Procedures for registering the practice of independent lawyers in Vietnam

Procedures for registering the practice of independent lawyers in Vietnam
Lê Trương Quốc Đạt

What are the procedures for registering the practice of independent lawyers in Vietnam? - Khanh Hung (Tien Giang, Vietnam)

Thủ tục đăng ký hành nghề luật sư với tư cách cá nhân

Procedures for registering the practice of independent lawyers in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Regulations on registration of individual law practice in Vietnam

Regulations on registration of individual law practice under Article 49 of the Law on Lawyers 2006 (amended in 2012) are as follows:

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

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

- 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.

2. Procedures for registering the practice of independent lawyers in Vietnam

Procedures for registering the practice of independent lawyers in Vietnam under Article 50 of the Law on Lawyers 2006 (amended in 2012) are as follows:

- An independent lawyer shall register his or her practice at the Service of Justice in the same locality with the bar association of which he or she is a member.

An independent lawyer shall register submit the application for practicing law in accordance with the form provided by the Ministry of Justice, enclosed with the dossier, to the Service of Justice.

The dossier includes:

+ A copy of the lawyer practicing certificate, a copy of the lawyer’s card;

+ A copy of the labor contract signed with the organization.

- Within 07 working days from receiving the complete dossier, the Service of Justice shall issue the certificate of lawyer registration; the refusal must be notified and explained in writing. The refused person is entitled to lodge complaints as prescribed by laws on proceedings.

- The lawyer is entitled to practice law independently as from the date of issue of the certificate of lawyer registration.

Within 07 working days as from the date of issue of the certificate of lawyer registration, the independent lawyer must send a written notification enclosed with a copy of the certificate of lawyer registration to the bar association of which he or she is a member.

- The lawyer that moves to another bar association must notify the Service of Justice where he or she applied the practice, submit the certificate of lawyer registration issued, and carry out the procedure for practice registration at the Service of Justice in the same locality with the bar association to which he or she moves. the registration procedure is specified in Clause 1, 2 and 3 Article 50 of the Law on Lawyers 2006 (amended in 2012).

When the lawyer stops practicing, the Service of Justice shall revoke the certificate of lawyer registration.

3. Rights and obligations of lawyers practicing law individually under labor contracts in Vietnam

Rights and obligations of lawyers practicing law individually under labor contracts under Article 53 of the Law on Lawyers 2006 are as follows:

- Lawyers practicing law individually under labor contracts may provide legal services according to the contents of labor contracts concluded with agencies or organizations.

- The rights and obligations of lawyers practicing law individually under labor contracts, of agencies and organizations hiring those lawyers shall comply with the labor law, the Law on Lawyers 2006 and relevant laws.

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