THE
MINISTRY OF JUSTICE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
02/2007/TT-BTP
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Hanoi
, April 25th, 2007
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CIRCULAR
GUIDING A NUMBER OF PROVISIONS OF THE LAW ON LAWYERS AND THE
DECREE DETAILING AND GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE
LAW ON LAWYERS
Pursuant to the June 29, 2006
Law No. 65/2006/QH11 on Lawyers;
Pursuant to the National Assembly's Resolution No. 65/2006/QH11 of June 29,
2006, on the implementation of the Law on Lawyers;
Pursuant to the Government's Decree No. 28/2007/ND-CP of February 26, 2007,
detailing and guiding the implementation of a number of articles of the Law on
Lawyers;
Pursuant to the Government's Decree No. 62/2003/ND-CP of June 6, 2003, defining
the functions, tasks, powers and organizational structure of the Ministry of
Justice;
The Ministry of Justice guides the implementation of a number of provisions of
the Law on Lawyers and Decree No. 28/2007/ND-CP as follows:
I. LAWYER
TRAINING
1. Lawyer-training
establishments include the Justice Academy under the Justice Ministry and
lawyer-training establishments set up by the National Bar Association.
A lawyer-training establishment
must satisfy all the following criteria:
a/ Having at least one trainer
for every 20 trainees;
A trainer training lawyers must
be a lawyer who has practiced law as a lawyer, a judge, a procurator or a
specialized legal expert for at least 5 years; has professional prestige,
teaching skills, and good political and moral qualities;
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b/ Having a contingent of
administrators, including the director and officers in charge of organization,
training, administrative affairs and administration;
c/ Having a lawyer-training
program and textbooks conformable with the framework program promulgated by the
Minister of Justice;
d/ Having stable facilities,
adequate financial capacity and other physical conditions for at least 200
trainees per training course.
2. A dossier of application for
permission to set up a lawyer-training establishment comprises:
a/ A written request for
permission to set up a lawyer-training establishment;
b/ A scheme on setting up a
lawyer-training establishment, specifying sources of trainers and
administrators, training scope, location of the establishment and financial
sources;
c/ The curriculum vitae of the
director of the establishment;
d/ A list of trainers, enclosed
with their resumes; and written commitments on participation in training at the
establishment, for part-time trainers;
e/ The lawyer-training program
and textbooks expected to be used;
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g/ A competent finance agency's
written certification of the financial capacity of the applying organization.
3. Dossiers of application for
permission to set up lawyer-training establishments are sent to the Ministry of
Justice. Within 30 days after receiving a complete dossier, the Minister of
Justice shall consider and issue a permit for setting up a lawyer-training
establishment; in case of refusal, he/she shall give a written reply clearly
stating the reason.
The Judicial Assistance
Department shall receive and evaluate dossiers of application for permission to
set up lawyer-training establishments.
4. A lawyer-training
establishment set up by the National Bar Association has the legal status and
operates according to the law applicable to non-public education and training
establishments.
5. The Judicial Assistance Department
shall assume the prime responsibility for, and coordinate with the Personnel
and Organization Department and the Justice Academy in formulating a
lawyer-training framework program to be submitted to the Minister of Justice
for promulgation.
6. If wishing to be recognized
in Vietnam, persons holding lawyer-training certificates issued by competent
foreign agencies or organizations shall send dossiers of request to the
Ministry of Justice.
A dossier of request for
recognition of a lawyer-training certificate comprises:
a/ A written request for
recognition of a lawyer-training certificate;
b/ A copy of the lawyer-training
graduation certificate, enclosed with the relevant lawyer-training program.
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II. PROCEDURES
FOR WITHDRAWAL OF LAW PRACTICE CERTIFICATES
1. The Minister of Justice may
decide to withdraw the law practice certificate of a lawyer who falls into one
of the cases specified in Clause 1, Article 18 of the Law on Lawyers.
2. If a lawyer is disciplined in
the form of having his/her name deleted from the roll of lawyers of a bar
association, within 7 working days after issuing the disciplining decision, the
managing board of the bar association where the disciplined lawyer works may
make a written request to the Minister of Justice for withdrawal of that
lawyer's law practice certificate.
If detecting that a lawyer falls
into one of the cases specified at Point a, b, c, e or f, Clause 1, Article 18
of the Law on Lawyers, the managing board of the bar association of which the
lawyer is a member shall report the case to and request the Minister of Justice
to withdraw that lawyer's law practice certificate.
3. Within 15 days after
receiving a written request for withdrawal of a law practice certificate, the
Minister of Justice shall issue a decision on the withdrawal of the law
practice certificate; in case of refusal, he/she shall give a written reply
stating the reason.
A decision on the withdrawal of
a law practice certificate is sent to the lawyer who has the withdrawn
certificate, the bar association of which he/she was a member, the National Bar
Association, the central legal proceeding-conducting agencies and the
provincial/municipal Justice Service of the locality where exists the bar
association of which the lawyer was a member.
