Examination contents of lawyer activities in Vietnam

Examination contents of lawyer activities in Vietnam (Illustration)

According to Article 26 of Circular 17/2011/TT-BTP, the examination contents lawyer activities in Vietnam are regulated as follows:

1. For social-professional organizations of lawyers, the inspection focuses on the following main contents:

- The implementation of the rights and obligations of social-professional organizations of lawyers as stipulated in the Law on Lawyers and related guiding documents, the Charter of the Vietnam Bar Federation, and the Charter of the Bar Association;

- The resolution of complaints and denunciations in accordance with the Law on Lawyers and related legal documents;

- The implementation of legal provisions on finance, accounting, and statistics;

- Periodic and ad-hoc reporting; setting up records and archiving documents as required by the Law on Lawyers and related legal provisions;

- Compliance with legal provisions on international cooperation and other legal provisions concerning lawyers and legal practice.

2. For Vietnamese law practice organizations and foreign law practice organizations in Vietnam, the inspection focuses on the following main contents:

- Compliance with regulations on the registration of activities of Vietnamese law practice organizations; the issuance of establishment licenses and activity registration certificates for foreign law practice organizations in Vietnam; the issuance of practice permits for foreign lawyers in Vietnam;

- Compliance with labor laws in case of hiring employees;

- Compliance with legal provisions on taxes, finance, accounting, and statistics;

- Execution of legal service contracts as per legal regulations;

- Periodic and ad-hoc reporting; setting up records and archiving documents as mandated by the Law on Lawyers and related legal provisions;

- Compliance with other legal provisions concerning lawyers and legal practice.

3. For lawyers practicing individually, the inspection focuses on the contents stated in the Individual Practice Registration Certificate and adherence to legal provisions concerning lawyers, legal practice, and related legal provisions.

4. For the Departments of Justice of provinces and centrally administered cities, the inspection focuses on the following main contents:

- Compliance with the Law on Lawyers and related legal provisions concerning the issuance, modification, and revocation of Practice Registration Certificates for Vietnamese law practice organizations and foreign law practice organizations in Vietnam;

- Periodic and ad-hoc reporting, setting up records, and archiving documents as required by the Law on Lawyers and related legal provisions;

- Compliance with other legal provisions concerning lawyers and legal practice.

More details can be found in Circular 17/2011/TT-BTP, which comes into effect in Vietnam from December 1, 2011.

Thuy Tram

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