What documents are included in the dossier for registration of practice of independent lawyers in Vietnam? What are the rights and obligations of lawyers practicing law individually under employment contracts in Vietnam?
- What documents are included in the dossier for registration of practice of independent lawyers in Vietnam?
- What are the rights and obligations of lawyers practicing law individually under employment contracts in Vietnam?
- What are the modes of calculating remunerations of lawyers practicing law individually?
What documents are included in the dossier for registration of practice of independent lawyers in Vietnam?
According to Article 50 of the 2006 Law on Lawyers of Vietnam (amended by Clause 20, Article 1 of the 2012 Law on Amendment to Law on Lawyers) on registration of practice of independent lawyers as follows:
Registering the practice of independent lawyers
1. An independent lawyer shall register his or her practice at the Service of Justice in the same locality with the bar association of which he or she is a member.
An independent lawyer shall register and submit the application for practicing law in accordance with the form provided by the Ministry of Justice, enclosed with the dossier, to the Service of Justice.
The dossier includes:
a) A copy of the lawyer practicing certificate, a copy of the lawyer’s card;
b) A copy of the employment contract signed with the organization.
2. Within 07 working days from receiving the complete dossier, the Service of Justice shall issue the certificate of lawyer registration; the refusal must be notified and explained in writing. The refused person is entitled to lodge complaints as prescribed by laws on proceedings.
3. The lawyer is entitled to practice law independently as from the date of issue of the certificate of lawyer registration. Within 07 working days as from the date of issue of the certificate of lawyer registration, the independent lawyer must send a written notification enclosed with a copy of the certificate of lawyer registration to the bar association of which he or she is a member.
4. The lawyer that moves to another bar association must notify the Service of Justice where he or she applied the practice, submit the certificate of lawyer registration issued, and carry out the procedure for practice registration at the Service of Justice in the same locality with the bar association to which he or she moves. The registration procedure is specified in Clause 1, 2 and 3 this Article.
When the lawyer stops practicing, the Service of Justice shall revoke the certificate of lawyer registration.
Thus, based on the above provisions, an independent lawyer shall register and submit the application for practicing law in accordance with the form provided by the Ministry of Justice, enclosed with the dossier, to the Service of Justice.
The dossier includes:
- A copy of the lawyer practicing certificate, a copy of the lawyer’s card;
- A copy of the employment contract signed with the organization.
What documents are included in the dossier for registration of practice of independent lawyers in Vietnam? What are the rights and obligations of lawyers practicing law individually under employment contracts in Vietnam? (Image from the Internet)
What are the rights and obligations of lawyers practicing law individually under employment contracts in Vietnam?
Pursuant to the provisions of Article 53 of the 2006 Law on Lawyers of Vietnam, the rights and obligations of lawyers practicing law individually under employment contracts are as follows:
Rights and obligations of lawyers practicing law individually under employment contracts
1. Lawyers practicing law individually under employment contracts may provide legal services according to the contents of employment contracts concluded with agencies or organizations.
2. The rights and obligations of lawyers practicing law individually under employment contracts, of agencies and organizations hiring those lawyers shall comply with the labor law, this Law and relevant laws.
Thus, lawyers practicing law individually under employment contracts have the rights and obligations:
- Lawyers practicing law individually under employment contracts may provide legal services according to the contents of employment contracts concluded with agencies or organizations.
- The rights and obligations of lawyers practicing law individually under employment contracts, of agencies and organizations hiring those lawyers shall comply with the labor law, this Law and relevant laws.
What are the modes of calculating remunerations of lawyers practicing law individually?
According to Article 55 of the 2006 Law on Lawyers of Vietnam, the grounds and modes of calculating remunerations are as follows:
Grounds and modes of calculating remunerations
1. Remuneration levels are calculated on the following grounds:
a/ Contents and characteristics of legal services;
b/ Time and labor spent by lawyers on the provision of legal services;
c/ Experience and prestige of lawyers.
2. Remunerations are calculated by the following modes:
a/ Working hours of lawyers;
b/ Cases or affairs with package remunerations;
c/ Cases or affairs with remunerations calculated in percentages of the threshold costs of lawsuits or the value of contracts or projects;
d/ Long-term contracts with fixed remunerations.
Thus, based on the above provisions, the remunerations are calculated by the following modes:
- Working hours of lawyers;
- Cases or affairs with package remunerations;
- Cases or affairs with remunerations calculated in percentages of the threshold costs of lawsuits or the value of contracts or projects;
- Long-term contracts with fixed remunerations.
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