Decree No. 4529/VBHN-BTP dated November 26, 2018 of the Ministry of Justice detailing a number of articles of and measures to implement the Law on Lawyers

CONSOLIDATED TEXT - THE MINISTRY OF JUSTICE

THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness

 

DECREE

Detailing a number of articles of and measures to implement the Law on Lawyers[1]

The Government’s Decree No. 123/2016/ND-CP of October 14, 2013, detailing a number of articles of and measures to implement the Law on Lawyers, which takes effect on November 28, 2013, and was amended and supplemented by:

The Government’s Decree No. 137/2018/ND-CP of October 8, 2018, amending and supplementing a number of articles of the Government’s Decree No. 123/2016/ND-CP of October 14, 2013, detailing a number of articles of and measures to implement the Law on Lawyers, which takes effect on November 25, 2018.

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to June 29, 2006 Law No. 65/2006/QH11 on Lawyers, which was amended and supplemented under November 20, 2012 Law No. 20/2012/QH13;

At the proposal of the Minister of Justice,

The Government promulgates the Decree detailing a number of articles of and measures to implement the Law on Lawyers^[2].

 

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation^[3]

This Decree details a number of articles of, and measures to implement, the Law on Lawyers regarding lawyer training institutions; criteria for lawyers; legal aid provided by lawyers; lawyers’ obligation to participate in compulsory professional refresher courses; state management of lawyers and law practice; law-practicing organizations; remuneration for lawyers participating in criminal proceedings; lawyers’ socio-professional organizations; and practice by foreign law-practicing organizations and foreign lawyers in Vietnam.

Article 2. Lawyer-training institutions

1. Lawyer-training institutions mentioned in Clause 3, Article 12 of the Law on Lawyers include the Judicial Academy under the Ministry of Justice and those under the Vietnam Bar Federation.

2. The Vietnam Bar Federation may establish lawyer-training institutions when fully meeting the following conditions:

a/ Having a lecturing staff who are lawyers with at least 5 years’ experience of practice and prestigious legal specialists with pedagogical skills;

b/ Having an organizational apparatus suitable to training scope, model and programs;

c/ Having training programs and curricula conformable with the framework lawyer training program promulgated by the Minister of Justice;

d/ Ensuring adequate physical foundations for teaching and learning, meeting research, working and learning requirements of lecturers and trainees.

3. A dossier of request for establishment of a lawyer-training institution under the Vietnam Bar Federation must comprise:

a/ A written request for establishment of a lawyer-training institution;

b/ The scheme on establishment of a lawyer-training institution. The scheme must have the following major contents: necessity of the establishment, legal status, functions, tasks and objectives of training, scope and model of training, organizational apparatus and lecturing staff, enclosed with a list of expected lecturers and brief information on their experiences and skills, physical foundations suitable to the scope and model of training, plan and schedule for implementation of the scheme, and socio-economic effects of the lawyer-training institution;

c/ The draft charter of the lawyer-training institution.

4. Within 30 days after receiving a valid dossier, the Minister of Justice shall decide on the establishment of a lawyer training institution under the Vietnam Bar Federation. In case of refusal, a written notification shall be made clearly stating the reason.

Article 2a. Persons failing to satisfy the criteria specified in Article 10 of the Law on Lawyers concerning observance of the Constitution and law or concerning good moral qualities^[4]

1. A person falling into one of the following cases shall be considered not satisfying the criteria specified in Article 10 of the Law on Lawyers concerning observance of the Constitution and law or concerning good moral qualities:

a/ He/she has been disciplined under the law on cadres, civil servants and public employees and the disciplining decision remains effective, or he/she has been dismissed but the 3-year period from the effective date of the dismissal decision has not expired yet; he/she has been administratively handled for committing one of the violations of the regulations on judicial support or legal aid, or for causing damage to other persons’ property, or for violating the regulations on protection of state secrets, or for obstructing or opposing the inspection, examination or control by persons on duty or for bribing persons on duty but the 1-year period from the date he/she completely executes the administrative handling decision has not expired yet;

b/ He/she has been administratively handled, disciplined or criminally handled, or a competent agency has made a conclusion for one of his/her acts related to property appropriation, profit seeking, fraud, deception or infringement of national security; showing behaviors or giving statements that affect the image or prestige of the lawyer’s profession or harm lawful rights and interests of agencies, organizations or individuals; participating in, dragging, inciting, bribing or coercing other persons to gather in order to disturb public order, commit violations of law or violate Point b, d, e, g, i or k, Clause 1, Article 9 of the Law on Lawyers; or deliberately committing other violations for which he/she has been disciplined twice or more.

2. A person falling into the case specified at Point a, Clause 1 of this Article shall be considered having corrected his/her errors and completed training and satisfying the criteria concerning observance of the Constitution and law or concerning good moral qualities specified in Article 10 of the Law on Lawyers, if the decision disciplining him/her has expired or the 3-year period from the effective date of the dismissal decision has expired, or the 1-year period from the date he/she completely executes the administrative handling decision has expired, or he/she is convicted for an unintentionally committed crime or an intentionally committed less serious crime with his/her criminal records expunged, and does not fall into the case prescribed at Point b, Clause 1 of this Article, provided he/she makes a written explanation or commitment on the process of training to satisfy the criteria concerning observance of the Constitution and law or concerning good moral qualities as certified by the agency or organization where he/she worked last before applying for a law practice certificate or by the commune-level public security office of the locality where he/she resides.

3. Provincial-level Departments of Justice shall examine dossiers and information on the process of training to satisfy the criteria concerning observance of the Constitution and law or concerning good moral qualities which are provided by applicants for a law practice certificate as specified in Clause 2 of this Article.

In case a dossier fails to clearly show the process of training to satisfy the criteria concerning observance of the Constitution and law or concerning good moral qualities, the state management agency in charge of lawyers and law practice shall verify the information at the agency or organization that has issued the disciplining decision, the agencies or organizations where the applicant works after being disciplined, the related bar association, and other related agencies or organizations, or work directly with the applicant to clarify the information.

4. The Vietnam Bar Federation shall guide bar associations in supervising the observance of the Constitution and law and the compliance with the rules of professional ethics and conduct of lawyers and law probationers; and request bar associations to, or within the ambit of its tasks and powers, strictly handle violations in accordance with law.

The Ministry of Justice shall assume the prime responsibility for, and coordinate with related ministries and sectors in, verifying the satisfaction of criteria concerning observance of the Constitution and law and concerning good moral qualities by applicants for a law practice certificate; and promptly detect and handle, or propose competent agencies or organizations to strictly handle violations in accordance with law.

Article 2b. Lawyer training exemption and law practice probation exemption or reduction^[5]

1. The persons falling into the cases prescribed in Articles 13 and 16 of the Law on Lawyers are entitled to exemption from lawyer training and exemption from or reduction of the law practice probation duration.

