What are the forms of professional practice by foreign lawyers? What are the rights and obligations of foreign lawyers practicing in Vietnam?
What are the forms of professional practice by foreign lawyers practicing in Vietnam?
Pursuant to Article 75 of the Law on Lawyers 2006, it is stipulated as follows:
Forms of professional practice by foreign lawyers
A foreign lawyer may practice law in Vietnam in the following forms:
1. Working individually for a Vietnam-based branch or foreign law firm;
2. Working under contract for a branch, foreign law firm or Vietnamese law-practicing organization.
Accordingly, a foreign lawyer may practice law in Vietnam in the following forms:
- Working individually for a Vietnam-based branch or foreign law firm;
- Working under contract for a branch, foreign law firm or Vietnamese law-practicing organization.
What are the forms of professional practice by foreign lawyers? What are the rights and obligations of foreign lawyers practicing in Vietnam?
What is the maximum validity period of Licenses to practice law in Vietnam?
Pursuant to Clause 2, Article 82 of the Law on Lawyers 2006 (amended by Clause 31, Article 1 of the Law amending and supplementing a number of articles of the Law on Lawyers 2012), it is stipulated as follows:
Issuing and extending Licenses to practice law in Vietnam
1. A foreign lawyer practicing in Vietnam shall send a dossier of application for the License to practice law in Vietnam to the Ministry of Justice. Within 30 working days from receiving the complete, valid dossier and the fee, the Ministry of Justice shall issue the License to practice law in Vietnam to the foreign lawyer; the refusal must be notified and explained in writing.
2. The License to practice law in Vietnam of a foreign lawyer is valid for five years and may be extended. Each extension does not exceed five years.
3. The License to practice law in Vietnam of a foreign lawyer is a substitute for the work permit as prescribed by Vietnam’s laws on issuing work permits to foreign citizens working in Vietnam.
4. The dossier of application for the License to practice law in Vietnam includes:
a) The written application for the License to practice law in Vietnam;
b) The papers proving that he or she is a lawyer of a foreign law-practicing organization and is appointed to practice in Vietnam, or papers proving the employment of a branch, a foreign law firm in Vietnam, or a Vietnamese law-practicing organization for which he or she plans to work;
c) A copy of the lawyer practicing certificate; a summary of the professional records; the sheet of judicial résumé or substitute papers.
5. The dossier of application for the extension of the License to practice law in Vietnam must be sent to the Ministry of Justice at least 30 days before the License expires. The dossier includes:
a) The written application for the extension of the License to practice law in Vietnam, certified by the foreign law-practicing organization or the Vietnamese law-practicing organization;
b) The original License to practice law in Vietnam;
c) The opinion from the Service of Justice about the practice of the foreign lawyer in Vietnam.
Within 07 working days from receiving the complete and valid dossier, the Ministry of Justice shall decide the extension of the License to practice law in Vietnam of the foreign lawyer; the refusal must be notified and explained in writing.
According to the above regulations, the License to practice law in Vietnam of a foreign lawyer is valid for five years and may be extended.
What are the rights and obligations of foreign lawyers practicing in Vietnam?
According to Article 77 of the Law on Lawyers 2006 (amended by Clause 37, Article 1 of the Law amending and supplementing a number of articles of the Law on Lawyers 2012), it is stipulated as follows:
Rights and obligations of foreign lawyers
1. Foreign lawyers have the following rights:
a/ To select a form of professional practice in Vietnam according to the provisions of Article 75 of this Law;
b/ To remit abroad their incomes from professional practice in accordance with Vietnamese law;
c/ Other rights as provided for by this Law and relevant laws.
2. Foreign lawyers have the following obligations:
a/ To pay personal income tax in accordance with law;
b/ To observe the principles of law practice and the obligations of lawyers provided for by this Law, and the rules of professional ethics and conducts of lawyers;
c/ To be regularly present in Vietnam;
d/ Other obligations as provided for by this Law and relevant laws.
Accordingly, the rights and obligations of foreign lawyers are as follows:
- Foreign lawyers have the following rights:
+ To select a form of professional practice in Vietnam according to the provisions of Article 75 of this Law;
+ To remit abroad their incomes from professional practice in accordance with Vietnamese law;
+ Other rights as provided for by this Law and relevant laws.
- Foreign lawyers have the following obligations:
+ To pay personal income tax in accordance with law;
+ To observe the principles of law practice and the obligations of lawyers provided for by this Law, and the rules of professional ethics and conducts of lawyers;
+ To be regularly present in Vietnam;
+ Other obligations as provided for by this Law and relevant laws.
LawNet