Vietnam: Is a lawyer subject to administrative penalties for providing legal services to another organization with a fee of 300,000 VND outside of the employment contract without permission?
Vietnam: Is it necessary to sign an employment contract for providing legal services with a fee of 300,000 VND?
According to Article 26 of the Law on Lawyers 2006 stipulating the provision of legal services under legal service contracts as follows:
Provision of Legal Services under Legal Service Contracts
1. Lawyers provide legal services under legal service contracts, except in cases where they participate in legal proceedings at the request of the procedural authorities and lawyers practice as individuals working under employment contracts for agencies or organizations.
2. Legal service contracts must be made in writing and include the following main contents:
a) Name, address of the client or the representative of the client, the representative of the legal practice organization or the lawyer practicing as an individual;
b) Contents of the service; duration of the contract;
c) Rights and obligations of the parties;
d) Method of calculating and specific fee levels; costs (if any);
đ) Liability for contract violations;
e) Dispute resolution method.
Simultaneously, based on Clause 2, Article 5 of Circular 17/2011/TT-BTP regulating the provision of legal services as follows:
Provision of Legal Services by Lawyers
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2. For cases with a fee of 200,000 VND or more, the law practice organization or the lawyer practicing as an individual must sign a legal service contract in writing. The legal service contract includes the contents stipulated in Clause 2, Article 26 of the Law on Lawyers. Upon finalizing the legal service contract, the law practice organization or the lawyer practicing as an individual must issue an invoice to the client in accordance with Article 15 of Decree 51/2010/ND-CP on invoices for the sale of goods and provision of services, and other financial and accounting laws.
Thus, according to the regulations, providing legal services with a fee of 300,000 VND requires signing a written legal service contract.
Vietnam: Is a lawyer subject to administrative penalties for providing legal services to another organization with a fee of 300,000 VND outside of the employment contract without permission? (Image from the Internet)
Vietnam: Is a lawyer subject to administrative penalties for providing legal services to another organization outside of the employment contract without permission?
According to Clause 3, Article 6 of Decree 82/2020/ND-CP stipulating as follows:
Violations of Regulations on Lawyer Practice Activities
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3. A fine of between 7,000,000 VND and 10,000,000 VND for any of the following acts:
a) Providing legal services to agencies, organizations, or individuals other than the agency or organization with which the lawyer has signed a employment contract, except as requested by state agencies or when participating in criminal proceedings at the request of procedural enforcement agencies, or providing legal assistance as assigned by the Bar Association to which the lawyer is a member;
b) Establishing or participating in the establishment of more than two law practice organizations;
c) Working under a employment contract for another agency or organization in the form of a lawyer practicing as an individual outside the law practice organization established, participated in establishment, or with which the lawyer has signed a employment contract;
d) Practicing as a lawyer in a form inconsistent with the regulations;
đ) Practicing as a lawyer without purchasing professional liability insurance where the employment contract stipulates;
e) Failing to notify clients of their rights, obligations, and professional liability in providing legal services;
g) Signing legal service contracts with clients not through the law practice organization or without written authorization from the law practice organization;
h) Practicing law without obtaining a lawyer practicing certificate or continuing to practice despite having the practicing certificate revoked.
Thus, lawyers providing legal services to other agencies, organizations, or individuals outside the agency or organization with which they have signed a employment contract, except as requested by state agencies or when participating in criminal proceedings at the request of procedural enforcement agencies, or providing legal assistance as assigned by the Bar Association to which the lawyer is a member, may be subject to administrative fines up to 10,000,000 VND.
Vietnam: In addition to administrative penalties, what penalties may be imposed upon lawyers?
According to Clause 8, Clause 9, Article 6 of Decree 82/2020/ND-CP:
Violations of Regulations on Lawyer Practice Activities
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8. Additional penalties:
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a) Revocation of the lawyer practicing certificate or foreign lawyer practicing license in Vietnam from 01 month to 03 months for violations under points a, b, c, d, đ, and g of Clause 3, and point a of Clause 5 of this Article;
9. Measures to remedy the consequences:
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b) Compelling the return of illegal profits obtained from acts defined under points a, b, c, d, and h of Clause 3, points b and c of Clause 4, Clause 5, and points a, b, d, and đ of Clause 6, points d, and e of Clause 7 of this Article.
Thus, under the regulations, lawyers who commit violations under point a, Clause 3, Article 6 of Decree 82/2020/ND-CP will face revocation of their lawyer practicing certificate or foreign lawyer practicing license in Vietnam from 01 month to 03 months. Additionally, lawyers are also required to return any unlawful profits gained from the violative conduct.
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