2. The persons who have been criminally handled or dismissed from the title of judge, procurator, investigator, inspector or verifier; deprived of the title of officer of the People’s Public Security force or deprived of the rank of the People’s Army officer; deprived of the title of professor or associate professor of law or doctor of law, or has the decisions appointing them as a senior specialist, senior researcher or senior lecturer of law, principal specialist, principal researcher or principal lecturer of law revoked are not entitled to exemption from law training or exemption from or reduction of the law practice probation duration under Articles 13 and 16 of the Law on Lawyers.

Article 3. Legal aid of lawyers

1. Lawyers are obliged to provide legal aid under Point d, Clause 2, Article 21, Clause 10, Article 65, and Point dd, Clause 2, Article 67, of the Law on Lawyers. Lawyers may not refuse to perform the legal aid obligation without plausible reasons.

2. The Vietnam Bar Federation shall guide the time, methods and forms of legal aid; forms of disciplining lawyers who breach the legal aid obligation; and annually assess legal aid activities of lawyers and report them to the Ministry of Justice.

Article 4. Lawyers’ obligation to participate in compulsory professional refresher courses

Lawyers are obliged to participate in compulsory professional refresher courses under Point dd, Clause 2, Article 21 of the Law on Lawyers.

The Ministry of Justice shall provide trainees, time, forms and contents of compulsory professional refresher courses, and forms of handling lawyers who breach the obligation to participate in compulsory professional refresher courses.

Article 5. Tasks and powers of provincial-level Departments of Justice in the state management of lawyers and law practice

Provincial-level Departments of Justice shall assist provincial-level People’s Committees in performing the state management of lawyers and law practice in their localities under Clause 4, Article 83 of the Law on Lawyers, having the following tasks and powers:

1. To appraise dossiers and propose provincial-level People’s Committees to permit the establishment of bar associations and approve results of congress results of bar associations and dissolve bar associations.

2. To assume the prime responsibility for, and coordinate with provincial-level Departments of Home Affairs in, appraising and submitting to provincial-level People’s Committees for consideration and approval schemes on organization of term congresses of bar associations and plans on formation of new-term management boards and commendation and disciplining councils of bar associations.

3. To grant and revoke operation registration certificates of Vietnamese law-practicing organizations and foreign law-practicing organizations in Vietnam.

4. To provide information on operation registration of Vietnamese law-practicing organizations and foreign law-practicing organizations in localities to state agencies, organizations and individuals upon request in accordance with law.

5. To request bar associations to provide information on lawyers’ organization and operations and request law-practicing organizations to report on their organization and operations when necessary.

6.  To periodically report to the Ministry of Justice and provincial-level People’s Committees on Vietnamese lawyers’ organizations and law practice and the organization and operation of foreign law-practicing organizations and lawyers in localities.

7. To advise and propose to provincial-level People’s Committees measures to support the development of law practice in localities.

8. To examine, inspect, and settle complaints and denunciations about the organization and operation of bar associations and law-practicing organizations according to their competence or authorization of the Ministry of Justice and chairpersons of provincial-level People’s Committees; and sanction administrative violations committed by lawyers, law-practicing organizations and bar associations according to their competence and in accordance with law.

 

Chapter II

LAW-PRACTICING ORGANIZATIONS

Article 6. Written requests for registration of operations of law-practicing organizations

A written request for registration of operations of a law-practicing organization must have the following principal contents:

1. The name of the lawyers’ office or law firm.

2. The address of its head office.

3. The full names and permanent residence addresses of the chief of the lawyers’ office or the lawyer-owner (for single-member limited liability law firms) or members (for limited liability law firms with two or more members or law partnerships).

4. The full name and serial number and date of grant of the lawyer card of the at-law representative.

5. The fields of law practice.

Article 7. Charters of law firms

The charter of a law firm must have the following principal contents:

1. The name and address of the head office.

2. The type of the law firm.

3. The fields of its law practice.

4. The full names and permanent residence addresses of the lawyer-owner (for single-member limited liability law firms) or members (for limited liability law firms with two or more members or law partnerships).

5. The rights and obligations of the owner or members.

6. The conditions and procedures for inclusion in, or withdrawal from, the list of members (for limited liability law firms with two or more members or law partnerships).

7. The organizational, managerial and executive apparatuses.

8. The procedures for approval of decisions and resolutions; principles of settlement of internal disputes.

9. The principles of profit sharing and responsibilities of members for the firm’s obligations (for limited liability law firms with two or more members or law partnerships).

10. Cases of suspension or termination of operation and procedures for asset liquidation.

11. The procedures for amendment and supplementation of the charter of the law firm.

The charter of a law firm must bear the signature of the lawyer-owner or those of all members of the firm.

Article 8. Registration of operation of law-practicing organizations

1. The procedures for registration of operation of law-practicing organizations comply with Article 35 of the Law on Lawyers.

2. An operation registration paper of a law-practicing organization shall be made in two copies, one to be granted to the law-practicing organization and the other to be kept at the provincial-level Department of Justice.

3. Within 7 working days after granting an operation registration paper to a law-practicing organization, the provincial-level Department of Justice shall send a written notification to the tax office, statistics office and other competent state agencies, the district-level People’s Committee, the commune-level People’s Committee and the bar association of the locality where the head office of the law-practicing organization is located.

4. Law-practicing organizations shall pay an operation registration fee at the business registration fee rate applicable to enterprises.

5. After being granted operation registration papers, law-practicing organizations may have their seals carved and use their seals in accordance with the law on seal management and use.

Article 9. Operation registration papers of law-practicing organizations

An operation registration paper of a law-practicing organization must have the following principal contents:

1. The name and address of its head office.

2. The fields of practice.

3. The full name and serial number and date of grant of the lawyer card of its at-law representative.

4. The full names and permanent residence addresses of its members.

Article 10. Registration of operation of branches of law-practicing organizations

1. The procedures for registration of operation of branches of law-practicing organizations must comply with Article 41 of the Law on Lawyers.

2. When registering operation of their branches, law-practicing organizations shall pay a registration fee at the rate applicable to registration of the setting up of enterprise branches.

3. After being granted operation registration papers, branches may have their seals carved and use their seals in accordance with the law on seal management and use.

Article 11. Change of at-law representatives of law-practicing organizations

1. At-law representatives of limited liability law firms with two or more members or law partnerships must be lawyers and members of the law firms.

When wishing to  change their at-law representatives, limited liability law firms with two or more members or law partnerships shall, within 10 days after deciding on the change, send a written request for change of at-law representatives and their operation registration papers to provincial-level Departments of Justice of localities where they register their operation.

The procedures for change of at-law representatives of limited liability law firms with two or more members or law partnerships must comply with Article 36 of the Law on Lawyers.

2. At-law representatives of lawyers’ offices or single-member limited liability law firms must be lawyers owning the offices or firms.

When wishing to change their at-law representatives, lawyers’ offices or single-member limited liability law firms shall, within 10 days after deciding on the change, send a dossier to provincial-level Departments of Justice of localities where they register their operation. Such a dossier must comprise:

a/ A written request for change of at-law representative;

b/ The operation registration paper of the lawyers’ office or single-member limited liability law firm;

c/ The written agreement between the former at-law representative and the expected one on the exercise of rights and performance of obligations of the lawyers’ office or law firm;

d/ The full name and serial number and date of grant of the lawyer card of the expected at-law representative.

