A lawyer in Vietnam is entitled
to select either of the following forms of legal practice:
1.
Practice
in a legal practising organization, implemented by establishing or
participating in the establishment of a legal practising organizations; [or] by
working pursuant to a labor contract for a legal practising organization.
2.
Practice
as an individual meant the lawyer works pursuant to a labor contract for a body
or organization not being a legal practising organization.
Conditions for
establishment of a legal practising organization:
i.
Any
lawyer establishing or participating in establishment of a legal practising
organization must [have] practiced for at least two (2) consecutive years and
worked pursuant to a labor contract for a legal practising organization or have
practised as an individual pursuant to a labor contract for a body or
organization in accordance with the Law on Lawyer.
ii.
The
legal practising organization must have a head office.
iii.
Moreover,
any one lawyer is only permitted to establish or participate in the
establishment of one legal practising organization. Lawyers from different bar
associations who jointly participate in the establishment of one law company
may choose to establish and register the operation in the locality of a bar
association of which any one of such lawyer is a member.
Structure of a legal
practising organization
1.
Lawyer’s offices
A lawyer’s office
established by one lawyer shall be organized and operate in the form of a
private enterprise.
2.
Law company
Law companies shall comprise law partnerships
and limited liability law companies. All members of a law company must be
lawyers.
Registration of
operation
1.
Lawyer practising as
an individual
i.
A
lawyer practising as an individual shall register his or her legal practice at
the Department of Justice of the locality of the bar association of which such
lawyer is a member.
ii.
A
lawyer practising as an individual shall prepare a request for registration of
legal practice on the standard form issued by the Ministry of Justice
accompanied by an application file and forward same to the Department of
Justice.
iii.
The
application file shall comprise:
(a)
Copy
legal practising certificate and lawyer's card;
(b)
Copy
labour contract signed with a body or organization.
2.
Legal practising
organization
i.
A
legal practising organization shall register its operation at the Department of
Justice of the locality of the bar association of which the head of the
lawyer's office or the director of the law company is a member. A law company
which is jointly established by lawyers from different bar associations shall
register its operation at the Department of Justice of the locality where the
company has its head office
ii.
A
legal practising organization must lodge an application file for registration
of its operation with the Department of Justice, such file to contain the
following documents:
(a)
Request
for registration of the operation on the uniform sample form;
(b)
Draft
charter of the law company [or partnership];
(c)
Copy
legal practising certificate and lawyer's card of the lawyer establishing the
lawyer's office, or of the lawyer/lawyers establishing or participating in
establishment of the law company [or partnership];
(d)
Document
proving [the existence of] the head office of the legal practising
organization.
Governance
1.
Lawyer’s office
A lawyer who
establishes a lawyer's office shall be the head of the office and shall be
liable to the full extent of his or her assets for all obligations of the
office. The head of the office shall be the legal representative of the office.
2.
Law company
i.
A
law partnership shall be established by at least two lawyers. A law partnership
shall not have capital contributing members.
ii.
Limited
liability law companies shall comprise limited liability law companies with two
or more members, and one member limited liability law companies.
A limited liability law company with two or
more members shall be established by at least two lawyers.
A one member limited liability law company
shall be established by one lawyer who shall act as the owner.
iii.
The
partners of a law partnership or the members of a limited liability law company
with two or more members shall elect one of their partners or one of their
members to act as director of the company. The lawyer acting as the owner of a
one member limited liability law company shall be the director of the company
VIII. Foreign legal
practising organization
1.
Conditions for practice by foreign legal practising organizations:
Any foreign legal practising organization
which has been lawfully established and is currently practising in a foreign
country is permitted to practise in Vietnam in accordance with the provisions
of this Law upon satisfaction of the following conditions:
i.
Such
organization commits and guarantees to comply with the Constitution and laws of
the Socialist Republic of Vietnam;
ii.
Such
organization commits and ensures that at least two (2) foreign lawyers,
including the branch head and the director of the foreign law company shall be
present and practise in Vietnam for one hundred and eighty three (183) days or
more within the period of twelve (12) consecutive months;
iii.
The
branch head and the director of the foreign law company in Vietnam must have
experience in legal practice for a period of at least two (2) consecutive
years.
2.
Forms of practice by foreign legal practising organizations:
Foreign legal
practising organizations may practise in Vietnam in the following forms:
i.
Branch
of a foreign legal practising organization:
A branch shall be a subsidiary of a foreign
legal practising organization and shall be established in Vietnam pursuant to
the provisions of the Law on Lawyer.
A foreign legal practising organization and
its branch shall be liable for the operation of the branch before the law of
Vietnam.
A foreign legal practising organization shall
appoint one lawyer to act as head of the branch, and the head of the branch
shall manage and operate the operation of the branch in Vietnam and at the same
time shall be the proxy of the foreign organization.
The head of a branch may be a Vietnamese
lawyer.
ii.
Limited
liability law company with one hundred (100) per cent foreign owned capital:
A limited liability law company with one
hundred (100) per cent foreign owned capital means a legal practising
organization which one or more foreign legal practising organizations establish
in Vietnam.
iii.
Limited
liability law company in the form of a joint venture or partnership between a
foreign legal practising organization and a Vietnamese law partnership
A limited liability law company in the form
of a joint venture means a joint venture legal practising organization between
a foreign legal practising organization and a Vietnamese legal practising
organization.
A law partnership means a legal practising
partnership between a foreign legal practising organization and a Vietnamese
law partnership.
The director of a foreign law company may be
a foreign lawyer or a Vietnamese lawyer.
3.
Scope of practice by foreign lawyer's organizations:
Branches and foreign law companies practising
in Vietnam may provide legal consultancy services and other legal services; may
not appoint a foreign lawyer and a Vietnamese lawyer in their practising
organizations to participate in legal proceedings in the capacity of
representative, defence counsel or the person protecting the lawful rights and
interests of a litigant before the courts of Vietnam or to implement services
in respect of legal documents and notarization in relation to the law of
Vietnam; and may appoint a Vietnamese lawyer in their practising organizations
to provide consultancy on the law of Vietnam.
4.
The practice by foreign lawyers:
i.
Conditions for
practice:
A foreign lawyer who satisfies all the
following conditions shall be issued with a lawyer's practising licence in
Vietnam:
(a)
Has
a current lawyer's practising certificate issued by a competent body or
organization of a foreign country.
(b)
Has
experience in providing foreign and international law consultancy services;
(c)
Commits
to comply with the Constitution, laws of the Socialist Republic of Vietnam and
the Rules on
(d)
Professional
Ethics and Behaviour of Vietnamese Lawyers;
(e)
Is
appointed by a foreign legal practising organization to practise in Vietnam; or
a branch or a foreign law company in Vietnam, or a Vietnamese legal practising
organization agrees to recruit such foreign lawyer to work in its organization.
ii.
Forms of practice:
Foreign lawyers may practise in Vietnam in
the following forms:
(a)
Working
in the capacity as a member of one branch or one foreign law company in
Vietnam.
(b)
Working
pursuant to a contract for a branch, a foreign law company or a Vietnamese
legal practisin organization.
iii.
Scope of practice
Foreign lawyers practising in Vietnam may
provide consultancy on foreign law and on international law, and may provide
other legal services relating to foreign law, may provide consultancy on
Vietnamese law if they have a bachelor's degree in Vietnamese law and satisfy
all the requirements for a Vietnamese lawyer; and may not participate in legal
proceedings in the capacity of representative, defence counsel or as the person
protecting the lawful rights and interests of a litigant before the courts of
Vietnam.