Chapter VI
PROFESSIONAL PRACTICE BY FOREIGN LAW-PRACTICING ORGANIZATIONS AND FOREIGN LAWYERS IN VIETNAM
Section 1. PROFESSIONAL PRACTICE BY FOREIGN LAW-PRACTICING ORGANIZATIONS IN VIETNAM
Article 68.- Conditions for professional practice by foreign law-practicing organizations
Foreign law-practicing organizations which have been set up and lawfully practicing law in foreign countries, respect the Constitution and law of the Socialist Republic of Vietnam may practice law in Vietnam under the provisions of this Law.
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.
Tìm kiếm
Luật luật sư 2006 (Bản Pdf)
Luật luật sư 2006 (Bản Word)