17 violations for which Lawyers in Vietnam will have their lawyer practicing permit revoked as of September 1, 2020

17 violations for which Lawyers in Vietnam will have their lawyer practicing permit revoked as of September 1, 2020 (Internet image)

Decree 82/2020/ND-CP regulates violations of regulations on law practice activities. In addition to fines, the following violations also result in deprivation of right to use lawyer practicing certificate or lawyer practicing permit in Vietnam, specifically:

- Deprive the right to use foreign use lawyer practicing certificate or lawyer practicing permit in Vietnam from 01 month to 03 months for the following acts:

+ Providing legal services to agencies, organizations, and individuals outside of the agency or organization with which the lawyer has signed a labor contract, except in cases where it is requested by a state agency, participating in criminal proceedings as requested by the prosecuting authority, or performing legal assistance as assigned by the Bar Association of which the lawyer is a member.

+ Establishing or participating in the establishment of two or more lawyer practicing organizations.

+ Working under a labor contract for another agency or organization in the form of practicing law as an individual outside of the lawyer practicing organizations established, participated in the establishment, or signed a labor contract.

+ Engaging in the practice of law in a form that does not comply with the regulations.

+ Practicing law as an individual but failing to buy professional liability insurance in cases where the labor contract stipulates.

+ Signing a legal service contract with a client without going through a lawyer practicing organizations or without having a power of attorney document from the lawyer practicing organizations.

+ Engaging in activities outside the scope of practice for foreign lawyers in Vietnam.

- Deprive the right to use lawyer practicing certificate or lawyer practicing permit in Vietnam from 01 month to 03 months for the following acts:

+ Providing others with the use of lawyer practicing certificate, registration certificate for lawyer practice or lawyer practicing permit in Vietnam to practice law;

+ Using language or behavior to insult individuals, agencies, or organizations during participation in litigation; personally or assisting clients in committing acts that violate the law to delay, prolong the time, or create difficulties and obstacles for the activities of the prosecuting authority and other state agencies;

+ Confusing clients; receiving, demanding any amount of money or other benefits beyond the agreed fees and expenses in the legal service contract; deceiving clients without reaching the level of criminal liability;

+ Behaving, speaking, or acting in a way that affects the image, reputation of the legal profession or causes damage to the legitimate rights and interests of agencies, organizations, and individuals without reaching the level of criminal liability.

+ Providing or instructing clients to provide fake documents, false evidence;

+ Inciting clients to provide false testimony or inciting clients to make complaints, accusations contrary to the law;

+ Disclosing information about the case, matter, or client known while practicing, except with the client's written consent or other legal provisions;

+ Colluding, establishing relationships with parties, participants in litigation, officials, public employees, or employees to violate legal provisions in the resolution of cases, matters;

+ Engaging in solicitation, incitement, bribery, or coercion of others to gather crowds and disrupt public order; committing acts that violate the law without reaching the level of criminal liability;

+ Providing legal services, engaging in legal advice activities under the name of a lawyer or impersonating a lawyer to practice law; displaying a signboard without being issued a lawyer's practice certificate or without joining the Bar Association.

* According to the provisions of Decree 110/2013/ND-CP, only deprive the right to use lawyer practicing certificate, registration certificate for lawyer practice or lawyer practicing permit in Vietnam from 01 to 3 months for the following acts:

- Lawyer practicing as individual providing legal services for other agencies, organizations and individuals in addition to agencies and organizations with which he/she has signed labor contract, unless otherwise required by the state agency or involved in the proceedings in criminal case as required by the procedure conducting agency and performing legal aid as assigned by the bar association in which the lawyer is a member.

- Establishing or participating in establishment from two lawyer practicing organizations or more.

+ Letting other person use lawyer practicing certificate, registration certificate for lawyer practice or lawyer practicing permit in Vietnam for lawyer practice.

Thus, from September 1, 2020, the effective date of Decree 82/2020/ND-CP, there will be a change in the deprivation of the right to use foreign lawyer practicing certificate, lawyer practicing permit in Vietnam, lawyer practicing certificate or lawyer practicing permit in Vietnam.

More details can be found in Decree 82/2020/ND-CP, which comes into force from September 1, 2020, replaces Decree 110/2013/ND-CP and Decree 67/2015/ND-CP.

Le Hai

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