Is the head of a branch office of a lawyer’s office eligible to establish another law-practicing organization in their name?
What is a lawyer’s office?
Pursuant to Clause 1 Article 33 of the Law on Lawyers 2006 of Vietnam, a lawyer's office set up by a lawyer is organized and operates in the form of a private enterprise. The lawyer who sets up a lawyer's office is the chief of the office and takes charge of fulfilling all the office's obligations with all his/her property. The chief of an office is the office's representative at law.
Is the head of a branch office of a lawyer’s office eligible to establish another law-practicing organization in their name?
What are the general regulations on lawyer’s office?
Lawyer's office is stipulated in Article 33 of the Law on Lawyers 2006 of Vietnam:
“Article 33. Lawyer's office
1. A lawyer's office set up by a lawyer is organized and operates in the form of a private enterprise.
The lawyer who sets up a lawyer's office is the chief of the office and takes charge of fulfilling all the office's obligations with all his/her property. The chief of an office is the office's representative at law.
2. The name of a lawyer's office is selected by the lawyer according to the provisions of the Enterprise Law but must contain the phrase "van phong luat su" (lawyer's office), must not be identical to, or cause confusion with, the names of registered law-practicing organizations and must not contain words, phrases or symbols against the historical, cultural or ethical traditions as well as fine customs of the nation.
3. A lawyer's office has its own seal and account as provided for by law.”
Is the head of a branch office of a lawyer’s office eligible to establish another law-practicing organization in their name?
Pursuant to Article 8 of Circular 05/2021/TT-BTP of Vietnam guiding the regulations of the Law on Lawyers, The Decree guiding the Law on Lawyers on the socio-professional organization of lawyers mentions as follows:
“Article 8. Heads of branches of law-practicing organizations
1. Law offices and law firms appoint a member or a lawyer working under an employment contract as the head of the branch, except for a foreign lawyer practicing in Vietnam. The head of a law office, the director of a law firm, and a member lawyer may only act as the head of a branch affiliated to that law office or law firm. A lawyer working under employment contract may only act as the head of a branch of a law-practicing organization.
2. The head of a law office and the director of a law firm are responsible for all activities of the law-practicing organization and its affiliates.”
According to those, a person who is the head of a law office may only act as the head of a branch affiliated to that law office. The opposite means that a person who acts as the head of a branch affiliated to a law office is allowed to establish another law office but cannot act as the head of this law office.
What are the rights of a lawyer’s office?
Pursuant to Article 39 of the Law on Lawyers 2006 of Vietnam (amended by Clause 16 Article 1 of amending and supplementing a number of articles of the law on lawyers 2012 of Vietnam), a lawyer’s office has the following right:
“Article 39. The rights of law-practicing organizations
1. Provide legal services.
2. Receive payments from clients.
3. Hire Vietnamese lawyers, foreign lawyers, and employees to work for the law-practicing organization.
4. Participate in formulating the State’s policies and laws; participate in advising and resolving the cases of organizations and individuals when being requested.
5. Cooperate with foreign law-practicing organizations.
6. Establish branches and offices in Vietnam.
7. Open offices overseas.
8. Other rights prescribed in this Law and relevant laws.”
What are the obligations of a lawyer’s office?
Pursuant to Article 40 of the Law on Lawyers 2006 of Vietnam (amended by Clause 17 Article 1 of amending and supplementing a number of articles of the law on lawyers 2012 of Vietnam), a lawyer’s office has the following obligations:
Article 40. The obligations of law-practicing organizations
1. Operate consistently with the businesses written in the Certificate of registration.
2. Implement the agreements made with clients.
3. Appoint their lawyers to participate in proceedings according to the assignment of the bar association.
4. Enable their lawyers to provide legal supports and attend lawyer training courses.
5. Paying compensation for the damage caused to clients by their lawyers.
6. Buy professional liability insurance for their lawyer as prescribed by the laws on insurance.
7. Comply with this Law and the laws on labor, taxation, finance, and statistics.
8. Comply with the requirements of competent State agencies of reporting and inspection.
9. Admit apprentice lawyers and appoint eligible lawyers to instruct them; facilitate and supervise the apprenticeship.
10. Perform the management and ensure that their lawyers comply with law, the charter of the Vietnam Bar Federation, the code of ethics and professional manners of Vietnamese lawyers.
11. Report their organization and operation as prescribed by law.
12. Other obligations as prescribed by the relevant laws.
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