Within 7 working days after
issuing a decision on the withdrawal of a law practice certificate, the
Ministry of Justice shall publish that decision in three consecutive issues of
the Vietnam Law (Phap Luat Viet Nam) newspaper.
Within 7 working days after
receiving a decision on the withdrawal of a law practice certificate, the
National Bar Association shall withdraw the lawyer's card of the lawyer having
the withdrawn certificate. The managing board of the bar association is
responsible for collecting the law practice certificate and lawyer's card of
that lawyer.
4. A person whose law practice
certificate is withdrawn must stop practicing law from the date the decision on
the withdrawal of the law practice certificate takes effect.
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1. Law practice certificates
granted under the 2001 Ordinance on Lawyers continue to be valid according to
the Law on Lawyers.
2. Probationary lawyers governed
by the 2001 Ordinance on Lawyers may continue to practice law on a probationary
basis; but must neither agree to provide nor provide legal services to
customers.
If a probationary lawyer
governed by the 2001 Ordinance on Lawyers is providing legal services to a
customer, he/she must hand over the case to the supervisory lawyer; if the
customer disagrees, the law-practicing organization where the supervising
lawyer practices law and the customer may reach agreement on the handling of
the case.
3. The probation period of a
lawyer under the 2001 Ordinance on Lawyers shall be accounted into the
probation period of that lawyer under the Law on Lawyers.
4. Lawyer's cards granted under
the 2001 Ordinance on Lawyers are no longer valid. The managing boards of bar
associations are responsible for withdrawing probationary lawyer's cards.
5. A probationary lawyer under
the 2001 Ordinance on Lawyers who practices law in a law-practicing
organization in a locality other than the locality where exists the bar
association which he/she has joined may continue practicing law on a
probationary basis at that organization but must register the probation in
accordance with the Law on Lawyers at the bar association in the locality where
that organization registers its operation. When registering the probation, a
probationary lawyer shall transfer the original dossier from the bar
association which he/she has joined to the bar association where he/she
registers the probation.
6. Pending the establishment of
the National Bar Association, the Ministry of Justice shall examine lawyer's
probation results in accordance with the Regulation on lawyers' probation
completion tests issued together with the Justice Minister's Decision No.
667/2004/QD-BTP of December 8, 2004.
7. Pending the establishment of
the National Bar Association, the managing boards of bar associations shall
grant lawyer's cards according to the form set by the Ministry of Justice.
IV.
TRANSITIONAL PROVISIONS APPLICABLE TO LAW-PRACTICING ORGANIZATIONS
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When a law partnership which has
registered its operation under the 2001 Ordinance on Lawyers wishes to provide
legal services related to legal proceedings, it shall submit an application for
addition of this business line together with the granted operation registration
paper to the provincial/municipal Justice Service where it has registered its
operation. Within 10 working days after receiving the application, the
provincial/municipal Justice Service shall re-grant the operation registration
paper to the law partnership in accordance with the Law on Lawyers.
2. Within 6 months after the Law
on Lawyers takes effect, a lawyers' office set up by some lawyers under the
2001 Ordinance on Lawyers must fill in the procedures for transformation into a
law partnership in accordance with the Law on Lawyers at the
provincial/municipal Justice Service where it has registered its operation; in
case of no transformation, it must terminate its operation.
A transformation dossier comprises:
a/ A written request for
transformation;
b/ The draft charter of the law
partnership;
c/ The roll of members;
d/ The operation registration
paper of the lawyer's office.
Within 7 working days after
receiving a complete dossier, the provincial/municipal Justice Service shall
grant an operation registration paper to the law partnership.
The law partnership may use the
name of the former lawyer's office or select a new name. The law partnership is
entitled to the rights of the transformed lawyer's office and is obliged to
perform the obligations which have not yet been fulfilled by the office.
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3. Lawyer's offices and law
partnerships which registered their operation under the 2001 Ordinance on
Lawyers and which now wish to be transformed into limited liability law firms
must stop their operations and fill in procedures for registration of operation
of limited liability law firms in accordance with the Law on Lawyers. Limited
liability law firms may use the names of the lawyer's offices or the law
partnerships which have terminated operation.
4. Operation registration papers
of law-practicing organizations and law practice registration papers of
individually practicing lawyers are numbered as follows:
The first two figures are the
provincial code; the following two figures are the code of the form of law
practice; and the last four figures are the ordinal numbers used commonly for
various types of law-practicing organizations, their branches and individually
practicing lawyers.
The ordinal numbers of the
operation registration papers or law practice registration papers granted under
the Law on Lawyers follow the last registered ordinal number of the
registration paper granted under the 2001 Ordinance on Lawyers. For cases of
transformation under Clauses 2 and 3 of this Section, the registered ordinal
numbers of a lawyer's office or a law firm shall be retained in the newly
granted operation registration paper.
V.
