Chương 3 Nghị định 87/2003/NĐ-CP: Phạm vi hành nghề, quyền và nghĩa vụ của tổ chức hành nghề luật sư nước ngoài tại việt nam

Chapter III

SCOPE OF PROFESSIONAL PRACTICE, RIGHTS AND OBLIGATIONS OF VIETNAM-BASED FOREIGN LAWYER'S PROFESSION-PRACTICING ORGANIZATIONS

Article 29.- Scope of professional practice of Vietnam-based foreign lawyer's profession-practicing organizations

1. Vietnam-based foreign lawyer's profession-practicing organizations are allowed to provide legal consultancy and other legal services; must not designate their lawyers to participate in legal proceedings as defense counsels or representatives of their clients before the Vietnamese courts.

2. Vietnam-based foreign lawyer's profession-practicing organizations are allowed to provide legal consultancy on Vietnamese laws in the following cases:

a/ They employ Vietnamese lawyers to practice their profession for them.

b/ Foreign lawyers practicing their profession at Vietnam-based foreign lawyer's profession-practicing organizations have Vietnam's law university diplomas and fully satisfy the requirements as for Vietnamese lawyers.

Article 30.- Cooperation in legal consultancy with Vietnamese lawyers' organizations

Vietnam-based foreign lawyer's profession-practicing organizations are entitled to enter into long-term or case-by-case contracts on legal consultancy cooperation with Vietnamese lawyers' offices or Vietnamese law partnerships, in order provide consultancy on Vietnamese laws, foreign laws or international laws to their clients.

Article 31.- Hiring of foreign lawyers

1. Vietnam-based foreign lawyer's profession-practicing organizations may hire foreign lawyers who have licenses for professional practice in Vietnam to work for them.

2. Rights and obligations of foreign lawyers working for Vietnam-based foreign lawyer's profession-practicing organizations shall be agreed upon by such Vietnam-based foreign lawyer's profession-practicing organizations and foreign lawyers in contracts in compliance with the labor legislation and this Decree.

Article 32.- Hiring of Vietnamese lawyers

1. Vietnam-based foreign lawyer's profession-practicing organizations are entitled to hire Vietnamese lawyers to work for them.

2. Vietnamese lawyers practicing their profession at Vietnam-based foreign lawyer's profession-practicing organizations are entitled to provide legal consultancy and other legal services; must not participate in legal proceedings as defense counsels or representatives of their clients before the Vietnamese courts.

3. Rights and obligations of Vietnamese lawyers practicing their profession at Vietnam-based foreign lawyer's profession-practicing organizations shall be agreed upon in labor contracts in compliance with the provisions of the Lawyer Ordinance, this Decree and the labor legislation.

Article 33.- Hiring of Vietnamese laborers and/or foreign laborers who are not lawyers

1. Vietnam-based foreign lawyer's profession-practicing organizations are entitled to sign labor contracts with Vietnamese citizens and/or foreigners, who are not lawyers, according to the provisions of the labor legislation.

2. Rights and obligations of Vietnamese laborers, foreign laborers who are not lawyers and working for Vietnam-based foreign lawyer's profession-practicing organizations are specified in their contracts in compliance with the labor legislation.

Article 34.- Admission of Vietnamese probationary lawyers

1. Vietnam-based foreign lawyer's profession-practicing organizations may admit probationary lawyers of Vietnamese bar associations to apprentice the lawyer's profession practice thereat.

2. The profession apprentice by Vietnamese probationary lawyers at Vietnam-based foreign lawyer's profession-practicing organizations shall comply with the provisions of the Vietnamese law on the lawyer profession apprentice regime.

Vietnamese probationary lawyers on professional apprentice at Vietnam-based foreign lawyer's profession-practicing organizations must not participate in legal proceedings as defense counsels or representatives of clients before the Vietnamese courts.

3. Rights and obligations of Vietnamese probationary lawyers shall be agreed upon by the Vietnam-based foreign lawyer's profession-practicing organizations and such Vietnamese probationary lawyers in compliance with the provisions of law.

4. Bar associations of localities where the offices of Vietnam-based foreign lawyer's profession-practicing organizations are located shall recommend probationary lawyers with such Vietnam-based foreign lawyer's profession-practicing organizations; supervise and appraise the probation results of the probationary lawyers at Vietnam-based foreign lawyer's profession-practicing organizations.

Article 35.- The accounting and statistical regime and financial obligations

1. Vietnam-based foreign lawyer's profession-practicing organizations must implement the accounting and statistical regime according to the provisions of Vietnamese law; open accounts in foreign currencies and Vietnam dong at Vietnamese banks, joint-venture banks or foreign banks licensed to operate in Vietnam, and effect all revenues and expenditures via such accounts.

2. Vietnam-based foreign lawyer's profession-practicing organizations are obliged to pay taxes according to the provisions of law.

3. Vietnam-based foreign lawyer's profession-practicing organizations must strictly observe the law provisions on foreign exchange management.

Article 36.- Import of means necessary for operation

Vietnam-based foreign lawyer's profession-practicing organizations are allowed to import assorted means necessary for their operation in Vietnam according to the provisions of law.

Article 37.- Overseas transfer of incomes

Branches, foreign law firms, foreign partners to foreign-Vietnam law partnerships are entitled to transfer overseas incomes earned from their professional practice activities according to the provisions of law.

Article 38.- Damage compensation liability

Vietnam-based foreign lawyer's profession-practicing organizations are liable to pay compensations for material damage caused to their clients by their lawyers who are at fault.

Article 39.- Professional liability insurance

Vietnam-based foreign lawyer's profession-practicing organizations are obliged to buy professional liability insurance for their lawyers practicing the lawyer's profession in Vietnam according to the provisions of the insurance legislation.

Article 40.- The regime of notification of and reporting on organization and operation

1. Vietnam-based foreign lawyer's profession-practicing organizations shall have to notify in writing the provincial/municipal Justice Services of the localities where they are headquartered of the following contents:

a/ The lists or changes in the lists of foreign lawyers, Vietnamese lawyers, Vietnamese laborers, foreign laborers, Vietnamese probationary lawyers on professional probation at Vietnam-based foreign lawyer's profession-practicing organizations;

b/ Relocation of their offices within the provinces or centrally-run cities where they are allowed to be set up.

2. Vietnam-based foreign lawyer's profession-practicing organizations shall have to report in writing biannually and annually on their organization and operation to the Justice Ministry and the provincial/municipal Justice Services of the localities where their offices are located. In case of necessity, they shall have to report at requests of the Justice Ministry and the concerned agencies according to the provisions of law.