What are the regulations on the scope and forms of law practice by lawyers in Vietnam? – The Vinh (Tra Vinh, Vietnam)
Article table of contents
Scope and forms of law practice by lawyers in Vietnam (Internet image)
1. Practicing scope of lawyers in Vietnam
Practicing scope of lawyers in Vietnam includes:
(1) Participating in legal proceedings as defense counsels for detainees, the accused or defendants or as defenders of interests of victims, claimants or respondents in civil cases, or of people with related interests and obligations in criminal cases.
(2) Participating in legal proceedings as representatives or defenders of legitimate rights and interests of claimants, respondents, persons with related rights and obligations in civil disputes, marriage and family, business, commercial, labor or administrative cases or affairs as well as in other cases and affairs specified by law.
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- Lawyers' participation in legal proceedings shall comply with the procedural law and this Law. - When fully producing papers in one of the following cases, a lawyer may be granted by the legal proceeding-conducting agency a certificate of defense counsel, certificate of defender of interests of an involved party in a criminal case or certificate of defender of legitimate rights and interests of an involved party in a civil affair or administrative case (hereinafter collectively referred to as lawyer's certificate of participation in legal proceedings): + The lawyer's card, the client's written request for a lawyer and the introduction paper of the law-practicing organization or its branch where the lawyer practices law, in case such lawyer practices law in a law-practicing organization; + The lawyer's card, the client's written request for a lawyer and the introduction paper of the bar association of which the lawyer is a member, in case he/she practices law individually; the lawyer's card and the introduction paper of the agency or organization where the lawyer practices law individually under a labor contract in order to protect legitimate rights and interests of that agency or organization; + The lawyer's card and the document on lawyer nomination by a law-practicing organization or its branch where he/she practices law, for the lawyer who practices law in a law-practicing organization, or the lawyer's card and the document of lawyer nomination by the bar association, for the lawyer who practices law individually, in order to participate in legal proceedings in a criminal case at the request of the legal proceeding-conducting agency. - When they need to contact individuals, agencies or organizations to exercise their rights, perform their obligations or carry out activities related to the defense or protection of interests of their clients, lawyers shall produce lawyer's cards and certificates of participation in legal proceedings. |
(3) Providing legal consultancy.
- Legal consultancy means that lawyers guide, give opinions to or assist their clients in drafting papers related to the exercise of the latter's rights or the performance of the latter's obligations.
Lawyers may provide legal consultancy in all fields of law.
- When providing legal consultancy, lawyers shall assist their clients in strictly observing law in order to protect the latter's legitimate rights and interests.
(4) Representing clients beyond legal proceedings in order to carry out related legal tasks.
- Lawyers may represent their clients in settling affairs related to the jobs they have taken within the scope and according to the contents of the legal service contracts or as assigned by agencies or organizations for which they practice law individually under labor contracts.
- When representing their clients, lawyers have the rights and obligations as provided for by relevant laws.
(5) Providing other legal services in accordance with this Law.
- Other legal services provided by lawyers include assisting clients in performing jobs related to administrative procedures; providing legal advice in case of settlement of complaints; translating, certifying papers and transactions and assisting clients in performing other jobs in accordance with law.
- When providing other legal services, lawyers have the rights and obligations as provided for by relevant laws.
(Articles 22, 27, 28, 29, 30 of the Law on Lawyers 2006)
2. Forms of law practice by lawyers in Vietnam
According to Article 23 of the Law on Lawyers 2006 (amended in 2012), a lawyer may choose one of the following two forms of practicing:
- Practicing law in a law-practicing organization by establishing or participating in the establishment of the law-practicing organization; work for a lawyer’s office under a labor contract;
- Practice law independently.
Diem My
- Key word:
- law practice in Vietnam
