To be granted a license to practice law in Vietnam, what conditions do foreign lawyers need to meet according to regulations?
To be granted a license to practice law in Vietnam, what conditions must a foreign lawyer meet according to regulations?
Pursuant to the provisions of Article 74 of the 2006 Law on Lawyers of Vietnam (amended in Clause 29, Article 1 of the 2012 Law on Amendments to Law on Lawyers), the conditions for practicing of foreign lawyers are as follows:
The conditions for practicing of foreign lawyers
A foreign lawyer that satisfies the following conditions shall be issued with the License to practice law in Vietnam:
1. Having an unexpired lawyer practicing certificate issued by a foreign competent agency;
2. Experienced in giving advices on foreign law and international law;
3. Committed to comply with the Constitution and law of the Socialist Republic of Vietnam, the code of ethics and professional manners of Vietnamese lawyers;
4. Being appointed by a foreign law-practicing organization to practice in Vietnam, or employed by a branch, a foreign law firm in Vietnam, or a Vietnamese law-practicing organization.
Thus, based on the above provisions, a foreign lawyer that satisfies the following conditions shall be issued with the License to practice law in Vietnam:
- Having an unexpired lawyer practicing certificate issued by a foreign competent agency;
- Experienced in giving advices on foreign law and international law;
- Committed to comply with the Constitution and law of the Socialist Republic of Vietnam, the code of ethics and professional manners of Vietnamese lawyers;
- Being appointed by a foreign law-practicing organization to practice in Vietnam, or employed by a branch, a foreign law firm in Vietnam, or a Vietnamese law-practicing organization.
To be granted a license to practice law in Vietnam, what conditions do foreign lawyers need to meet according to regulations? (Image from the Internet)
What are the regulations on the forms and scope of practice of foreign lawyers in Vietnam?
Pursuant to the provisions of Article 75 of the 2006 Law on Lawyers of Vietnam on the forms of professional practice by foreign lawyers as follows:
Forms of professional practice by foreign lawyers
A foreign lawyer may practice law in Vietnam in the following forms:
1. Working individually for a Vietnam-based branch or foreign law firm;
2. Working under contract for a branch, foreign law firm or Vietnamese law-practicing organization.
Thus, foreign lawyers practice in Vietnam in the following forms:
- Working as a member for a branch or a foreign law firm in Vietnam;
- Working under contracts for branches, foreign law firms, Vietnamese law-practicing organizations.
At the same time, based on Article 76 of the 2006 Law on Lawyers of Vietnam (amended by Clause 30, Article 1 of the 2012 Law on Amendments to Law on Lawyers), the scope of practicing of foreign lawyers is as follows:
Scope of practicing of foreign lawyers
Foreign lawyers practicing in Vietnam may give advices on foreign law and international law, may provide other legal services relating to foreign law, may give advices on Vietnam’s law if they have a bachelor’s degree in law of Vietnam and satisfy the requirements applicable to Vietnamese lawyers; may not participate in proceedings as representatives, advocates, protectors of the lawful rights and interests of litigants before Vietnamese courts.
Thus, the scope of practice of foreign lawyers is regulated in accordance with the above provisions.
What rights and obligations do foreign lawyers in Vietnam have?
Pursuant to the provisions of Article 77 of the 2006 Law on Lawyers of Vietnam (amended by Clause 37, Article 1 of the 2012 Law on Amendments to Law on Lawyers), the rights and obligations of foreign lawyers are as follows:
Rights and obligations of foreign lawyers
1. Foreign lawyers have the following rights:
a/ To select a form of professional practice in Vietnam according to the provisions of Article 75 of this Law;
b/ To remit abroad their incomes from professional practice in accordance with Vietnamese law;
c/ Other rights as provided for by this Law and relevant laws.
2. Foreign lawyers have the following obligations:
a/ To pay personal income tax in accordance with law;
b/ To observe the principles of law practice and the obligations of lawyers provided for by this Law, and the code of ethics and professional manners of lawyers;
c/ To be regularly present in Vietnam;
d/ Other obligations as provided for by this Law and relevant laws.
Thus, the rights and obligations of foreign lawyers are specified as above.
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