Luật Luật sư - văn bản tiếng Anh - Law on Lawyers of Vietnam.
Tải về Luật Luật sư (bản tiếng Anh) - Law on Lawyers of Vietnam: TẠI ĐÂY
THE NATIONAL ASSEMBLY
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness |
No: 65/2006/QH11
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Hanoi, June 29, 2006
|
LAW
ON LAWYERS
Pursuant to the 1992 Constitution of the Socialist Republic of
Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10
of December 25, 2001, of the Xh National Assembly, the 10th session;
This Law provides for lawyers and the practice of law.
Chapter I
GENERAL PROVISIONS
Article 1.- Governing
scope
This Law provides for the principles, conditions, scope and forms of
professional practice by, as well as criteria, rights and obligations of,
lawyers, law-practicing organizations and socio-professional organizations of
lawyers; the management of law practice and professional practice by foreign
law-practicing organizations and foreign lawyers in Vietnam.
Article 2.- Lawyers
Lawyers are persons who fully the meet the criteria and conditions for
professional practice under the provisions of this Law and provide legal
services at the request of individuals, agencies or organizations (hereinafter
collectively referred to as clients).
Article 3.- Social
functions of lawyers
Legal professional activities aim at contributing to the protection of
justice, the economic development and the building of an equitable, democratic
and civilized society.
Article 4.- Legal
services provided by lawyers
Legal services provided by lawyers include participation in legal
proceedings, provision of legal consultancy, representation of clients beyond
legal proceedings and other legal services.
Article 5.- Principles
for law practice
1. Observance of the Constitution and law.
2. Observance of the rules on legal professional ethics and conducts.
3. Independence, honesty and respect for objective truths.
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.
Article 9.- Prohibited
acts
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.
Chapter II
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.
3. The Justice Minister shall provide a framework program for lawyer
training and the recognition of lawyer training overseas.
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.
Law-practicing organizations shall assign lawyers to guide probationers
in the practice of law.
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.
3. Persons who pass law practice-probation tests shall be granted
certificates by the Justice Minister at the request of the law practice
probation result-testing council.
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;
d/ A copy of the law bachelor or master diploma;
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;
e/ Papers evidencing the lawyer-training exemption under the provisions
of Clauses 1, 2 and 3, Article 13 and law practice probation exemption under
the provisions of Clause 1, Article 16, of this Law;
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;
f/ The persons defined at Point a of this Clause who have been dismissed
for under three years, counting from the date the dismissal decision takes
effect.
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.
Article 19.- Re-grant
of law practice certificates
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.
2. A person who possesses a law practice certificate shall send a
dossier for joining a bar association to that association's managing board.
Such a dossier comprises:
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
1. Lawyers have the following rights:
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;
e/ Other obligations as provided for by this Law.
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.
Article 23.- Forms
of law practice by lawyers
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
1. Unless it is consented by clients in writing or otherwise provided
for by law, lawyers may not disclose information on cases, affairs or clients
they know in the course of professional practice.
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);
e/ Liabilities incurred upon a breach of the contract.
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.
5. When they need to contact individuals, agencies or organizations to
exercise their rights, perform their obligations or carry out activities
related to the defense or protection of interests of their clients, lawyers
shall produce lawyer's cards and certificates of participation in legal
proceedings.
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.
2. When providing other legal services, lawyers have the rights and
obligations as provided for by relevant laws.
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.
3. A lawyer may only establish, or join in the establishment of, one
law-practicing organization in the locality where exists a bar association of
which he/she is a member. Where lawyers of different bar associations jointly
set up a law firm, they may opt to establish it and register its operations in
the locality where exists the bar association of which one of them is a member.
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.
A limited liability law firm with two or more members must be set up by
at least two lawyers.
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.
d/ Papers evidencing the headquarters of the law-practicing
organization.
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.
2. Organizations and individuals may request provincial/municipal
Justice Services to supply information on operation registration contents of
law-practicing organizations, grant copies of operation registration papers,
certify changes in operation registration contents or extract those contents of
law-practicing organizations and shall pay fees in accordance with law.
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.
Article 39.- Rights
of a law-practicing organization
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.
2. To fulfill its commitments to clients.
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.