TRANSITIONAL PROVISIONS APPLICABLE TO FOREIGN LAW-PRACTICING ORGANIZATIONS AND
FOREIGN LAWYERS IN VIETNAM
1. Establishment permits and
operation registration papers of branches of foreign law-practicing
organizations or foreign law firms in Vietnam, branches of foreign law firms in
Vietnam and permits for foreign lawyers to practice law in Vietnam, which were
granted under the Government's Decree No. 87/2003/ND-CP of July 22, 2003, on
law practice by foreign law-practicing organizations and foreign lawyers in
Vietnam, continue to be valid according to the Law on Lawyers.
2. Registration numbers of the
operation registration papers of foreign law-practicing organizations in
Vietnam, which are granted under the Law on Lawyers, follow the last
registration number of the registration paper granted under the Government's
Decree No. 87/2003/ND-CP of July 22, 2003, on professional practice by foreign
lawyers' organizations and foreign lawyers in Vietnam.
VI.
TRANSFORMATION PROVISIONS APPLICABLE TO ORGANIZATIONS AND INDIVIDUALS DEALING
IN LEGAL SERVICES UNDER THE ENTERPRISE LAW
1. Within 6 months from the date
the Law on Lawyers takes effect, organizations having registered to deal in
legal services under the Enterprise Law shall fill in procedures for
termination of the provision of legal services according to the Enterprise Law;
if wishing to continue providing legal services, they shall register their
operation at provincial/municipal Justice Services in one of the forms of
law-practicing organizations provided for in the Law on Lawyers.
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VII.
TRANSITIONAL PROVISIONS APPLICABLE TO BAR ASSOCIATIONS
1. Bar associations set up under
the 2001 Ordinance on Lawyers may continue to operate in accordance with the
Law on Lawyers.
2. The managing boards and the
commendation and discipline councils of bar associations elected under the 2001
Ordinance on Lawyers may continue performing their tasks and powers according
to the Law on Lawyers till the new ones are elected in accordance with this
Law.
VIII.
EXAMINATION, INSPECTION OF LAW-PRACTICING ORGANIZATIONS AND LAW PRACTICE
1. The Ministry of Justice and
People's Committees of provinces and centrally run cities shall examine
law-practicing organizations and law practice according to their competence.
2. Annually,
provincial/municipal Justice Services shall examine law-practicing
organizations and law practice in their localities. The time and contents of
periodical examination must be notified to examinees at least 7 days in
advance.
Provincial/municipal Justice
Services may conduct extraordinary examinations at the request of the Ministry
of Justice or provincial/municipal People's Committees.
3. The examination covers:
a/ Examining the organization
and law practice of Vietnamese and foreign law-practicing organizations in
Vietnam;
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c/ Examining the observance of
law by lawyers' socio-professional organizations.
4. The Ministry of Justice,
provincial/municipal People's Committees and provincial/municipal Justice
Services shall inspect law-practicing organizations and law practice in
accordance with the inspection law.
IX. REPORTING
1. Biannually and annually,
provincial/municipal Justice Services shall report to the Ministry of Justice
on law-practicing organizations and law practice in their localities. Biannual
reports are made for the period from January 1 to June 30 and must be sent
before July 15 while annual reports for the period from January 1 to December
31 and sent before January 15 of the year following the reporting year.
In addition to periodical
reports, provincial/municipal Justice Services shall report on law-practicing
organizations and law practice in their localities at the request of the
Ministry of Justice.
2. Provincial/municipal Justice
Services shall report to provincial/municipal People's Committees on
law-practicing organizations and law practice in their localities.
X. TO
PROMULGATE TOGETHER WITH THIS CIRCULAR FORMS
OF THE FOLLOWING PAPERS (all forms are not printed herein):
1. Written request for the grant
of a law practice certificate.
2. Resume.
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4. Written request for registration
of operation of a law partnership or a limited liability law firm with two or
more members.
5. Written request for
registration of operation of a law-practicing organization's branch.
6. Written request for
registration of law practice by an individual lawyer.
7. Operation registration paper
of a lawyer's office or a one member limited liability law firm.
8. Operation registration paper
of a law partnership or a limited liability law firm with two or more members.
9. Operation registration paper
of a law-practicing organization's branch.
10. Operation registration paper
of individually practicing lawyer.
11. Report of the
provincial/municipal Justice Service on law-practicing organizations and law
practice in a locality.
12. Application for permission
to set up a branch of a foreign law-practicing organization or a limited
liability law firm with 100% foreign capital in Vietnam.
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14. Application for a law
practice permit for a foreign lawyer in Vietnam.
15. Operation registration paper
of a foreign law-practicing organization's branch in Vietnam.
16. Operation registration paper
of a limited liability law firm with 100% foreign capital in Vietnam.
17. Operation registration paper
of a limited liability law firm in the form of a joint venture in Vietnam.
18. Operation registration paper
of a foreign law firm's branch in Vietnam.
19. Report on the organization
and operation of a foreign law firm's branch in Vietnam.
20. Report of the
provincial/municipal Justice Service on law practice by branches, foreign law
firms and foreign lawyers in a locality.
XI.
IMPLEMENTATION EFFECT
This Circular takes effect 15
days after its publication in "CONG BAO."
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THE
MINISTRY OF JUSTICE
MINISTER
Uong Chu Luu