What are procedures for registering the practice of independent lawyers in Vietnam?
What are procedures for registering the practice of independent lawyers in Vietnam? What are responsibilities for state management of lawyers and law practice in Vietnam? What are regulations on scope of professional practice by foreign lawyers in Vietnam?
What are procedures for registering the practice of independent lawyers in Vietnam?
What are procedures for registering the practice of independent lawyers? Hello, my name is Huu Thang, I am wishing to learn the provisions of law related to lawyers and law practice in Vietnam. I have a question that I need you to help me answer. May I ask, what is specific procedure for registering the practice of independent lawyers? In which legal documents can I find information? Looking forward to hearing from you. Sincerely thank!
Answer: According to the provisions of Article 50 of the Law on Lawyers 2006, as amended by Clause 20, Article 1 of the Law on Lawyers, amended in 2012, procedures for registering the practice of independent lawyers are specified as follows:
1. An independent lawyer shall register his or her practice at the Service of Justice in the same locality with the bar association of which he or she is a member.
An independent lawyer shall register submit the application for practicing law in accordance with the form provided by the Ministry of Justice, enclosed with the dossier, to the Service of Justice.
The dossier includes:
a) A copy of the lawyer practicing certificate, a copy of the lawyer’s card;
b) A copy of the labor contract signed with the organization.
2. Within 07 working days from receiving the complete dossier, the Service of Justice shall issue the certificate of lawyer registration; the refusal must be notified and explained in writing. The refused person is entitled to lodge complaints as prescribed by laws on proceedings.
3. The lawyer is entitled to practice law independently as from the date of issue of the certificate of lawyer registration. Within 07 working days as from the date of issue of the certificate of lawyer registration, the independent lawyer must send a written notification enclosed with a copy of the certificate of lawyer registration to the bar association of which he or she is a member.
4. The lawyer that moves to another bar association must notify the Service of Justice where he or she applied the practice, submit the certificate of lawyer registration issued, and carry out the procedure for practice registration at the Service of Justice in the same locality with the bar association to which he or she moves. the registration procedure is specified in Clause 1, 2 and 3 this Article.
When the lawyer stops practicing, the Service of Justice shall revoke the certificate of lawyer registration.
The above is the content of advice on procedures for registering the practice of independent lawyers in Vietnam. For more detailed information, you should refer to the Law on Lawyers 2006.
What are responsibilities for state management of lawyers and law practice in Vietnam?
What are regulations on responsibilities for state management of lawyers and law practice? Hello. My name is The Nam. I currently live and work in Ho Chi Minh City. To serve the needs of my work, I have a question that I would like to ask you to help me answer. Please ask: What are regulations on responsibilities for state management of lawyers and law practice? Where can I refer to this issue? I hope to hear from you soon. Sincerely thank!
Answer: Responsibilities for state management of lawyers and law practice are specified in Article 83 of the Law on Lawyers 2006 (This is amended by Clause 32, Article 1 of the Law on Lawyers, amended in 2012) as follows:
1. The Government shall unify the management of lawyers and their practice.
2. The Ministry of Justice is responsible before the Government for the State management of lawyers and their practice, and has the following tasks and authority:
a) Formulate and submit the strategy for develop the practice of law to the Government, introduce policies on supporting the bar associations of provinces suffering from severe difficulties, and other policies on supporting the practice of law;
b) Formulate and promulgate, or request competent State agencies to promulgate the documents on detailing and guiding the implementation of the laws on lawyers;
c) License the establishment of lawyer training institutions, the framework lawyer training program; stipulate the regime for compulsory training in professional skills of lawyers; cooperate with the Ministry of Finance in imposing tuition fees; manage and organize the lawyer training;
d) Issue and revoke lawyer practicing certificates;
dd) Issue, revoke, and extend Licenses to practice law in Vietnam of foreign lawyers;
e) Issue and revoke Licenses to establish foreign law-practicing organizations in Vietnam;
g) Summarize and send reports on the organization of lawyers and their practice to the Government;
h) Carry out inspection, handle violations, settles complaints and denunciation against lawyers and their practice; the organization and operation of foreign law-practicing organizations and foreign lawyers in Vietnam;
i) Take measures for supporting the development of law practice;
k) Perform the State management of the international cooperation in law practicing;
l) Suspend the assessment, annul the results of the assessment of lawyer apprenticeship when discovering serious violations of law according to this Law and other relevant laws;
m) Suspend the implementation and request the amendment of the resolutions, decisions, and regulations of the Vietnam Bar Federation that contradict this Law;
n) Other tasks and authority prescribed in this Law.
3. The Ministries, ministerial-level agencies, within the ambit of their tasks and authority, are responsible for cooperating with the Ministry of Justice in the State management of lawyers and their practice.
4. People’s Committees of central-affiliated cities and provinces shall perform the State management of lawyers and their practice locally, and have the following tasks and authority:
a) Approve the establishment of bar associations, decide the dissolution of bar associations after obtaining the agreement from the Minister of Justice;
b) Approve the scheme for organize the general meetings of bar associations;
c) Issue and revoke certificate of registration of Vietnamese law-practicing organizations and foreign law-practicing organizations in Vietnam;
d) Carry out inspection, handle violations, settle complaints and denunciation against organization and operation of local bar associations, local Vietnamese law-practicing organizations, foreign law-practicing organizations, and foreign lawyers in Vietnam;
dd) Suspend the implementation and request the amendment of the resolutions, decisions, and regulations of bar associations that contradict this Law;
e) Periodically report the organization and practice of lawyers in Vietnam, the organization and operation of local foreign law-practicing organizations and local foreign lawyers in Vietnam to the Ministry of Justice;
g) Take measures for supporting the practice of lawyers locally;
h) Other tasks and authority prescribed in this Law.
Services of Justice shall assist People’s Committees of central-affiliated cities and provinces in performing the State management of lawyers and their practice locally.
The above is the content of regulations on responsibilities for state management of lawyers and law practice in Vietnam. To learn more about this issue, you should refer to the Law on Lawyers 2006.
What are regulations on scope of professional practice by foreign lawyers in Vietnam?
What is scope of professional practice by foreign lawyers? Hello, my name is Huu Nam, I am wishing to learn the provisions of law related to lawyers and law practice in Vietnam. I have a question that I need you to help me answer. May I ask, what is scope of professional practice by foreign lawyers? In which legal documents can I find information? Looking forward to hearing from you. Sincerely thank!
Answer: According to the provisions of Article 76 of the Law on Lawyers 2006, as amended by Clause 30, Article 1 of the Law on Lawyers, amended in 2012, scope of professional practice by foreign lawyers in Vietnam is specified as follows:
Foreign lawyers practicing in Vietnam may give advices on foreign law and international law, may provide other legal services relating to foreign law, may give advices on Vietnam’s law if they have a bachelor’s degree in law of Vietnam and satisfy the requirements applicable to Vietnamese lawyers; may not participate in proceedings as representatives, advocates, protectors of the lawful rights and interests of litigants before Vietnamese courts.
Above is the content of advice on scope of professional practice by foreign lawyers in Vietnam. For more detailed information, you should refer to the Law on Lawyers 2006.
Best regards!
