Vietnam: What are the criteria for being a person providing legal consultancy? Can a Bachelor of Laws be a Legal Consultant?
Who is a person providing legal consultancy in Vietnam?
According to the provisions of Article 18 of Decree 77/2008/ND-CP, persons providing legal consultancy include:
- Legal consultants:
- Lawyers working as law practitioners under labor contracts for legal consultancy centers:
- Legal consultancy collaborators.
Can a Bachelor of Laws be a Legal Consultant in Vietnam?
Conditions to be a legal consultant in Vietnam are specified in Article 19 of Decree 77/2008/ND-CP as follows:
Legal consultants
1. Legal consultants must be Vietnamese citizens who permanently reside in Vietnam and fully satisfy the following conditions:
a/ Having the full civil act capacity and good ethical quality, being other than those who are currently examined for penal liability or have been convicted but not yet had their criminal records wiped out:
b/ Possessing a bachelor of law degree;
c/ Having worked in the legal domain for three years or more.
2. Legal consultants are granted legal consultant cards and may practice their profession throughout the country.
Public employees currently working in state administrative agencies, people's courts or people's procuracies will not be granted legal consultant cards.
Thus, a bachelor of laws must have been working in the legal domain for 3 years or more and meet the above criteria to become a legal consultant.
What are the criteria for a person providing legal consultancy in Vietnam?
Criteria for legal consultants are specified in Article 19 of Decree 77/2008/ND-CP in 2008 as follows:
Legal consultants
1. Legal consultants must be Vietnamese citizens who permanently reside in Vietnam and fully satisfy the following conditions:
a/ Having the full civil act capacity and good ethical quality, being other than those who are currently examined for penal liability or have been convicted but not yet had their criminal records wiped out:
b/ Possessing a bachelor of law degree;
c/ Having worked in the legal domain for three years or more.
2. Legal consultants are granted legal consultant cards and may practice their profession throughout the country.
Public employees currently working in state administrative agencies, people's courts or people's procuracies will not be granted legal consultant cards.
Criteria for lawyers working for Legal Consultancy Centers are specified in Article 21 of Decree 77/2008/ND-CP detailed by Article 17 of Circular 01/2010/TT-BTP as follows:
Lawyers working as law-practitioners for legal consultancy centers or their branches
1. Lawyers may work as law practitioners for legal consultancy centers or their branches under labor contracts.
2. Lawyers who work for legal consultancy centers or their branches have rights and obligations under labor contracts signed between them and the centers in compliance with the law on lawyers.
Criteria for legal consultancy collaborators as prescribed in Article 22 of Decree 77/2008/ND-CP in 2008 detailed by Article 18 of Circular 01/2010/TT-BTP in 2010 are as follows:
Legal consultancy collaborators
1. Legal consultancy collaborators must fully satisfy the conditions specified at Points a and b, Clause 1, Article 19 of this Decree. Persons possessing university degrees other than law degrees and working in branches or sectors relating to civic rights and obligations: persons permanently residing in areas with exceptionally difficult socio-economic conditions, areas inhabited by ethnic minority people and mountainous areas and possessing secondary law degrees, or having worked in the legal domain for three years or more, or being knowledgeable about law and having prestige in the community, may act as legal consultancy collaborators.
Cadres and public employees may act as legal consultancy collaborators of legal consultancy centers or their branches in case the collaboration is not contrary to the law on cadres and public employees.
2. Legal consultancy collaborators shall provide legal consultancy under collaboration contracts signed between them and legal consultancy centers.
Rights and obligations of legal consultancy collaborators shall be stated in collaboration contracts.
3. Legal consultancy collaborators may only receive cases from legal consultancy centers or their branches.
Thus, Vietnamese citizens permanently residing in Vietnam must fully meet the above criteria to be a legal consultancy collaborators.
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