The procedures for change of at-law representatives of lawyers’ offices or single-member limited liability law firms must comply with Article 36 of the Law on Lawyers.

3. Within 5 working days after receiving a complete and valid dossier, provincial-level Departments of Justice shall re-grant operation registration papers to law-practicing organizations, clearly stating the change of the at-law representative; in case of refusal, a written notification shall be made, clearly stating the reason.

Article 12. Consolidation of law firms

1. Two or more limited liability law firms may agree on consolidation into a new one. Two or more law partnerships may agree on consolidation into a new one.

2. A dossier of consolidation of law firms must be sent to the provincial-level Department of Justice where the new law firm registers operation. Such a dossier must comprise:

a/ A written request for consolidation of law firms;

b/ The consolidation contract, clearly stating the procedures, time limit and conditions for consolidation; method of staff use; the takeover of all rights, obligations and lawful benefits of the consolidated law firms;

c/ The operation registration papers of the consolidated law firms;

d/ The charter of the consolidating law firm.

Within 10 days after receiving a complete and valid dossier, the provincial-level Department of Justice shall grant an operation registration paper to the consolidating law firm; in case of refusal, a written notification shall be made, clearly stating the reason.

3. The procedures for publicizing the operation registration contents of consolidating law firms comply with Article 38 of the Law on Lawyers.

4. After the consolidating law firm is granted an operation registration paper, the consolidated law firms shall terminate their operation. The consolidating law firm may enjoy the rights and lawful interests, shall take responsibility for all unpaid debts, legal service contracts under performance and labor contracts already signed with lawyers and other employees and other asset liabilities of the consolidated law firms.

Within 5 working days after granting an operation registration paper to a consolidating law firm, the provincial-level Department of Justice shall notify it to the provincial-level Departments of Justice of the localities where the consolidated law firms register their operation together with sending copies of the granted operation registration paper for removal of the consolidated law firms from the list of registered law firms.

Article 13. Merger of law firms

1. One or more limited liability law firms may be merged into another one. One or more law partnerships may be merged into another one.

2. A dossier of merger of law firms must be sent to the provincial-level Department of Justice where the merging law firm registers operation. Such a dossier must comprise:

a/ A written request for merger of law firms;

b/ The merger contract, clearly stating the procedures, time limit and conditions for merger; method of staff use; the takeover of all rights, obligations and lawful benefits of the merged law firms;

c/ The operation registration papers of the merged law firms and the merging one.

Within 10 days after receiving a complete and valid dossier, the provincial-level Department of Justice shall grant an operation registration paper to the merging law firm; in case of refusal, a written notification must be made, clearly stating the reason.

3. The procedures for publicizing the operation registration contents of consolidating law firms must comply with Article 38 of the Law on Lawyers.

4. After the merging law firm is granted an operation registration paper, the merged law firms shall terminate their operation. The merging law firm may enjoy the rights and lawful interests, shall take responsibility for all unpaid debts, legal service contracts under performance and labor contracts already signed with lawyers and other employees and other asset liabilities of the merged law firms.

Within 5 working days after granting an operation registration paper to a merging law firm, the provincial-level Department of Justice shall notify it to the provincial-level Departments of Justice of the localities where the merged law firms register their operation together with sending copies of the granted operation registration paper for removal of the consolidated law firms from the list of registered law firms.

Article 14. Transformation of limited liability law firms and law partnerships

1. A single-member limited liability law firm may be transformed into a limited liability law firm with two or more members. A limited liability law firm with two or more members may be transformed into a single-member limited liability law firm. A limited liability law firm may be transformed into a law partnership. A law partnership may be transformed into a limited liability law firm.

2. A dossier of transformation of a law firm shall be sent to the provincial-level Department of Justice of the locality where the law firm registers its operation. A transformation dossier must comprise:

a/ A written request for transformation, clearly stating the purpose of and reason for the transformation and the commitment to take over all the rights, obligations and lawful interests of the transformed law firm;

b/ The draft charter of the new law firm;

c/ The operation registration certificate of the transformed law firm;

d/ A list of members or lawyer-owners; copies of the lawyer cards of members or lawyer-owners of the new law firm;

dd/ Copies of the papers proving the head office in case of change of head office.

3. Within 7 working days after receiving a complete and valid dossier, the provincial-level Department of Justice shall grant an operation registration certificate to the new law firm; in case of refusal, a written notification shall be made, clearly stating the reason.

4. The procedures for publicizing the operation registration contents of new law firms comply with Article 38 of the Law on Lawyers.

Article 15. Transformation of lawyers’ offices into law firms

1. A lawyers’ office may be transformed into a limited liability law firm or a law partnership on the basis of taking over all the rights and obligations of the lawyers’ office in accordance with law.

2. A dossier of transformation of a lawyers’ office must be sent to the provincial-level Department of Justice of the locality where the law firm registers its operation. A dossier must comprise:

a/ A written request for transformation, clearly stating the purpose of and reason for the transformation and the commitment to take over all the rights, obligations and lawful interests of the transformed lawyers’ office;

b/ The draft charter of the new law firm;

c/ The operation registration certificate of the transformed lawyers’ office;

d/ A list of members or lawyer-owners; copies of the lawyer cards of members or lawyer-owners of the new law firm;

dd/ Copies of the papers proving the head office in case of change of head office.

Within 7 working days after receiving a complete and valid dossier, the provincial-level Department of Justice shall grant an operation registration certificate to the new law firm; in case of refusal, a written notification shall be made, clearly stating the reason.

3. The procedures for publicizing the operation registration contents of new law firms comply with Article 38 of the Law on Lawyers.

Article 16. Employment of foreign lawyers by law-practicing organizations

Law-practicing organizations may sign labor contracts to employ foreign lawyers who have been granted permits to practice law in Vietnam. The rights and obligations of foreign lawyers employed by law-practicing organizations shall be agreed in contracts in accordance with the Law on Lawyers, this Decree and relevant laws.

Within 7 working days after signing a contract to employ a foreign lawyer, a law-practicing organization shall notify such in writing to the provincial-level Department of Justice of the locality where it registers operation, enclosed with the labor contract.

Within 7 working days after terminating a foreign lawyer employment contract, the law-practicing organization shall notify such in writing to the provincial-level Department of Justice of the locality where it registers operation.

Article 17. Revocation of operation registration certificates of law-practicing organizations or branches of law-practicing organizations and law practice registration certificates of lawyers practicing law individually^[6]

1. The operation registration certificate of a law-practicing organization shall be revoked in one of the following cases:

a/ The organization terminates operation under Clause 1, Article 47 of the Law on Lawyers;

b/ The organization is administratively sanctioned through being deprived of the right to use the operation registration certificate in accordance with the law on handling of administrative violations;

c/ The organization fails to register its tax identification number within 1 year from the date of obtaining the operation registration certificate;

d/ The organization fails to operate at the registered head office for 6 consecutive months, except the case of suspension from operation in accordance with law;

dd/ The organization fails to resume operation or fails to make a report on suspension from operation for over 6 months after the expiration of the operation suspension duration in accordance with law.

