Form and Scope of Legal Practice for Foreign Lawyers in Vietnam as Regulated
What are the forms and scope of practice for foreign lawyers in Vietnam?
Based on the provisions of Article 75 of the Law on Lawyers 2006 regarding the forms of practice for foreign lawyers as follows:
Forms of practice for foreign lawyers
Foreign lawyers practicing in Vietnam in the following forms:
1. Work as a member of a branch or a foreign law firm in Vietnam;
2. Work under a contract for a branch, foreign law firm, or Vietnamese legal practice organization.
Thus, foreign lawyers practicing in Vietnam may do so in the following forms:
- Work as a member of a branch or a foreign law firm in Vietnam;
- Work under a contract for a branch, foreign law firm, or Vietnamese legal practice organization.
Simultaneously, based on Article 76 of the Law on Lawyers 2006 (amended by Clause 30 Article 1 of the Amended Law on Lawyers 2012) stipulates the scope of practice for foreign lawyers as follows:
Scope of practice for foreign lawyers
Foreign lawyers practicing in Vietnam are allowed to provide legal advice on foreign laws and international law, and to perform other legal services related to foreign law. They can provide legal advice on Vietnamese law if they have a Bachelor of Laws degree from Vietnam and meet all requirements similar to those of a Vietnamese lawyer. They are not permitted to participate in litigation as representatives, defenders, or protectors of the legitimate rights and interests of clients before Vietnamese courts.
Thus, the scope of practice for foreign lawyers is prescribed as above.
What are the forms and scope of practice for foreign lawyers in Vietnam?
What rights and obligations do foreign lawyers in Vietnam have according to regulations?
Based on the provisions of Article 77 of the Law on Lawyers 2006 (amended by Clause 37 Article 1 of the Amended Law on Lawyers 2012) which stipulates the rights and obligations of foreign lawyers as follows:
Rights and obligations of foreign lawyers
1. Foreign lawyers have the following rights:
a) Choose the form of practice in Vietnam as stipulated in Article 75 of this Law;
b) Transfer income from practice activities abroad in accordance with Vietnamese law;
c) Other rights as stipulated by this Law and other relevant legal provisions.
2. Foreign lawyers have the following obligations:
a) Pay personal income tax as stipulated by law;
b) Adhere to the principles of legal practice, and the obligations of lawyers as stipulated by this Law; the Code of Ethics and Professional Conduct for Vietnamese Lawyers;
c) Stay regularly in Vietnam;
d) Other obligations as stipulated by this Law and other relevant legal provisions.
Thus, the rights and obligations of foreign lawyers are regulated as above.
What are the conditions for obtaining a Law Practice License in Vietnam for foreign lawyers?
Based on the provisions of Article 74 of the Law on Lawyers 2006 (amended by Clause 29 Article 1 of the Amended Law on Lawyers 2012) which stipulates the conditions for foreign lawyers to practice law as follows:
Conditions for foreign lawyers to practice law
Foreign lawyers who meet the following conditions are granted a Law Practice License in Vietnam:
1. Have a valid lawyer practicing certificate issued by a competent foreign authority or organization;
2. Have experience in providing legal advice on foreign laws, international law;
3. Commit to comply with the Constitution and laws of the Socialist Republic of Vietnam and the Code of Ethics and Professional Conduct for Vietnamese Lawyers;
4. Be appointed by a foreign legal practice organization to practice in Vietnam or recruited by a branch, foreign law firm in Vietnam, or a Vietnamese legal practice organization.
Thus, based on the above provisions, to be granted a Law Practice License in Vietnam, foreign lawyers must meet the following conditions:
- Have a valid lawyer practicing certificate issued by a competent foreign authority or organization;
- Have experience in providing legal advice on foreign laws, international law;
- Commit to comply with the Constitution and laws of the Socialist Republic of Vietnam and the Code of Ethics and Professional Conduct for Vietnamese Lawyers;
- Be appointed by a foreign legal practice organization to practice in Vietnam or be recruited by a branch, foreign law firm in Vietnam, or a Vietnamese legal practice organization.
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