What are the conditions for practicing of foreign law-practicing organizations in Vietnam?
- What are the conditions for practicing of foreign law-practicing organizations in Vietnam?
- What are the forms of practicing of foreign law-practicing organizations in Vietnam?
- Foreign law-practicing organizations in Vietnam are not allowed to appoint Vietnamese lawyers to carry out which activities?
What are the conditions for practicing of foreign law-practicing organizations in Vietnam?
Pursuant to Article 68 of the 2006 Law on Lawyers in Vietnam (amended by Clause 25, Article 1 of the 2012 Law on Amendments to the Law on Lawyers) as follows:
The conditions for practicing of foreign law-practicing organizations
The foreign law-practicing organizations that have been established and practicing legally overseas may practice in Vietnam as prescribed by this Law when the following conditions are satisfied:
1. Committed to comply with the Constitution and the law of the Socialist Republic of Vietnam;
2. Committed to have at least two foreign lawyers, including the branch manager, the director of the foreign law firm who is present and practicing in Vietnam at least 183 days in consecutive 12 months;
3. The branch manager and the director of the foreign law firm in Vietnam must have at least 02 consecutive years of experience in law practicing.
Thus, a foreign law-practicing organization may operate in Vietnam if it satisfies the following conditions:
- Committed to comply with the Constitution and the law of the Socialist Republic of Vietnam;
- Committed to have at least two foreign lawyers, including the branch manager, the director of the foreign law firm who is present and practicing in Vietnam at least 183 days in consecutive 12 months;
- The branch manager and the director of the foreign law firm in Vietnam must have at least 02 consecutive years of experience in law practicing.
What are the conditions for practicing of foreign law-practicing organizations in Vietnam? (Image from the Internet)
What are the forms of practicing of foreign law-practicing organizations in Vietnam?
Pursuant to Clause 1, Article 69 of the 2006 Law on Lawyers in Vietnam (amended by Clause 26, Article 1 of the 2012 Law on Amendments to the Law on Lawyers) stipulating as follows:
The forms of practicing of foreign law-practicing organizations
1. A foreign law-practicing organization shall practice in Vietnam in the following forms:
a) A branch of a foreign law-practicing organization (hereinafter referred to as branch);
b) A 100%-foreign-capitalized limited liability company, a law firm in a limited liability partnership, a law firm in a partnership between a foreign law-practicing organization and a Vietnamese law firm partnership (hereinafter referred to as foreign law firm)
2. Foreign law firms and branches being organized and operated in accordance with this Law, the laws on enterprises, investment, and other regulations of relevant laws.
The Government shall specify the consolidation and merger of foreign law firms of the same type; the conversion of branches of foreign law-practicing organization into 100%-foreign-capitalized limited liability law firms; the conversion of foreign law firms into Vietnamese law firms; the suspension and shutdown of foreign law-practicing organization.
Thus, a foreign law-practicing organization shall practice in Vietnam in the following forms:
- Branch:
+ A branch of a foreign law-practicing organization (hereinafter referred to as branch);
- Foreign law firm:
+ A 100%-foreign-capitalized limited liability company;
+ A law firm in a limited liability partnership;
+ A law firm in a partnership between a foreign law-practicing organization;
+ A Vietnamese law firm partnership.
Foreign law-practicing organizations in Vietnam are not allowed to appoint Vietnamese lawyers to carry out which activities?
Pursuant to Article 70 of the 2006 Law on Lawyers in Vietnam (amended by Clause 27, Article 1 of the 2012 Law on Amendments to the Law on Lawyers) stipulating as follows:
The scope of practicing of foreign law-practicing organizations
Foreign law firms and branches practicing in Vietnam may provide law consultancy and other legal services, must not appoint their foreign lawyers and Vietnamese lawyers to participate in proceedings as representatives, advocates, protectors of the lawful rights and interests of litigants before Vietnamese courts, or provide services of legal papers and notarization relevant to Vietnam’s law; may appoint their Vietnamese lawyers to provide advices on Vietnam’s law.
Thus, foreign law-practicing organizations must not appoint their Vietnamese lawyers:
+ To participate in proceedings as representatives, advocates, protectors of the lawful rights and interests of litigants before Vietnamese courts;
+ To provide services of legal papers and notarization relevant to Vietnam’s law; may appoint their Vietnamese lawyers to provide advices on Vietnam’s law.
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