2. The operation registration certificate of a branch of a law-practicing organization shall be revoked in one of the following cases:

a/ The law-practicing organization establishing such branch has its operation registration certificate revoked under Clause 1 of this Article;

b/ The law-practicing organization establishing such branch decides to terminate the branch’s operation;

c/ The branch of the law-practicing organization falls into the case specified at Point b, c, d or dd, Clause 1 of this Article.

3. The law practice registration certificate of a lawyer practicing law individually shall be revoked in one of the following cases:

a/ The lawyer terminates his/her practice by himself/herself;

b/ The lawyer has his/her law practice certificate revoked under Clause 1, Article 18 of the Law on Lawyers.

4. A provincial-level Department of Justice shall issue decisions revoking operation registration certificates; and monitor and supervise law-practicing organizations and branches of law-practicing organizations in carrying out the procedures specified in Clauses 2, 3 and 4, Article 47 of the Law on Lawyers. The provincial-level Department of Justice shall send a decision revoking the operation registration certificate to the bar association, the tax office of the locality where the law-practicing organization or branch of the law-practicing organization registers its operation, and the provincial- and district-level proceedings-conducting bodies, and post such decision on its website; and propose a competent agency to revoke the seal of the law-practicing organization or branch of the law-practicing organization.

In case a law-practicing organization or a branch of a law-practicing organization has its operation registration certificate revoked for being administratively sanctioned, the provincial-level Department of Justice shall send the decision revoking the operation registration certificate to the agency that has issued the administrative sanctioning decision.

The provincial-level Department of Justice shall revoke law practice registration certificates of lawyers practicing law individually in one of the cases prescribed in Clause 3 of this Article. The provincial-level Department of Justice shall send the decision revoking the law practice registration certificate of a lawyer practicing law individually to the bar association of which such lawyer is a member, and the agency or organization with which such lawyer signs a labor contract, and post such decision on its website.

 

Chapter III

REMUNERATION FOR LAWYERS PARTICIPATING IN LEGAL PROCEEDINGS IN CRIMINAL CASES

Article 18. Ceiling rate of remuneration for lawyers participating in criminal legal proceedings

1. The level of remuneration for lawyers participating in criminal legal proceedings must be agreed upon in legal service contracts between clients and lawyers’ offices or law firms under Clause 1, Article 55 of the Law on Lawyers, and be calculated on an hourly basis or in a lump sum per case, but the highest remuneration per working hour of lawyers must not exceed 0.3 time the Government-prescribed base salary.

The working time of a lawyer shall be agreed upon between that lawyer and his/her client.

2. Lawyers’ offices and law firms are encouraged to exempt or reduce lawyers’ remuneration for the poor and policy beneficiaries.

Article 19. Remuneration and expenses for lawyers who participate in legal proceedings at the request of procedure-conducting agencies

1. For cases in which lawyers are requested by procedure-conducting agencies, the remuneration rate per working day of lawyers is 0.4 time the Government-prescribed base salary.

2. Working time of a lawyer includes:

a/ The time for meeting with the person held in custody, the accused and defendant;

b/ The time for collecting documents, objects or details relating to his/her defense;

c/ The time for studying dossiers and preparing documents;

d/ The time for participation in court hearings;

dd/ Other rational time for participation in legal proceedings at the request of the procedure-conducting agency.

The working time of lawyers shall be certified by procedure-conducting agencies or persons settling the cases concerned.

3. In addition to remuneration, in the course of preparing and participating in defense at court hearings and procedure-conducting agencies, lawyers are entitled to the payment of travel and accommodation expenses according to current regulations on work trip allowances for state cadres and civil servants on domestic work trips.

4. The procedure -conducting agency which has requested lawyers to participate in legal proceedings shall pay according to regulations remuneration and expenses mentioned in Clauses 1 and 3 of this Article. The fund for payment of these expenses is included in the annual budget estimate of the procedure-conducting agency.

5. In addition to remuneration and expenses paid by the procedure-conducting agency, lawyers may not request any other money and benefits from the accused, defendants and their relatives.

 

Chapter IV

LAWYERS’ SOCIO-PROFESSIONAL ORGANIZATIONS

Section 1

BAR ASSOCIATIONS

Article 20. Approval of plans on organization of term-based congresses or extraordinary congresses, and plans on personnel of managing boards and commendation and disciplining councils of bar associations^[7]

1. At least 30 days before the tentative date for organization of a term-based congress or an extraordinary congress of a bar association, the bar association’s managing board shall report a plan to organize the congress and a plan on personnel of the board and of the commendation and disciplining council (if any) to the provincial-level People’s Committee and the Vietnam Bar Federation.

Within 7 working days after receiving the bar association’s written request, the provincial-level Department of Justice shall assume the prime responsibility for, and coordinate with the provincial-level Department of Home Affairs in, appraising and submitting the plan to organize the congress to the provincial-level People’s Committee for consideration and approval. Within 10 days after receiving the written request, the Vietnam Bar Federation shall send written opinions on the plan to organize the congress and the plan on personnel of the managing board and of the commendation and disciplining council (if any) to the provincial-level People’s Committee.

2. Within 15 days after receiving the opinions of the Vietnam Bar Federation and the appraisal results from the provincial-level Department of Justice, the provincial-level People’s Committee shall approve, or request modification of, the plan to organize the congress. Within 30 days after receiving such request, the bar association’s managing board shall send the modified plan to the provincial-level People’s Committee.

3. Within 60 days after the plan to organize the congress is approved, the bar association’s managing board shall convene the congress in accordance with law and the Charter of the Vietnam Bar Federation. Past this time limit, if the bar association’s managing board fails to organize the congress without a plausible reason, the provincial-level People’s Committee shall consider and suspend the operation of the bar association’s managing board and form a congress-organizing committee. The congress-organizing committee shall organize the congress of the bar association according to the approved plan.

Article 21. Approval of results of a lawyers’ congress^[8]

1. The approval of results of a lawyers’ congress covers:

a/ Results of election of the managing board, the manager and the commendation and disciplining council of the bar association;

b/ Resolution of the bar association’s term-based congress or extraordinary congress to relieve from office or dismiss the manager, members of the managing board and commendation and disciplining council, and elect or replace the manager, or elect additional members of the managing board or commendation and disciplining council of the bar association;

c/ Resolution approving the internal rules of the bar association.

2. Within 7 working days after a congress concludes, the bar association’s managing board shall send to the provincial-level People’s Committee a report on the congress’ results, enclosed with the congress’ minutes and resolution and other related documents, including the election minutes, a list and resumes of the manager and members of the managing board and of the commendation and disciplining council of the bar association, and the internal rules of the bar association. Within 7 working days after receiving the report on the congress’ results, the provincial-level People’s Committee shall approve or disapprove the election results or the congress’ resolution.

