Rights and obligations of law-practicing organizations in Vietnam

Rights and obligations of law-practicing organizations in Vietnam (Internet image)

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

1. Conditions for establishing a law-practicing organization in Vietnam

According to Clause 3, Article 32 of the Law on Lawyers 2006 (amended in 2012), the conditions for establishing a law-practicing organization:

- The lawyers that establish or participate in the establishment of a law-practicing organization must work for at least two consecutive years under labor contracts for a law-practicing organization, or work as independent lawyers under labor contracts for a organization as prescribed in the Law on Lawyers 2006 (amended in 2012);

- The law-practicing organization must have an office.

2. Rights and obligations of law-practicing organizations in Vietnam

2.1. Rights of law-practicing organizations in Vietnam

According to Article 39 of the Law on Lawyers 2006 (amended in 2012), th rights of law-practicing organizations include:

- Provide legal services.

- Receive payments from clients.

- Hire Vietnamese lawyers, foreign lawyers, and employees to work for the law-practicing organization.

- Participate in formulating the State’s policies and laws; participate in advising and resolving the cases of organizations and individuals when being requested.

- Cooperate with foreign law-practicing organizations.

- Establish branches and offices in Vietnam.

- Open offices overseas.

- Other rights prescribed in the Law on Lawyers 2006 (amended in 2012) and relevant laws.

2.2. Obligations of law-practicing organizations in Vietnam

According to Article 40 of the Law on Lawyers 2006 (amended in 2012), the obligations of law-practicing organizations include:

- Operate consistently with the businesses written in the Certificate of registration.

- Implement the agreements made with clients.

- Appoint their lawyers to participate in proceedings according to the assignment of the bar association.

- Enable their lawyers to provide legal supports and attend lawyer training courses.

- Paying compensation for the damage caused to clients by their lawyers.

- Buy professional liability insurance for their lawyer as prescribed by the laws on insurance.

- Comply with the Law on Lawyers 2006 (amended in 2012) and the laws on labor, taxation, finance, and statistics.

- Comply with the requirements of competent State agencies of reporting and inspection.

- Admit apprentice lawyers and appoint eligible lawyers to instruct them; facilitate and supervise the apprenticeship.

- Perform the management and ensure that their lawyers comply with law, the charter of the Vietnam Bar Federation, the code of ethics and professional manners of Vietnamese lawyers.

- Report their organization and operation as prescribed by law.

- Other obligations as prescribed by the relevant laws.

3. Cases of termination of operation of law-practicing organization in Vietnam

A law-practicing organization terminates its operations in the following cases:

- It terminates its operations at its own will;

- Its operation registration paper is withdrawn;

- The chief of the lawyer's office, the director of the one-member limited liability law firm or all members of the law partnership or members of the limited liability law firm with two or more members have their law practice certificates withdrawn;

- The law firm is merged or consolidated;

- The chief of the lawyer's office or the director of the one-member limited liability law firm dies.

(Clause 1, Article 47 of the Law on Lawyers 2006 (amended in 2012)))

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