Chương 5 Nghị định 87/2003/NĐ-CP: Quản lý hành nghề của tổ chức luật sư nước ngoài, luật sư nước ngoài tại việt nam

Chapter V

MANAGEMENT OF PROFESSIONAL PRACTICE BY FOREIGN LAWYERS ORGANIZATIONS AND FOREIGN LAWYERS IN VIETNAM

Article 47.- Tasks and powers of the Justice Ministry

The Justice Ministry manages the professional practice by foreign lawyers' organizations and foreign lawyers in Vietnam, having the following tasks and powers:

1. To elaborate and submit to the competent agencies for promulgation legal documents on professional practice by foreign lawyers' organizations and foreign lawyers in Vietnam; to guide the implementation of such legal documents;

2. To grant, change contents of licenses for establishment of Vietnam-based foreign lawyer's profession-practicing organizations; to permit the setting up of branches of foreign law firms or foreign-Vietnam law partnerships; to grant licenses for foreign lawyers to practice their profession in Vietnam;

3. To examine and inspect the organization and activities of Vietnam-based foreign lawyer's profession-practicing organizations and foreign lawyers in Vietnam in case of handling of violations or settlement of complaints and denunciations or in case of necessity;

4. To act as the key body in charge of settling matters related to the professional practice by Vietnam-based foreign lawyer's profession-practicing organizations and foreign lawyers in Vietnam;

5. To suspend professional practice for a definite time or withdraw licenses for professional practice in Vietnam of foreign lawyers; to suspend the operation for a definite time or withdraw the establishment licenses of Vietnam-based foreign lawyer's profession-practicing organizations.

Article 48.- Tasks and powers of the ministries, ministerial-level agencies and agencies attached to the Government

The ministries, ministerial-level agencies and agencies attached to the Government shall, within the ambit of their respective tasks and powers, coordinate with the Justice Ministry in managing the professional practice by foreign lawyers' organizations and foreign lawyers in Vietnam.

Article 49.- Tasks and powers of the People's Committees of the provinces and centrally-run cities

1. The People's Committees of the provinces and centrally-run cities shall, within the ambit of their tasks and powers, perform the management of the professional practice by foreign lawyers' organizations and foreign lawyers in their respective localities, and handle violations according to the provisions of this Decree.

2. The provincial/municipal Justice Services of the localities where the offices of Vietnam-based foreign lawyer's profession-practicing organizations are located shall assist the People's Committees of the provinces and centrally-run cities in performing the management of the professional practice by foreign lawyers' organizations and foreign lawyers in their respective localities, having the following tasks and powers:

a/ To effect the registration of operation or change in the contents of licenses for establishment of Vietnam-based foreign lawyer's profession-practicing organizations; to effect the registration of operation of branches of foreign law firms or foreign-Vietnam law partnerships;

b/ To supply information on the operation registration of Vietnam-based foreign lawyer's profession-practicing organizations, branches of foreign law firms and branches of foreign-Vietnam law partnerships to the State agencies, organizations and individuals that have the requests therefor according to the provisions of law;

c/ To monitor the hiring of foreign lawyers, Vietnamese lawyers, foreign laborers and Vietnamese laborers, the professional practice cooperation, the admission of Vietnamese probationary lawyers by Vietnam-based foreign lawyer's profession-practicing organizations; the hiring and professional practice of foreign lawyers at Vietnamese lawyers offices or Vietnamese law partnerships.

d/ To perform other activities of management over the professional practice of Vietnam-based foreign lawyer practice organization and foreign lawyers in Vietnam under the direction or guidance of the Justice Ministry and the People's Committees of the provinces and centrally-run cities where the offices of the Vietnam-based foreign lawyer's profession-practicing organizations are located.

e/ To examine and inspect the organization and operation of Vietnam-based foreign lawyer's profession-practicing organizations;

f/ To biannually and annually report to the Justice Ministry and the People's Committees of the provinces and centrally-run cities on the organization and operation of Vietnam-based foreign lawyer's profession-practicing organizations within their respective assigned competence and management scope.