3. Election results shall be disapproved in the following cases:

a/ The election process and procedures fail to ensure legality, democracy, publicity and transparency as prescribed by law and the charter of the Vietnam Bar Federation;

b/ The elected holders of leading titles fail to satisfy the criteria prescribed by the charter of the Vietnam Bar Federation.

4. The congress’ resolution shall be disapproved in the following cases:

a/ It has contents contrary to the Constitution, law or the charter of the Vietnam Bar Federation, or falling beyond the tasks and powers of the congress as prescribed by the law on lawyers and law practice and the charter of the Vietnam Bar Federation;

b/ The resolution-approving process and procedures fail to ensure legality, democracy, publicity and transparency as prescribed by law and the charter of the Vietnam Bar Federation.

5. Within 60 days after receiving a written notice of disapproval of the congress’ results, the managing board of the bar association shall reorganize a congress in accordance with law and the charter of the Vietnam Bar Federation.

Article 22. Regime of reporting, sending of regulations, decisions, resolutions of bar associations

1. Annually, a bar association shall send to the provincial-level People’s Committee, provincial-level Department of Justice and the Vietnam Bar Federation and concurrently the provincial-level Department of Justice reports on its organization and activities. The time limits and periods of reporting comply with regulations of the Ministry of Justice.

In addition to annual reports, a bar association shall make reports at the request of the Ministry of Justice, provincial-level People’s Committee or the Vietnam Bar Federation.

2. Within 7 working days after a bar association issues regulations, decisions or resolutions, its management board shall send them to the provincial-level People’s Committee and the Vietnam Bar Federation.

Article 22a. Dismissal of members of the managing board and the manager of a bar association^[9]

1. A member of the managing board of a bar association shall be dismissed in one of the following cases:

a/ Violating the Constitution or law when performing his/her tasks and exercising his/her powers; or infringing upon the interests of the bar association;

b/ Failing to abide by requirements, regulations and decisions of state management agencies in the course of performing his/her tasks and exercising his/her powers after receiving written reminders;

c/ Having his/her law practice certificate revoked;

d/ Other cases as prescribed in the charter of the Vietnam Bar Federation.

2. The manager of a bar association shall be dismissed in one of the following cases:

a/ Falling into one of the cases specified in Clause 1 of this Article;

b/ Failing to direct the managing board to organize a congress after 6 months from the date of expiration of the his/her term of office, unless he/she can give a plausible reason;

c/ Failing to abide by the regime of periodical and annual reporting, or reporting on the bar association’s task performance in accordance with the Law on Lawyers for 2 consecutive years; or failing to send rules, decisions or resolutions related to the organization of the congress of the bar association to competent agencies within 6 months after the congress concludes.

3. In case all members of the managing board fall into one of the cases specified in Clause 1 of this Article or the manager of a bar association falls into one of the cases specified in Clause 2 of this Article, the chairperson of the provincial-level People’s Committee shall form a congress-organizing committee after consulting in writing with the Minister of Justice. The congress-organizing committee shall organize a congress of the bar association to carry out the dismissal, election, additional election or replacement and perform other tasks according to the approved plan to organize the congress.

Article 23. Dissolution of bar associations

1. A bar association shall be dissolved in the following cases;

a/ It has fewer than three member lawyers;

b/ It still fails to organize a congress under Clause 3, Article 21 of this Decree;

c/ Its activities have seriously violated the law or the Charter of the Vietnam Bar Federation, adversely affecting national security, social order and safety and infringing upon the interests of the State, public interests, the rights and lawful interests of agencies or organizations or individuals.

2. If a bar association is dissolved under Clause 1 of this Article, the chairperson of the concerned provincial-level People’s Committee shall decide to dissolve it after reaching agreement with the Minister of Justice and the President of the Vietnam Bar Federation.

The re-establishment of a bar association must comply with Articles 60 of the Law on Lawyers.

 

Section 2

THE VIETNAM BAR FEDERATION

Article 23a. Coordination in the formulation of plans on organization of term-based congresses or extraordinary congresses, and plans on personnel for election of members of the National Lawyers’ Council, members of the Standing Committee and the President of the Vietnam Bar Federation^[10]

1. At least 60 days before the tentative date for organization of a term-based congress or an extraordinary congress, the Vietnam Bar Federation shall send to the Ministry of Justice a plan on organization of the congress, and a plan on personnel for election, replacement or additional election of members of the National Lawyers’ Council, members of the Standing Committee and the President of the Vietnam Bar Federation.

2. Within 10 days after receiving the written opinions from the Minister of Home Affairs, the Ministry of Justice shall give its opinions on the plan on organization of the congress and plan on personnel for election, replacement or additional election of members of the National Lawyers’ Council, members of the Standing Committee and the President of the Vietnam Bar Federation.

3. The plan on organization of the congress and plan on personnel for election, replacement or additional election of members of the National Lawyers’ Council, members of the Standing Committee and the President of the Vietnam Bar Federation shall be submitted to a competent agency after receiving the written opinions from the Minister of Justice.

Article 24. Approval of the Charter of the Vietnam Bar Federation

1. Within 7 working days after the Charter of the Vietnam Bar Federation is adopted, the National Council of Lawyers shall send to the Ministry of Justice a dossier requesting approval of the Charter. The dossier must comprise:

a/ A written request for approval of the Charter;

b/ The Charter and minutes on the adoption of the Charter;

c/ A report on the congress results; results of election of the National Council of Lawyers, the Standing Committee, and the President and Vice Presidents of the Vietnam Bar Federation;

d/ The congress’ resolution.

2. Within 30 days after receiving the complete and valid dossier, the Minister of Justice shall decide to approve the Charter of the Vietnam Bar Federation after reaching agreement with the Minister of Home Affairs; in case of disapproval, a written notification shall be made, clearly stating the reason.

3. The Charter of the Vietnam Bar Federation shall be disapproved in the following cases:

a/ Its contents are contrary to the Constitution, the Law on Lawyers and relevant codes, laws and ordinances and this Decree;

b/ The Charter-adopting process and procedures fail to ensure regularity, democracy, publicity and transparency as prescribed by law.

4. If the Charter of the Vietnam Bar Federation is disapproved, the National Council of Lawyers shall revise it and reorganize a congress to adopt the Charter in accordance with law.

5. When the Charter of the Vietnam Bar Federation is revised, the National Council of Lawyers shall, within 7 working days after the revised Charter is approved, send a written request for approval, enclosed with the revised Charter, the minutes on the adoption of the revised Charter and the congress’s resolution.

The approval of the revised Charter must comply with this Article.

Article 25. Regime of reporting, sending of regulations, decisions and resolutions of the Vietnam Bar Federation

1. Annually, the Vietnam Bar Federation shall send to the Ministry of Justice a report on the organization and activities of lawyers and Bar Associations nationwide and of the Vietnam Bar Federation. The time limits and periods of reporting must comply with regulations of the Ministry of Justice.

In addition to its annual reports, the Vietnam Bar Federation shall make reports on results of term congressed and other reports at the request of the Ministry of Justice.

