;
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c/ A written introduction of the
operations of the foreign law-practicing organization;
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.
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a/ Names, addresses of its
head-office and branches; name, address and competent representative of the
foreign law-practicing organization.
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.
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a/ A copy of the permit for
establishment of a branch or foreign law firm;
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;
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Within 30 days after receiving the
application for changes, the Justice Ministry shall consider and issue written
approval; in case of disapproval, it shall notify it in writing to the
applicant.
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.
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a/ An application for establishment
of a branch;
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.
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4. A dossier of application for a
permit for foreign lawyer's professional practice in Vietnam comprises:
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:
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b/ To elaborate and submit to
competent state agencies for promulgation or promulgate and guide legal
documents on lawyers according to its competence;
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;
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l/ To suspend the implementation
and request amendment of regulations, decisions and resolutions of the national
lawyers' organization which are contrary to the provisions of this Law.
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;
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h/ Other tasks and powers as
provided for by law.
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:
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b/ Caution;
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.
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1. If having grounds to believe
that decisions or acts of the managing boards of bar associations 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 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
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Article 90.-
Handling of violations of Vietnamese law-practicing organizations, branches of
foreign law-practicing organizations and Vietnam-based foreign law firms
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
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This Law takes effect on January 1,
2007.
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.