Things to Know When Foreign Lawyers Practice in Vietnam
The practice of foreign lawyers in Vietnam not only opens up new opportunities but also poses many challenges, especially in complying with legal regulations. Based on the 2006 Law on Lawyers and its amendments in 2012, foreign lawyers need to understand these regulations to practice legally and effectively.
I. Conditions for Foreign Lawyers to Practice in Vietnam
According to the provisions of the 2006 Law on Lawyers, as amended in 2012, foreign lawyers wishing to practice in Vietnam must meet specific conditions regarding expertise, legal qualifications, and administrative requirements. First, they must obtain a practicing license issued by the Ministry of Justice of Vietnam. To receive this license, foreign lawyers must have a lawyer’s practicing certificate from their home country and must not be prohibited or restricted from practicing there. This ensures that foreign lawyers possess the necessary professional competence and ethical standards. Foreign lawyers must also meet the following conditions to be granted a practicing license in Vietnam:
- Hold a valid lawyer’s practicing certificate issued by a competent authority or organization in their home country;
- Have experience in providing legal advice on foreign law and international law;
- Commit to complying with the Constitution and laws of the Socialist Republic of Vietnam and the ethical rules and professional conduct for Vietnamese lawyers;
- Be assigned to practice in Vietnam by a foreign law practice organization or be employed by a branch or foreign law firm in Vietnam, or a Vietnamese law practice organization.
Additionally, foreign lawyers must prove that they have experience practicing law in their home country or another country before coming to Vietnam. This experience not only helps foreign lawyers understand complex legal issues but also assists them in adapting to the Vietnamese legal environment. At the same time, foreign lawyers must ensure compliance with all regulations related to their status, professional ethics, and legal responsibilities in Vietnam.
II. Forms of Organization for Foreign Lawyers Practicing in Vietnam
Foreign lawyers practice in Vietnam in the following forms:
- Working as members of a branch or a foreign law firm in Vietnam;
- Working under contract for a branch, foreign law firm, or Vietnamese law practice organization.
III. Rights and Obligations of Foreign Lawyers Practicing in Vietnam
Rights of foreign lawyers practicing in Vietnam:
- Choose their form of practice in Vietnam in accordance with legal provisions;
- Transfer income from their practice abroad in accordance with Vietnamese law;
- Other rights as stipulated by the law.
Obligations of foreign lawyers practicing in Vietnam:
- Pay personal income tax;
- Comply with the principles of lawyer practice, obligations of lawyers, and the ethical rules and professional conduct for lawyers;
- Be present regularly in Vietnam;
- Other obligations as stipulated by this law.
IV. Scope of Practice for Foreign Lawyers in Vietnam
Foreign lawyers practicing in Vietnam are permitted to provide legal advice on foreign law and international law, offer other legal services related to foreign law, and provide advice on Vietnamese law if they hold a law degree from Vietnam and meet similar requirements as Vietnamese lawyers. However, they are not allowed to participate in litigation as representatives, defenders, or protectors of the legitimate rights and interests of clients before Vietnamese courts.
This creates a specific limitation on the activities of foreign lawyers while protecting the independence and rights of the Vietnamese legal system. Moreover, limiting the right of foreign lawyers to participate in litigation ensures the quality of legal services, especially in cases related to Vietnamese law, ensuring that clients are represented by individuals with sufficient knowledge and understanding of Vietnamese law.
V. Procedures for Licensing and Registration for Foreign Lawyers Practicing in Vietnam
The issuance of practicing licenses and registration for foreign lawyers in Vietnam is strictly managed by the Ministry of Justice. Foreign lawyers must submit a license application package that includes an application form, a certificate of eligibility to practice, documents proving experience and competence, and other required papers. After submitting the application, the Ministry of Justice will review it and decide on the issuance of the license within 30 days if the application is complete and valid. In case of refusal, the Ministry of Justice must provide written notice stating the reasons.
Additionally, foreign law practice organizations in Vietnam must also register their operations with the local Department of Justice where their headquarters or branches are located. This process includes submitting related documents, paying registration fees, and complying with regulations on quality control of services.
VI. Forms of Handling Violations for Foreign Lawyers Practicing in Vietnam
Foreign lawyers practicing in Vietnam who violate Vietnamese laws may face various forms of penalties, ranging from warnings, fines, to the revocation of their practicing licenses. These forms of handling are aimed at protecting the dignity and effectiveness of the Vietnamese legal system, while also ensuring that all lawyers practicing in Vietnam comply with legal regulations and ethical standards.
Understanding the regulations regarding the rights, responsibilities, and legal obligations of foreign lawyers practicing in Vietnam is crucial for foreign lawyers. Only by strictly adhering to these regulations can they practice legally, effectively, and positively contribute to the development of the legal field in Vietnam.
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Contact Hankuk Law Firm for legal information:
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