The latest procedures for registration of independent lawyer in Vietnam

The latest procedures for registration of independent lawyer in Vietnam (Internet image) 

On May 17, 2024, the Minister of Justice issued Decision 849/QD-BTP announcing the amended administrative procedures related to lawyer profession under the management of the Ministry of Justice of Vietnam.

The latest procedures for registration of independent lawyer in Vietnam 

The latest procedures for registration of independent lawyer in Vietnam  are regulated as follows:

Implementation

Independent lawyers shall register his/her professional practice at the provincial/municipal Justice Service of the locality where exists a bar association of which he/she is member.

Within 7 working days after receiving complete dossiers, provincial/municipal Justice Services shall grant law practice-registration papers; in case of refusal, they must issue written notices, clearly stating the reasons therefor. a written notification with reasons must be provided.

Implementation method: The application can be submitted directly, through postal system, or online (if the administrative procedure is available online) to the Department of Justice.

Documents required:

- Application form for registration of lawyer;

-  Copies of the law practice certificate and the lawyer's card;

- Copy of the employment contract with the agency or organization.

Number of application sets: 01.

Processing time: Within 7 working days after receiving complete dossiers, provincial/municipal Justice Services shall grant law practice-registration papers

Applicants: Individuals.

Authority responsible for processing administrative procedures: Department of Justice.

Result: law practice-registration papers.

Fee and charge: None.

Application form: Form TP-LS-05-sd issued together with Circular 03/2024/TT-BTP dated May 15, 2024 of the Minister of Justice amending 08 circulars related to administrative procedures related to judicial assistance.

Requirements and conditions for performing administrative procedures:

Independent lawyers are those who practice law individually under employment contracts with agencies or organizations.

Legal basis:

- Law on Lawyers 65/2006/QH11 dated June 29, 2006, amended and supplemented by the Law amending and supplementing some articles of the Law on Lawyers 20/2012/QH13 dated November 20, 2012;

- Circular 05/2021/TT-BTP dated June 24, 2021 of the Ministry of Justice guiding some articles and measures for implementing the Law on Lawyers, Decree stipulating in detail some articles and measures for implementing the Law on Lawyers;

- Circular 03/2024/TT-BTP dated May 15, 2024 of the Minister of Justice amending 08 circulars related to administrative procedures related to judicial assistance.

Provisions on independent lawyers in Vietnam

Specifically, Article 49 of the Law on Lawyers 2006 (amended in 2012) regulates independent lawyers as follows:

(1) An independent lawyer is a lawyer working under a labor contract for an organization that does not practice law.

(2) The independent lawyer must buy professional liability insurance as prescribed by the laws on insurance business if it is agreed in the labor contract.

(3) An independent lawyer must not provide legal services for other organizations and individuals than the organization with which he or she has signed the labor contract, except for the participation in criminal proceedings requested by the presiding agencies, and provide legal supports under the assignment from the bar association of which he or she is a member.

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