2. Within 7 working days after the Vietnam Bar Federation promulgates regulations, decisions or resolutions, it shall send them to the Ministry of Justice.

Article 25a. Dismissal of members of the National Lawyers’ Council and the President of the Vietnam Bar Federation^[11]

1. A member of the National Lawyers’ Council shall be dismissed in one of the following cases:

a/ Violating the Constitution or law when performing his/her tasks and responsibilities and exercising his/her powers; or infringing upon the interests of the Vietnam Bar Federation or the related bar association;

b/ Failing to abide by requirements, regulations and decisions of state management agencies in the course of performing his/her tasks and exercising his/her powers after receiving written reminders;

c/ Having his/her law practice certificate revoked;

d/ Other cases as prescribed in the Charter of the Vietnam Bar Federation.

2. The President of the Vietnam Bar Federation shall be dismissed in one of the following cases:

a/ Falling into one of the cases specified in Clause 1 of this Article;

b/ Failing to direct the National Lawyers’ Council to organize a congress after 6 months from the date of expiration of his/her term of office, unless he/she can give a plausible reason;

c/ Failing to abide by the regime of periodical and annual reporting, or reporting on the Vietnam Bar Federation’s task performance in accordance with the Law on Lawyers for 2 consecutive years; or failing to send rules, decisions or resolutions related to the organization of a congress of the Vietnam Bar Federation to competent agencies within 6 months after the congress concludes.

 

Chapter V

LAW PRACTICE BY FOREIGN LAW-PRACTICING ORGANIZATIONS AND FOREIGN LAWYERS IN VIETNAM

Article 26. Names of foreign law-practicing organizations in Vietnam

1. The name of a foreign law-practicing organization in Vietnam must include the words “chi nhanh” (branch), the name of the foreign law-practicing organization and the name of the province or centrally run city where the branch is located.

2. The name of a wholly foreign-owned law firm in Vietnam must include the phrase “cong ty luat trach nhiem huu han” (limited liability law firm) and the name of the foreign law-practicing organization.

3. The name of a joint-venture law firm between a foreign law-practicing organization and a Vietnamese one may be selected and agreed upon by concerned parties and must include the phase “cong ty luat trach nhiem huu han” (limited liability law firm).

4. The name of a law partnership between a foreign law-practicing organization and a Vietnamese law partnership may be selected and agreed by concerned parties and must include the phase “cong ty luat hop danh” (law partnership).

Article 27. Written request for setting up of branches of foreign law-practicing organizations

A written request for setting up of a branch of a foreign law-practicing organization must have the following principal contents:

1. The name, nationality and address of the head office of the foreign law-practicing organization.

2. The name of the branch.

3. The fields of law practice of the branch.

4. The term of operation of the branch.

5. The location of the branch’s office.

6. The full name of the lawyer appointed as the branch’s head by the foreign law-practicing organization, enclosed with papers proving that such lawyer has practiced law for at least 2 consecutive years.

7. The foreign law-practicing organization’s commitment to having at least 2 foreign layers, including the branch’s head, to be present and practice in Vietnam. Each foreign lawyer must have 183 days or more of practicing in Vietnam during the period of 12 consecutive months.

If a foreign law-practicing organization sets up more than one branch in Vietnam, the total number of foreign lawyers who are present and practice in Vietnam must also comply with this Clause.

8. The tentative operation of the branch in Vietnam.

Article 28. Written requests for establishment of foreign law firms

A written request for establishment of a foreign law firm must have the following principal contents:

1. The name, nationality and address of the head office of the foreign law-practicing organization; the name and address of the head office of the Vietnamese law-practicing organization, for joint ventures and law partnerships between foreign law-practicing organizations and Vietnamese law partnerships.

2. The name of the foreign law firm.

3. The fields of its law practice.

4. The term of its operation.

5. The location of its head office.

6. The full name of the lawyer appointed as its director, enclosed with papers proving that such lawyer has practiced law for at least 2 consecutive years.

7. The foreign law-practicing organization’s commitment to having at least 2 foreign layers, including the branch’s head, to be present and practice in Vietnam. Each foreign lawyer must have 183 days or more of practicing in Vietnam during the period of 12 consecutive months.

If a foreign law-practicing organization sets up more than one branch in Vietnam, the total number of foreign lawyers who are present and practice in Vietnam must also comply with this Clause.

8. The tentative operation of the branch in Vietnam

Article 29. Language and consular legalization

1. Written requests for setting up of branches or foreign law firms in Vietnam and foreign lawyers’ applications for licenses for law practice in Vietnam shall be made in Vietnamese. Enclosed papers, if in foreign languages, shall be translated into Vietnamese and the translations must be notarized or certified under Vietnam’s law.

2. Papers granted by foreign agencies or organizations or notarized or certified in foreign countries must be consularly legalized in accordance with Vietnam’s law, unless they are exempted from consular legalization under a treaty to which the Socialist Republic of Vietnam is a contracting party.

Article 30. Publication on newspapers, announcement of establishment of foreign law-practicing organizations in Vietnam

Within 15 days after obtaining an operation registration paper, a foreign law-practicing organization in Vietnam shall publish in a local or central newspaper for three consecutive issues, and notify in writing the tax office of the locality where its head office is located, of the following principal contents:

1. The name and address of the head office of the foreign law-practicing organization in Vietnam.

2. The field of its law practice;

3. The full name of the head of the branch or director of the foreign law firm.

Article 31. Scope or practice of foreign law-practicing organizations in Vietnam and Vietnamese lawyers working for foreign law-practicing organizations in Vietnam

1. The scope of practice of foreign law-practicing organizations in Vietnam must comply with Article 70 of the Law on Lawyers, under which foreign law-practicing organizations in Vietnam may not:

a/ Certify copies and translations of papers granted by Vietnamese state agencies and organizations;

b/ Carry out procedures for adoption, marriage, civil status and Vietnamese citizenship;

c/ Provide services of notarization, bailiff and other legal services which, as prescribed by Vietnamese law, only Vietnamese law-practicing organizations, notary organizations and bailiff organizations may provide.

2. Vietnamese lawyers working for foreign law-practicing organizations may not provide the services specified in Clause 1 of this Article.

Article 32. Consolidation of foreign law firms

1. Two or more wholly foreign-owned limited liability law firms may agree on consolidation into a new one.

Two or more joint-venture limited liability law firms may agree on consolidation into a new one.

Two or more law partnerships between foreign law-practicing organizations and Vietnamese law partnerships may agree on consolidation into a new one.

2. A dossier of consolidation of law firms shall be sent to the Ministry of Justice. Such a dossier must comprise:

a/ A written request for consolidation of law firms;

b/ The consolidation contract, clearly stating the procedures, time limit and conditions for consolidation; method of staff use; the taking over of all rights, obligations and lawful benefits of the consolidated law firms;

c/ The establishment licenses of the consolidated law firms;

d/ The charter of the consolidating law firm.

Within 10 days after receiving a complete and valid dossier, the Ministry of Justice shall approve the consolidation by granting an establishment license to the consolidating law firm; in case of refusal, a written notification shall be made, clearly stating the reason.

