04:28 | 23/08/2024

Vietnam: May a lawyer receive any additional remuneration other than the agreed fees and costs with the client in the legal services contract?

Vietnam: May a lawyer receive any additional remuneration other than the agreed fees and costs with the client in the legal services contract? - Mr. Thanh (Binh Dinh)

What are the principles governing the practice of lawyers in Vietnam?

According to Article 5 of the Law on Lawyers 2006 (amended by Clause 37, Article 1 of the Law on Amendments to the Law on Lawyers 2012), the principles governing the practice of lawyers are as follows:

Principles of practicing law

1. Compliance with the Constitution and the law.

2. Adherence to the Code of Ethics and Professional Conduct for Vietnamese Lawyers.

3. Independence, honesty, and respect for objective truth.

4. Use lawful measures to best protect the rights and legitimate interests of clients.

5. Accountability under the law for professional activities as a lawyer.

Lawyers practicing their profession must ensure the following principles:

- Compliance with the Constitution and the law.

- Adherence to the Code of Ethics and Professional Conduct for Vietnamese Lawyers.

- Independence, honesty, and respect for objective truth.

- Use lawful measures to best protect the rights and legitimate interests of clients.

- Accountability under the law for professional activities as a lawyer.

Besides fees and costs agreed upon with clients in the legal service contract, can lawyers receive additional remuneration?

Vietnam: May a lawyer receive any additional remuneration other than the agreed fees and costs with the client in the legal services contract?

Vietnam: May a lawyer receive any additional remuneration other than the agreed fees and costs with the client in the legal services contract?

According to Article 9 of the Law on Lawyers 2006 (amended and supplemented by Clause 3, Article 1 of the Law on Amendments to the Law on Lawyers 2012), lawyers are prohibited from engaging in certain actions. These actions include:

Prohibited actions

1. Lawyers are prohibited from performing the following actions:

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 instructing clients to provide false or fraudulent documents and evidence; instigating detainees, defendants, accused persons, or related parties to make false statements or instigating clients to file unlawful complaints or denunciations;

c) Disclosing information about cases, matters, or clients that they learn in the course of practice, unless the client consents in writing or otherwise provided by law;

d) Harassing or deceiving clients;

đ) Receiving or demanding any additional money or benefits beyond the agreed fees and costs in the legal service contract;

e) Colluding or engaging with judicial officers, participants in legal proceedings, officials, and public employees to do illicit things in the resolution of cases, matters;

g) Abusing the practice of law or the title of lawyer to negatively affect national security, social order, and safety, or violating the interests of the State, public interests, or the legitimate rights and interests of agencies, organizations, and individuals;

h) Receiving or demanding any money or benefits when providing legal aid to clients entitled to legal aid as prescribed by law; refusing to handle cases already accepted upon the request of legal aid organizations or proceeding agencies, except in force majeure circumstances or as otherwise provided by law;

i) Insulting individuals, agencies, and organizations in the course of legal proceedings;

k) Personally or assisting clients in performing unlawful acts to delay, prolong time, or obstruct the activities of proceeding agencies and other state agencies.

2. Agencies, organizations, and individuals are prohibited from impeding the professional activities of lawyers.

Thus, any behavior by a lawyer to receive or demand additional money or benefits beyond the fees and costs agreed upon in the contract while providing legal aid to clients entitled to legal aid is prohibited by law.

Vietnam: What are penalties imposed upon lawyers for receiving additional remuneration other than the agreed fees and costs?

According to Clauses 6, 8, and 9 of Article 6 of the Decree 82/2020/ND-CP, violations pertaining to the professional activities of lawyers are penalized as follows:

Violations regarding the professional activities of lawyers

...

6. A fine from 20,000,000 VND to 30,000,000 VND shall be imposed for one of the following actions:

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

b) Providing legal services to clients or displaying signage when the law practice organization they established or joined has not been registered for operation;

c) Insulting individuals, agencies, and organizations during legal proceedings; personally or assisting clients in performing unlawful acts to delay, prolong time, or obstruct the activities of proceeding agencies and other state agencies;

d) Harassing clients; receiving or demanding any additional money or benefits beyond the agreed fees and costs in the legal service contract; deceiving clients though it does not amount to criminal prosecution;

đ) Practicing law in Vietnam when not eligible, or without a lawyer's practice certificate in Vietnam, or continuing practice despite having the lawyer's practice certificate in Vietnam revoked;

e) Behavior, statements, or actions detrimental to the image and reputation of the legal profession or causing harm to the legitimate rights and interests of agencies, organizations, and individuals though it does not amount to criminal prosecution.

...

8. Additional penalties:

a) Revoking the lawyer's practice certificate or the practice certificate of foreign lawyers in Vietnam for a period from 01 month to 03 months for violations specified at Points a, b, c, d, đ, and g, Clause 3 and Point a, Clause 5 of this Article;

b) Revoking the lawyer's practice certificate or the practice certificate of foreign lawyers in Vietnam for a period from 06 months to 09 months for violations specified at Point b, Clause 5, Points c, d, and e of Clause 6, and Clause 7 of this Article;

c) Confiscating items such as the lawyer's practice certificate, law practice registration certificate, practice certificate of foreign lawyers in Vietnam, participation in proceedings certificate, or notice of defense counsel that has been erased or altered to falsify the content as per Point a, Clause 4 of this Article.

9. Remedial measures:

a) Recommendation to competent agencies or organizations to handle documents and papers that have been erased or altered to falsify the content as per Point a, Clause 4 of this Article;

b) Forcing the return of illicit gains obtained from the violations specified at Points a, b, c, d, and h of Clause 3, Points b and c of Clause 4, Clauses 5, Points a, b, d, and đ of Clause 6, Points d and e of Clause 7 of this Article.

Thus, any action of receiving or demanding additional money or benefits beyond the agreed fees and costs in the legal service contract is subject to a fine ranging from 20 million VND to 30 million VND for individuals and from 40 million VND to 60 million VND for organizations.

Additionally, supplementary penalties include revoking the lawyer's practice certificate or the practice certificate of lawyers in Vietnam for a period from 06 months to 09 months, and remedial measures include mandating the return of illicit gains obtained from the violation.

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