2. A branch of a law-practicing organization shall register its
operations at provincial/municipal Justice Service of the locality where it is
based. The law-practicing organization shall file a dossier for registration of
operations of its branch with the provincial/municipal Justice Service. Within
7 working days after receiving a complete dossier, the provincial/municipal
Justice Service shall grant an operation registration paper to the concerned
branch; in case of refusal, it shall notify such in writing, clearly stating
the reasons therefor. The person who is not granted an operation registration
paper may lodge a complaint in accordance with law.
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
The transaction office of a law-practicing organization may be set up
within a province or centrally-run city where that organization registers its
operations. The transaction office is the place to receive cases, affairs and
requests of clients. It may not provide legal services.
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.
Article 45.- Merger
and consolidation of law firms
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;
f/ The report on the payment of debts and the handling of legal service
contracts already signed with clients and labor contracts already signed with
its lawyers and staff members.
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;
d/ The law firm is merged or consolidated;
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:
a/ The law-practicing organization that has set up such branches or
transaction offices terminates its operations;
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
1. A lawyer practicing law individually shall register his/her
professional practice at the provincial/municipal Justice Service of the
locality where exists a bar association of which he/she is member.
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.
Article 52.- Rights
and obligations of lawyers practicing law individually under legal service
contracts
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;
e/ To observe the tax, financial and statistical laws;
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.
Article 55.- Grounds
and modes of calculating remunerations
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.
Article 56.- Remunerations
and expenses for lawyers who provide legal services under legal service
contracts
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.
2. The settlement of disputes over wages for lawyers practicing law
individually under labor contracts with agencies or organizations shall comply
with the labor law.
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.
Article 61.- Tasks
and powers of a bar association
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.
10. To sum up and exchange experience, provide professional training and
fostering and take other measures to raise professional skills of lawyers.
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
1. Based on the provisions of this Law, the law on associations and the
charter of the national lawyers' organization, the plenary congress or the
lawyer deputies' congress of a bar association shall approve the charter of the
bar association.
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;
i/ The settlement of complaints and denunciations within the bar
association;
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
1. To represent and protect the legitimate rights and interests of
lawyers and bar associations nationwide.
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.
11. To join in law-making and jurisprudent research activities as well
as in law dissemination and education.
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.
2. Tasks and powers of bodies of the national lawyers' organization are
provided for in its charter.
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;
g/ The structure and number of deputies; tasks and powers of the
national lawyer deputies' congress; procedures and order for organizing a
congress;
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
IN VIETNAM
Article 68.- Conditions
for professional practice by foreign law-practicing organizations
Foreign law-practicing organizations which have been set up and lawfully
practicing law in foreign countries, respect the Constitution and law of the
Socialist Republic of Vietnam may practice law in Vietnam under the provisions
of this Law.
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.
2. Foreign law-practicing organizations and their branches shall take
responsibility before Vietnamese law for their branches' operations.
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;
c/ To hire foreign lawyers, Vietnamese lawyers, foreign laborers and
Vietnamese laborers;
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.
f/ To import facilities necessary for their operations in accordance
with Vietnamese law;
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:
1. Working individually for a Vietnam-based branch or foreign law firm;
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:
a/ To pay personal income tax in accordance with law;
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;
b/ A copy of the paper proving the lawful establishment of the foreign
law-practicing organization, issued by a foreign competent agency or
organization;
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.
4. The charter of a foreign law firm has the following principal
contents:
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.
2. An operation registration dossier comprises:
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;
d/ The professional practice domains.
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.
5. A dossier on the establishment of a branch comprises:
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.
3. Permits for foreign lawyers' professional practice in Vietnam shall
substitute their work permits under the provisions of Vietnamese labor law
regarding the grant of work permits for foreigners working in Vietnam.
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:
a/ To formulate and submit to the Government for decision strategies and
policies for development of law practice;
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;
k/ To perform the state management of international cooperation in
relation to lawyers;
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;
g/ To apply measures to support the development of law practice in
localities;
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:
a/ Reprimand;
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.
Article 87.- Complaint
about decisions or acts of the managing boards of bar associations or bodies of
the national lawyers' organization
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
Lawyers who violate the provisions of this Law shall, apart from being
disciplined, be administratively handled or examined for penal liability,
depending on the nature and severity of their violations; if causing damage,
they shall pay compensation in accordance with law.
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
Article 93.- Implementation effect
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.
Ý KIẾN