Who shall provide legal consultancy in Vietnam? What are conditions for legal consultants in Vietnam?

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Question date: 25/05/2024

Who shall provide legal consultancy in Vietnam? What are conditions for legal consultants in Vietnam? - Ms. Lanh (Quang Nam)

    • Who shall provide legal consultancy in Vietnam?

      Pursuant to Article 18 of the Decree 77/2008/ND-CP stipulating persons providing legal consultancy:

      Persons providing legal consultancy

      Persons providing legal consultancy include:

      1. Legal consultants:

      2. Lawyers working as law practitioners under labor contracts for legal consultancy centers:

      3. Legal consultancy collaborators.

      As regulated above, persons providing legal consultancy include:

      - Legal consultants;

      - Lawyers working as law practitioners under labor contracts for legal consultancy centers;

      - Legal consultancy collaborators.

      Who shall provide legal consultancy in Vietnam? What are conditions for legal consultants in Vietnam? - image from internet

      What are conditions for legal consultants in Vietnam?

      Pursuant to Article 19 of the Decree 77/2008/ND-CP stipulating conditions for legal consultants in Vietnam:

      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.

      As regulated above, legal consultants must be Vietnamese citizens who permanently reside in Vietnam and fully satisfy the following conditions:

      - 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:

      - Possessing a bachelor of law degree;

      - Having worked in the legal domain for three years or more.

      What are prohibited acts for legal consultants in Vietnam?

      Pursuant to Article 18 of the Decree 77/2008/ND-CP stipulating persons providing legal consultancy:

      Persons providing legal consultancy

      Persons providing legal consultancy include:

      1. Legal consultants:

      2. Lawyers working as law practitioners under labor contracts for legal consultancy centers:

      3. Legal consultancy collaborators.

      Pursuant to Clause 1 Article 4 of the Decree 77/2008/ND-CP stipulating prohibited acts for legal consultants in Vietnam:

      Prohibited acts

      1. Legal consultancy organizations and legal consultants are strictly prohibited from committing the following acts:

      a/ Instigating individuals or organizations that request legal consultancy to supply untruthful information and documents, lodge complaints or denunciations or initiate lawsuits in contravention of law;

      b/ Taking advantage of legal consultancy activities to seek personal benefits;

      c/ Taking advantage of legal consultancy activities to cause public- disorder or social insecurity, badly affect national ethics, fine traditions and customs, and infringing upon interests of the State, rights and legitimate interests of individuals and organizations;

      d/ Providing legal consultancy to parties with interests contrary to each other in the same case, disclose information on cases, individuals and organizations that request legal consultancy, unless these individuals and organizations so consent or otherwise provided for by law.

      2. Individuals and organizations that request legal consultancy and agencies, organizations and individuals involved in legal consultancy activities are strictly prohibited from committing the following acts:

      a/ Hurting the honor and dignity of persons providing legal consultancy;

      b/ Intentionally supplying information and documents untrue about their cases;

      c/ Impeding legal consultancy activities.

      As regulated above, legal consultants are strictly prohibited from committing the following acts:

      - Instigating individuals or organizations that request legal consultancy to supply untruthful information and documents, lodge complaints or denunciations or initiate lawsuits in contravention of law;

      - Taking advantage of legal consultancy activities to seek personal benefits;

      - Taking advantage of legal consultancy activities to cause public- disorder or social insecurity, badly affect national ethics, fine traditions and customs, and infringing upon interests of the State, rights and legitimate interests of individuals and organizations;

      - Providing legal consultancy to parties with interests contrary to each other in the same case, disclose information on cases, individuals and organizations that request legal consultancy, unless these individuals and organizations so consent or otherwise provided for by law.

      Best regards!

    Above is legal advice provided for customers of LawNet . If you require any further information, please send an email to nhch@lawnet.vn
    "This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts"

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