Procedures for granting, renewing License to practice law in Vietnam for foreign lawyers

Procedures for granting, renewing License to practice law in Vietnam for foreign lawyers (Internet image)

1. Procedures for granting, renewing License to practice law in Vietnam for foreign lawyers

* Documents:

- Application for License to practice law in Vietnam;

- Confirmation of being a lawyer of a foreign law professional organization practicing in Vietnam or confirmation of employment by a foreign law branch, law company in Vietnam, or Vietnamese law professional organization, where the foreign lawyer is expected to work;

- Copy of lawyer's practicing certificate; summary of professional biography; judicial record certificate or other substitute documents.

Submission of documents: The documents can be submitted directly, through the postal system, or online to the Ministry of Justice.

* Procedures:

Foreign lawyers practicing in Vietnam must submit an application for License to practice law in Vietnam to the Ministry of Justice. Within thirty days from the date of receiving a complete and valid application and the required fee, the Ministry of Justice will grant the License to practice law in Vietnam for the foreign lawyer; in case of refusal, it must be notified in writing with reasons stated.

2. Procedures for renewing License to practice law in Vietnam for foreign lawyers

* Documents:

- Application for renewal of License to practice law in Vietnam with confirmation from a foreign law professional organization or Vietnamese law professional organization regarding the employment of that lawyer;

- Original License to practice law in Vietnam;

- Opinion of the Department of Justice on the foreign lawyer's professional activities in Vietnam.

Submission of documents: The documents can be submitted directly, through the postal system, or online to the Ministry of Justice.

* Procedures:

Foreign lawyers who want to renew their License to practice law in Vietnam must submit the documents to the Ministry of Justice no later than thirty days before the expiration of the validity period stated in the License.

Within seven working days from the date of receiving a complete and valid application, the Ministry of Justice will decide on the renewal of the License to practice law in Vietnam for the foreign lawyer; in case of refusal, it must be notified in writing with reasons stated.

3. Conditions for practicing of foreign lawyers in Vietnam

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.

(Article 74 of the Law on Lawyers 2006, amended 2012)

4. Rights and obligations of foreign lawyers in Vietnam

- 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 rules of professional ethics and conducts of lawyers in Vietnam;

+ To be regularly present in Vietnam;

+ Other obligations as provided for by the Law on Lawyers 2006 and relevant laws.

(Article 74 of the Law on Lawyers 2006, amended 2012)

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