What are the conditions for practicing of foreign law-practicing organizations to practice in Vietnam?
What are the conditions for practicing of foreign law-practicing organizations to practice in Vietnam?
According to Article 68 of the 2006 Law on Lawyers in Vietnam (amended by Clause 25, Article 1 of the 2012 Law on Amendments to Law on Lawyers) on the conditions for practicing of foreign law-practicing organizations as follows:
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:
- 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 to practice in Vietnam? (Image from the Internet)
What are the forms of practicing of foreign law-practicing organizations in Vietnam?
Pursuant to Article 69 of the 2006 Law on Lawyers in Vietnam (amended by Clause 26, Article 1 of the 2012 Law on Amendments to Law on Lawyers) stipulating the forms of practicing of foreign law-practicing organizations as follows:
The forms of practicing of foreign law-practicing organizations in Vietnam
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, based on the above provisions, a foreign law-practicing organization shall practice in Vietnam in the following forms:
- A branch of a foreign law-practicing organization (hereinafter referred to as branch);
- 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).
What rights and obligations does a foreign law-practicing organization in Vietnam have?
According to Article 73 of the 2006 Law on Lawyers in Vietnam on the rights and obligations of branches and foreign law firms as follows:
Branches and foreign law firms in Vietnam have the following rights:
- To provide legal services in the fields stated in their establishment permits or operation registration papers;
- To receive remunerations from clients;
- To hire foreign lawyers, Vietnamese lawyers, foreign laborers and Vietnamese laborers;
- To receive Vietnamese probationary lawyers to practice law on probation;
- To remit abroad their incomes from professional practice in accordance with the provisions of Vietnamese law;
- Other rights as provided for by this Law, the enterprise law, the investment law and relevant laws.
Branches and foreign law firms in Vietnam have the following obligations:
- To operate only in the fields stated in their establishment permits and operation registration papers;
- To strictly implement their commitments with clients;
- To pay compensation for material damage caused by their lawyers to clients in the provision of legal consultancy or representation beyond legal proceedings or in the provision of other legal services;
- To purchase professional liability insurance for lawyers practicing law in Vietnam in accordance with the insurance business law;
- To observe the Vietnamese labor, accounting and statistics laws and fulfill tax and financial obligations.
- To import facilities necessary for their operations in accordance with Vietnamese law;
- Other obligations as provided for by this Law, the enterprise law, the investment law and relevant laws.
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