License for Practicing Law in Vietnam for Foreign Lawyers Extended for How Many Years?
The practicing license for foreign lawyers in Vietnam can be extended for up to how many years?
According to Clause 2, Article 82 of the Law on Lawyers 2006 (amended by Clause 31, Article 1 of the Amended Law on Lawyers 2012), the regulation states as follows:
Issuance and extension of the practicing license for foreign lawyers in Vietnam
1. Foreign lawyers practicing in Vietnam must submit a dossier to the Ministry of Justice for the issuance of a practicing license. Within thirty days from the date of receipt of a valid dossier and fee, the Ministry of Justice shall issue a practicing license to the foreign lawyer; in case of refusal, a written notice with clear reasons must be provided.
2. The practicing license for foreign lawyers in Vietnam is valid for five years and can be extended, each extension not exceeding five years.
3. The practicing license for foreign lawyers in Vietnam replaces the work permit according to the legal provisions of Vietnam on issuing work permits for foreign citizens working in Vietnam.
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5. The dossier requesting the extension of the practicing license for foreign lawyers in Vietnam must be submitted to the Ministry of Justice no later than thirty days before the expiration date stated in the license. The dossier includes:
a) Application for extension of the practicing license in Vietnam with confirmation from the foreign law practice organization or the Vietnamese law practice organization regarding the employment of the lawyer;
b) The original practicing license in Vietnam;
c) Opinion of the Department of Justice on the practicing process of the foreign lawyer in Vietnam.
Within seven working days from the date of receipt of a valid dossier, the Ministry of Justice shall decide on the extension of the practicing license for the foreign lawyer; in case of refusal to extend, a written notice with clear reasons must be provided.
According to the above regulation, each extension of the practicing license for foreign lawyers in Vietnam should not exceed 5 years.
The practicing license for foreign lawyers in Vietnam can be extended for up to how many years?
What are the rights and obligations of foreign lawyers practicing in Vietnam?
According to Article 77 of the Law on Lawyers 2006 (amended by Clause 37, Article 1 of the Amended Law on Lawyers 2012), the regulation states as follows:
Rights and obligations of foreign lawyers
1. Foreign lawyers have the following rights:
a) Choose forms of practicing in Vietnam as prescribed in Article 75 of this Law;
b) Transfer income from practicing activities abroad according to the provisions of Vietnamese law;
c) Other rights as prescribed in this Law and other relevant laws.
2. Foreign lawyers have the following obligations:
a) Pay personal income tax according to legal provisions;
b) Follow the principles of practicing law, the obligations of lawyers as prescribed in this Law; the Code of Ethics and Professional Conduct of Vietnamese Lawyers;
c) Reside regularly in Vietnam;
d) Other obligations as prescribed in this Law and other relevant laws.
Foreign lawyers practicing in Vietnam have the following rights and obligations:
- Foreign lawyers have the following rights:
+ Choose forms of practicing in Vietnam as prescribed in Article 75 of the Law on Lawyers 2006;
+ Transfer income from practicing activities abroad according to the provisions of Vietnamese law;
+ Other rights as prescribed in this Law and other relevant laws.
- Foreign lawyers have the following obligations:
- Pay personal income tax according to legal provisions;
- Follow the principles of practicing law, the obligations of lawyers as prescribed in this Law; the Code of Ethics and Professional Conduct of Vietnamese Lawyers;
- Reside regularly in Vietnam;
- Other obligations as prescribed in this Law and other relevant laws.
In what forms can foreign lawyers practice in Vietnam?
According to Article 75 of the Law on Lawyers 2006, the regulation states as follows:
Forms of practice for foreign lawyers
Foreign lawyers practice in Vietnam in the following forms:
1. Work as members of a branch or a foreign law firm in Vietnam;
2. Work under contracts for branches, foreign law firms, or Vietnamese law practice organizations.
Foreign lawyers practice in Vietnam in the following forms:
- Work as members of a branch or a foreign law firm in Vietnam;
- Work under contracts for branches, foreign law firms, or Vietnamese law practice organizations.
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