3. The procedures for operation registration, publicization on newspapers and announcement of the establishment of consolidating law firms must comply with Article 79 of the Law on Lawyers and Article 30 of this Decree.

4. After the consolidating law firm is granted an establishment license, the consolidated law firms shall terminate their operation. The consolidating law firm may enjoy the rights and lawful interests, shall take responsibility for all unpaid debts, legal service contracts under performance and labor contracts already signed with lawyers and other employees and other asset liabilities of the consolidated law firms.

Article 33. Merger of foreign law firms

1. One or more wholly foreign-owned limited liability law firms may be merged into another one.

One or more joint-venture limited liability law firms may agree on merger into another one.

One or more law partnerships between foreign law-practicing organizations and Vietnamese law partnerships may agree on consolidation into another one.

2. A dossier of merger of law firms shall be sent to the Ministry of Justice. Such a dossier must comprise:

a/ A written request for merger of law firms;

b/ The merger contract, clearly stating the procedures, time limit and conditions for merger; method of staff use; the taking over of all rights, obligations and lawful benefits of the merged law firms;

c/ The establishment licenses of the merged law firms and the merging one.

Within 10 days after receiving a complete and valid dossier, the Ministry of Justice shall decide to approve the merger; in case of refusal, a written notification shall be made, clearly stating the reason.

3. The merging foreign law firm is not required to register operation but shall only carry out the procedures for changing the contents of its establishment license in accordance with Article 80 of the Law on Lawyers.

4. The merging law firm may enjoy the rights and lawful interests, shall take responsibility for all unpaid debts, legal service contracts under performance and labor contracts already signed with lawyers and other employees and other asset liabilities of the merged law firms.

Article 34. Transformation of branches of foreign law-practicing organizations into wholly foreign-owned limited liability law firms in Vietnam

1. A branch of a foreign law-practicing organization in Vietnam may be transformed into a wholly foreign-owned limited liability law firm in Vietnam on the basis of taking over all the rights and obligations of the old branch.

A dossier of transformation of a branch of a foreign law-practicing organization in Vietnam into a wholly foreign-owned limited liability law firm in Vietnam shall be sent to the Ministry of Justice. Such a dossier must comprise:

a/ A written request for transformation, clearly stating the commitment of the foreign law-practicing organization to take over all the rights and obligations of the transformed branch;

b/ The draft charter of the wholly foreign-owned limited liability law firm;

c/ Copies of the establishment licenses and the operation registration certificate of the transformed branch;

d/ A list of lawyers expected to work at the wholly foreign-owned limited liability law firm;

dd/ Copies of the papers proving the head office in case of change of head office.

Within 30 days after receiving a complete and valid dossier, the Ministry of Justice shall decide to grant an establishment license to the wholly foreign-owned limited liability law firm in Vietnam; in case of refusal, a written notification shall be made, clearly stating the reason.

2. The procedures for operation registration, publicization on newspapers and announcement of the establishment of foreign-owned limited liability law firms must comply with Article 79 of the Law on Lawyers and Article 30 of this Decree.

Article 35. Transformation of foreign law firms into Vietnamese law firms

1. A foreign-owned limited liability law firm, a joint venture limited liability law firm or a law partnership between a foreign law-practicing organization and a Vietnamese law partnership (below collectively referred to as foreign law firm) may be transformed into a Vietnamese law firm on the basis of taking over all the rights and obligations of the foreign law firm.

The name of the Vietnamese law firm after the transformation must comply with Clause 5, Article 34 of the Law on Lawyers and must not be identical with that of the transformed foreign law firm

2. A dossier of request for permission for transformation of a foreign law firm shall be sent to the Ministry of Justice. Such a dossier must comprise:

a/ A written request for transformation of the foreign law firm;

b/ The agreement on the transformation between the foreign law firm and the Vietnamese side, clearly stating the Vietnamese side’s commitment to take over all the rights, obligations and lawful interests of the transformed foreign law firm;

c/ The draft charter of the Vietnamese law firm;

d/ A list of members or lawyers being the owners of the Vietnamese law firm; copies of the lawyer cards of members or lawyers being the owners of the Vietnamese law firm;

dd/ The establishment license of the transformed foreign law firm.

3. Within 30 days after receiving a complete and valid dossier, the Ministry of Justice shall issue a written approval of the transformation; in case of refusal, a written notification shall be made, clearly stating the reason.

4. Within 15 days after obtaining the written approval of the Ministry of Justice, the Vietnamese law firm after the transformation shall carry out the procedures for registering the transformation at the provincial-level Department of Justice of the locality where the foreign law firm registers operation.

A dossier of registration of operation of the Vietnamese law firm must comprise:

a/ The written request for transformation;

b/ The written approval of the Ministry of Justice;

c/ The draft charter of the Vietnamese law firm.

Within 7 working days after receiving a complete and valid dossier, the provincial-level Department of Justice shall grant an operation registration paper to the Vietnamese law firm after transformation.

5. The foreign law firm shall terminate operation from the time the Vietnamese law firm after transformation is granted an operation registration paper.

6. The procedures for publicizing the operation registration contents of Vietnamese law firms after transformation must comply with Article 38 of the Law on Lawyers.

Article 36. Procedures for registration of change of contents of licenses for establishment of branches or foreign law firms

1. Within 30 days after receiving a written approval of the change of the contents of its establishment license, the branch or foreign law firm shall register such change with the provincial-level Department of Justice of the locality where its head office is located:

2. A change registration dossier must comprise:

a/ A written request for change of the operation registration of the branch or foreign law firm;

b/ A copy of the establishment license of the branch or foreign law firm;

c/ The Ministry of Justice’s written approval of the change of the contents of the establishment license.

3. Within 5 working days after receiving a complete and valid dossier, the provincial-level Department of Justice shall register the changed contents of the operation registration paper by re-granting the operation registration paper to the branch or foreign law firm; in case of refusal, a written notification shall be made, clearly stating the reason.

Article 37. Procedures for registration of operation of branches of foreign law firms in Vietnam

1. A dossier of registration of operation of a branch of a foreign law firm in Vietnam must comprise:

a/ A written request for registration of operation of a branch of a foreign law firm;

b/ A copy of the establishment license of the branch of the foreign law firm in Vietnam;

c/ Papers proving the head office of the branch of the foreign law firm in Vietnam.

2. Within 7 working days after receiving a complete and valid dossier, the provincial-level Department of Justice shall grant an operation registration paper to the branch of the foreign law firm in Vietnam; in case of refusal, a written notification shall be made, clearly stating the reason.

Article 38. Suspension of operation of branches or foreign law firms

1. A branch or foreign law firm may suspend operation provided it notifies in writing its suspension and resumption of operation to the Ministry of Justice, the provincial-level Department of Justice and tax office of the locality where it registers operation at least 30 days before the date of suspension or resumption of operation. The period of suspension of operation must not exceed 2 years.

