Resolution No. 65/2006/NQ-QH11 dated July 12, 2006 of the National Assembly on implementation of the Law on Lawyers

RESOLUTION

ON IMPLEMENTATION OF THE LAW ON LAWYERS

THE NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10 of December 25, 2001, of the Xth National Assembly, the 10th session;

RESOLVES:

1. The Law on Lawyers, which was passed on June 29, 2006, by the XIth National Assembly of the Socialist Republic of Vietnam at its 9th session, takes effect on January 1, 2007.

2. The Government shall organize the review of legal documents detailing and guiding the implementation of the 2001 Ordinance on Lawyers for annulment or promulgation of new ones for implementation of this Law.

3. As from the effective date of the Law on Lawyers:

a/ Persons who have been granted law practice certificates under the provisions of the 2001 Ordinance on Lawyers may continue practicing law in accordance with this Law;

b/ Persons who works as probationary lawyers under the provisions of the 2001 Ordinance on Lawyers may continue their probation in accordance with this Law; their past probationary duration is counted into their further probationary duration under the provisions of this Law but their probationary lawyer's cards are no longer valid;

c/ Lawyer's cards granted by bar associations under the provisions of the 2001 Ordinance on Lawyers remain valid until they are renewed; the national lawyers' organization shall guide the renewal of lawyer's cards;

d/ Within 6 months, lawyer's offices and law partnerships which have been granted operation registration certificates under the provisions of the 2001 Ordinance on Lawyers shall fill in the procedures for their transformation in accordance with this Law.

The Justice Ministry shall guide the transformation of lawyer's offices and law partnerships which have been granted operation registration certificates under the provisions of the 2001 Ordinance on Lawyers;

e/ Within 6 months, if individuals or organizations dealing in legal services under the provisions of the 1999 Enterprise Law continue to provide those services, they must meet all the law-practicing conditions and transform the professional practice organization in accordance with this Law; in case of non-transformation, they are required to stop their operations.

The Justice Ministry shall provide guidance on transformation for individuals and organizations dealing in legal services under the provisions of the 1999 Enterprise Law.

f/ Foreign lawyers who have been granted permits for professional practice in Vietnam; Vietnam-based branches of foreign law-practicing organizations, foreign law firms or Vietnamese and foreign law partnerships which have been granted establishment permits under the provisions of the Government's Decree No. 87/2003/ND-CP of July 22, 2003, on law practice by foreign lawyers' organizations and foreign lawyers in Vietnam, may continue practicing law in accordance with this Law;

g/ Bar associations established under the provisions of the 2001 Ordinance on Lawyers need not fill in the procedures to apply for their re-establishment;

h/ Pending the establishment of the national lawyers' organization, the Justice Ministry shall organize tests for probationary lawyers and the bar associations shall grant lawyer's cards.

4. The Government shall specify the state budget funding support for mountainous provinces meeting with special difficulties to develop a contingent of lawyers and ensure operations of the bar associations.

This Resolution was passed on June 29, 2006, by the XIth National Assembly of the Socialist Republic of Vietnam at its 9th session.