Can my lawyer practicing certificate be re-issued when my name is eliminated from the list of lawyers of the bar association in Vietnam?

Can my lawyer practicing certificate be re-issued when my name is eliminated from the list of lawyers of the bar association in Vietnam?

Please ask the following problem. As far as I know, if your name is eliminated from the list of lawyers of the bar association, your practicing certificate will be revoked. So, please ask, if my name is eliminated from the list of lawyers of the bar association, will my practicing certificate be re-issued? Hope to receive a response from you soon. Thank you very much!

Answer: According to the provisions of Article 19 of the Law on Lawyers 2006 as amended by Clause 10, Article 1 of the Law on Lawyers Amended 2012:

a) Within 03 years as from the date of the decision on revoking the lawyer practicing certificate by reason of being eliminated from the list of lawyers of the bar association;

==> Thus, according to the above regulations in Vietnam, a person whose name is eliminated from the list of lawyers of the bar association will still be re-issued with a lawyer practicing certificate after a period of 3 years from the date of decision on revoking the lawyer practicing certificate by reason of being eliminated from the list of lawyers of the bar association.

We hope that our advice will help answer your questions.

Can my lawyer practicing certificate be re-issued when my name is eliminated from the list of lawyers of the bar association in Vietnam? (Image from the Internet)

As soon as I receive my lawyer practicing certificate in Vietnam, can I open lawyers' office?

I am currently a second year student at law university. I plan to become a lawyer in the future. I want to open my own law office. So, can you please advise me if I have just received my lawyer practicing certificate and can open a lawyers' office? Hope to receive a response from you soon. Thank you very much!

Answer: According to the provisions of Article 32 of the Law on Lawyers 2006 as amended by Clause 15, Article 1 of the Law on Lawyers Amended 2012:

a) The lawyers that establish or participate in the establishment of a law-practicing organization must work for at least two consecutive years under labor contracts for a law-practicing organization, or work as independent lawyers under labor contracts for a organization as prescribed in this Law;

==> According to the above regulations in Vietnam, to establish a lawyers' office, a lawyer must have at least two consecutive years under labor contracts for a law-practicing organization. Therefore, when you are granted a lawyer practicing certificate, you must continuously work for at least 2 years of continuous practice under a labor contract for a law practice organization. Instead of getting a lawyer practicing certificate, you can establish a lawyers' office.

We hope that our advice will help answer your questions.

What are regulations on forms of law-practicing organizations in Vietnam?

What are regulations on forms of law-practicing organizations in Vietnam? Hello. My name is Tuan Duong. I am currently living and working in Da Nang. To serve my work needs, I have a question that I would like to ask you to answer for me. Please ask: What are regulations on forms of law-practicing organizations in Vietnam? Where can I refer to this issue? I hope to receive a response from you soon. Sincerely thank!

Answer: The form of organization to practice law is specified in Article 32 of the Law on Lawyers 2006 as amended by Clause 15, Article 1 of the Law on Lawyers Amended 2012 as follows:

1.  Law-practicing organizations include:

a) Lawyer’s offices;

b) Law firms

2. Law-practicing organizations are organized and operated as prescribed in this Law and relevant laws.

3. Conditions for establishing a law-practicing organization:

a) The lawyers that establish or participate in the establishment of a law-practicing organization must work for at least two consecutive years under labor contracts for a law-practicing organization, or work as independent lawyers under labor contracts for a organization as prescribed in this Law;

b) The law-practicing organization must have an office.

4. A lawyer may only establish or participate in the establishment of a law-practicing organization. When lawyers from various bar associations participate in the establishment of a law firm, that law firm may be established and registered at one of the locality in which the bar association of one of these lawyers is situated.

5. Within 30 days as from the date of issue of the certificate of registration, the lawyers that establish or participate in the establishment of the law-practicing organization, that are not members of the bar association where the law-practicing organization is situated, must join the such bar association as prescribed in Article 20 of this Law.

Above is the content of regulations on forms of law-practicing organizations in Vietnam. To better understand this issue, you should refer to the Law on Lawyers 2006.

Best regards!