2. A report on suspension of operation must contain the following principal contents

a/ The name of the branch or law firm;

b/ The serial number and date of grant of the establishment license of the branch or law firm;

c/ The address of the head office;

d/ The period of suspension of operation, starting and ending dates;

dd/ The reason for suspension of operation;

e/ The payment of debts, settlement of legal service contracts already signed with clients and labor contracts already signed with lawyers and other employees of the branch or law firm.

3. During the period of suspension of operation, the branch or law firm shall fully pay outstanding tax debts and other debts and complete the performance of contracts already signed with its employees, unless otherwise agreed upon.

For legal service contracts already signed with clients but not yet completed, agreement shall be reached with clients on the performance of such contracts.

4. When a foreign law firm suspends operation, its branches shall also suspend operation.

Article 39. Termination of operation of branches or foreign law firms

1. A branch or foreign law firm shall terminate operation when its establishment license is revoked under Article 40 of this Decree.

2. In case of self-termination of operation under Point a, Clause 1, Article 40 of this Decree, at least 30 days before the expected time of termination, a branch or foreign law firm shall notify such in writing to the Ministry of Justice, the provincial-level Department of Justice and the tax office of the locality where its head office is located.

Before terminating operation, a branch or foreign law firm shall fully pay outstanding tax debts and other debts; complete procedures for termination of labor contracts signed with its lawyers and employees; and settle legal service contracts signed with its clients, unless otherwise agreed upon.

The branch or foreign law firm shall report in writing on the completion of the above procedures to the Ministry of Justice, the provincial-level Department of Justice and the tax office of the locality where its head office is located; return its establishment license to the Ministry of Justice, the operation registration paper to the provincial-level Department of Justice, and the seal to the agency competent to grant seals and register the use of seals.

Within 15 days after receiving the written report of the branch or foreign law firm, the Ministry of Justice shall decide to terminate the operation of the branch or foreign law firm.

3. When a branch or foreign law firm terminates operation for having its establishment license revoked under Point b, c, d or dd, Clause 1, Article 40 of this Decree, within 60 days after receiving the decision on establishment license revocation, it shall fully pay the outstanding tax debts and other debts; complete procedures for termination of labor contracts signed with its lawyers and employees; and settle legal service contracts signed with its clients, unless otherwise agreed upon.

The branch or foreign law firm shall report in writing on the completion of the above procedures to the Ministry of Justice, the provincial-level Department of Justice and the tax office of the locality where its head office is located; return its establishment license to the Ministry of Justice, the operation registration paper to the provincial-level Department of Justice, and the seal to the agency competent to grant seals and register the use of seals.

Article 40. Revocation of establishment licenses of branches and foreign law firms

1. ^[12]A branch or foreign law firm will have its establishment license revoked in one of the following cases:

a/ The branch or firm terminates operation in Vietnam at its own will;

b/ The branch or firm is administratively sanctioned through being deprived of the right to use the establishment license in accordance with the law on handling of administrative violations;

c/ The branch or firm fails to register its tax identification number within 1 year after obtaining the establishment license;

d/ The branch or firm fails to operate at the registered head office for 6 consecutive months, except the case of suspension from operation prescribed by law;

dd/ The branch or firm fails to register operation after 60 days from the date of obtaining the establishment license;

e/ The branch or firm fails to resume operation or fails to make a report on suspension from operation for over 6 months after the expiration of the operation suspension duration prescribed by law;

g/ The foreign law-practicing organization establishing such branch or foreign law firm no longer operates overseas;

h/ The head of its branch or the director of the foreign law firm no longer satisfies the conditions for professional practice specified in Article 74 of the Law on Lawyers; or the license for law practice in Vietnam is not permitted to be extended or the license holder fails to carry out procedures for extending the license upon the expiration of the practice duration stated in the license;

i/ The branch or firm no longer satisfies the conditions prescribed in Article 68 of the Law on Lawyers.

2. The Ministry of Justice shall decide on revocation of establishment license of branches or foreign law firms.

3. Provincial-level Departments of Justice shall decide on revocation of operation registration papers of branches and foreign law firms and monitor and supervise branches and foreign law firms in carrying out the procedures specified in Clauses 2 and 3, Article 39 of this Decree.

Article 41. Revocation of foreign lawyers’ licenses for practice in Vietnam

1.^[13] A foreign lawyer’s license for practice in Vietnam shall be revoked in one of the following cases:

a/ The foreign lawyer fails to fully satisfy the conditions for professional practice in Vietnam prescribed in Article 74 of the Law on Lawyers; or his/her license for law practice in Vietnam is not permitted to be extended or he/she fails to carry out procedures for extending the license upon the expiration of the practice duration stated in the license;

b/ The foreign lawyer is administratively sanctioned through being deprived of the right to use the license for practice in Vietnam in accordance with the law on handling of administrative violations;

c/ The foreign lawyer is examined for penal liability;

d/ The foreign lawyer stops practicing law in Vietnam at his/her own will;

dd/ A branch, a foreign law firm in Vietnam or a Vietnam’s law-practicing organization does not recruit or sign a labor contract with the foreign lawyer for 6 consecutive months;

e/ The foreign lawyer no longer has the status of practicing law overseas.

2. The Ministry of Justice shall decide on revocation of foreign lawyers’ licenses for practice in Vietnam.

Article 42. Notification of foreign lawyers’ breach of the Vietnamese lawyers’ code of professional ethics and conduct

1. When detecting foreign lawyers who breach the code of professional ethics and conduct of Vietnamese lawyers, the provincial-level Departments of Justice of localities where these foreign lawyers practice shall propose the Ministry of Justice to notify their breaches to foreign law-practicing organizations that have appointed such lawyers to practice law in Vietnam or Vietnamese law-practicing organizations that employ such lawyers.

2. When foreign lawyers who commit breaches defined in Clause 1 of this Article relapse into such breaches, the provincial-level Departments of Justice of localities where these foreign lawyers practice shall propose the Ministry of Justice to revoke or refuse to extend their practice licenses.

 

Chapter VII

IMPLEMENTATION PROVISIONS^[14]

Article 43^[15]. (annulled)

Article 44. Effect

This Decree takes effect on November 28, 2013.

The Government’s Decree No. 28/2007/ND-CP of February 26, 2007, detailing and guiding the implementation of a number of articles of the Law on Lawyers, Decree No. 131/2008/ND-CP of December 31, 2008, guiding the provisions of the Law on Lawyers regarding lawyers’ socio-professional organizations, and Articles 3 and 5 of Decree No. 05/2012/ND-CP of February 2, 2012, amending and supplementing a number of articles of the Decrees on registration of secured transactions, legal aid, lawyers and legal counseling, cease to be effective on the effective date of this Decree.

Article 45. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees and the President of the Vietnam Bar Federation shall implement this Decree.

The Minister of Justice shall guide the implementation of Articles 4, 22 and 25 of this Decree.-

 

THE MINISTRY OF JUSTICE No. 4529/VBHN-BTP	CERTIFICATION OF CONSOLIDATED TEXT
	Hanoi, November 26, 2018 For the Minister of Justice Deputy Minister TRAN TIEN DUNG