Case of revocation of a foreign lawyer's license to practice in Vietnam

Case of revocation of a foreign lawyer's license to practice in Vietnam (Internet image)

1.  The conditions for practicing of foreign lawyers in Vietnam

According to Article 74 of the Law on Lawyers 2006 (amended 2012), a foreign lawyer that satisfies the following conditions shall be issued with the License to practice law in Vietnam:

- Having an unexpired lawyer practicing certificate issued by a foreign competent agency;

- Experienced in giving advices on foreign law and international law;

- Committed to comply with the Constitution and law of the Socialist Republic of Vietnam, the code of ethics and professional manners of Vietnamese lawyers;

- Being appointed by a foreign law-practicing organization to practice in Vietnam, or employed by a branch, a foreign law firm in Vietnam, or a Vietnamese law-practicing organization.

2. Forms of professional practice by foreign lawyers in Vietnam

According to Article 75 of the Law on Lawyers 2006, a foreign lawyer may practice law in Vietnam in the following forms:

- Working individually for a Vietnam-based branch or foreign law firm;

- Working under contract for a branch, foreign law firm or Vietnamese law-practicing organization.

3. Case of revocation of a foreign lawyer's license to practice in Vietnam

According to Clause 1, Article 41 of Decree 123/2013/ND-CP (amended in Decree 137/2018/ND-CP), a foreign lawyer's practice license in Vietnam is revoked when he belongs to one of the following schools: the following case:

- The law practice certificate of a foreign lawyer shall be revoked when the foreign lawyer falls under one of the following cases:

+ He/she has no longer met the practicing qualifications as prescribed in Article 74 of the Law on Lawyers; has not been allowed to renew their law practice certificate in Vietnam or has failed to renew their law practice certificate upon its expiry;

+ He/she faces an administrative penalty by form of having the practice certificates in Vietnam revoked according to the law on handing of administrative violations;

+ He/she faces a criminal prosecution;

+ He/she has no longer practiced law in Vietnam as per his/her aspirations;

+ He/she has not been recruited by or entered into a labor contract with a branch or foreign law firm in Vietnam or law-practicing organization of Vietnam for 6 consecutive months;

+ He/she has no longer had the status of lawyer practicing in the foreign country.

4. Rights and obligations of foreign lawyers in Vietnam

Rights and obligations of foreign lawyers in Vietnam under Article 77 of the Law on Lawyers 2006 (amended 2012) are as follows:

- Foreign lawyers have the following rights:

+ To select a form of professional practice in Vietnam according to the provisions of Article 75 of this Law;

+ To remit abroad their incomes from professional practice in accordance with Vietnamese law;

+ Other rights as provided for by this Law and relevant laws.

- Foreign lawyers have the following obligations:

+ To pay personal income tax in accordance with law;

+ To observe the principles of law practice and the obligations of lawyers provided for by this Law, and the code of ethics and professional manners of Vietnamese lawyers;

+ To be regularly present in Vietnam;

+ Other obligations as provided for by this Law and relevant laws.

Quoc Dat

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