Shall a lawyer have their practice certificate revoked for receiving other benefits from clients besides the agreed-upon remuneration in Vietnam?

Shall a lawyer have their practice certificate revoked for receiving other benefits from clients besides the agreed-upon remuneration in Vietnam? What are the penalties for such a violation? - Mr. Giang (Can Tho).

Can a lawyer receive other benefits from clients besides the agreed-upon remuneration in the legal service contract in Vietnam?

According to Article 9 of the Law on Lawyers 2006 (amended by Clause 3, Article 1 of the Amended Law on Lawyers 2012), the prohibited acts are stipulated as follows:

Prohibited acts

1. Lawyers are prohibited from performing the following acts:

a) Providing legal services to clients with opposing interests in the same criminal case, civil case, administrative case, civil matter, or other matters as prescribed by law (collectively referred to as cases, matters);

b) Intentionally providing or guiding clients to provide false documents or evidence; inciting detained persons, defendants, plaintiffs, or defendants to make false statements, or inciting clients to make illegal complaints, denunciations, or lawsuits;

c) Disclosing information about cases or clients acquired during practice, except when the client agrees in writing or as otherwise provided by law;

d) Harassing or deceiving clients;

dd) Receiving or demanding any additional money or benefits from clients beyond the remuneration and costs agreed upon in the legal service contract;

e) Colluding or having relationships with participants in the legal process, officials, and public employees to resolve cases in violation of the law;

g) Abusing the lawyer's practice or title to negatively affect national security, public order, safety, infringe upon the interests of the State, public interest, legal rights, and interests of agencies, organizations, individuals;

h) Receiving or demanding any money or other benefits when providing legal aid to clients eligible for legal aid as prescribed by law; refusing cases already undertaken upon request of legal aid organizations, procedural authorities, except for force majeure cases or as prescribed by law;

i) Using words or actions that insult individuals, agencies, or organizations during litigation;

k) Engaging in or assisting clients in unlawful acts to delay, protract, or obstruct the activities of judicial agencies and other state agencies.

2. It is prohibited for agencies, organizations, and individuals to obstruct the legal practice of lawyers.

Thus, according to the regulations, lawyers are not allowed to receive or demand any money or other benefits when providing legal aid to clients eligible for legal aid as prescribed by law; refusing cases already undertaken upon request of legal aid organizations, procedural authorities, except for force majeure cases or as prescribed by law.

Can a lawyer have their practice certificate revoked for receiving other benefits from clients besides the agreed-upon remuneration?

Shall a lawyer have their practice certificate revoked for receiving other benefits from clients besides the agreed-upon remuneration? (Image from the internet)

How much is the administrative fine for lawyers who receive other benefits from clients besides the agreed-upon remuneration in Vietnam?

According to Clause 6, Article 82 of Decree 82/2020/ND-CP on violations pertaining to the practice of law as follows:

Violations pertaining to the practice of law

...

6. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following acts:

a) Practicing law without a law practice certificate or without joining a Bar Association;

b) Providing legal services to clients or hanging law practice signs when the law practice organization established or joined by them has not yet registered for operation;

c) Using words or actions that insult individuals, agencies, or organizations during litigation; engaging in or assisting clients in unlawful acts to delay, protract, or obstruct the activities of judicial agencies and other state agencies;

d) Harassing clients; receiving or demanding any money or other benefits beyond the agreed-upon remuneration and costs in the legal service contract; deceiving clients without reaching the level of criminal prosecution;

dd) Practicing law in Vietnam without being qualified to practice; not obtaining a law practice license in Vietnam, or continuing to practice after being deprived of the right to use the law practice license in Vietnam;

e) Conduct or speech, or any behavior that affects the image, reputation of the legal profession, or causes damage to the legal rights and interests of agencies, organizations, and individuals without reaching the level of criminal prosecution.

Thus, according to the regulation, a lawyer who receives other benefits from clients besides the agreed-upon remuneration may be fined up to VND 30,000,000 for administrative violations.