VIETNAM

ASEAN ECONOMIC LAW 1

ANZURES, ESTRELLA, NAMBATAC

SHORT HISTORY ON THE LEGAL FIELD

Vietnam was colonized by France
1945 President Ho Chi Minh signed the decision to set up the Vietnamese legal
organization
People Jury system
1986 - Vietnam introduced reform policies and began setting up private legal
practice association.
1987 - Ordinance on Lawyers was issued.
Qualification: Legal degree or equivalent, and good morality
2001- Revision of the 1987 ordinance; started to negotiate with the US

CURRENT LEGAL FRAMEWORK

* THE LAW ON LAWYERS (2006)*

2006 - Vietnam started to integrate more into the international community.

2007 -Vietnam joined the World Trade Organization (WTO)

2009 - The first ever national organization of Vietnamese lawyers was established
- the Vietnamese Lawyers Federation / The Vietnamese Bar Federation (VBF)
protect the legitimate rights of Vietnamese lawyers as well as control and monitor the good
conduct of lawyers
Investigate and discipline the lawyers through issuing the code of conduct.

CURRENT LEGAL FRAMEWORK

* QUALIFICATIONS OF A VIETNAM LAWYER*

1. A degree in law at any university which offers law;

2 specialized law universities
Hanoi
Ho Chi Minh City

other universities have law faculty members.

CURRENT LEGAL FRAMEWORK

* QUALIFICATIONS OF A VIETNAM LAWYER*
2. A lawyer training course lasting 12 months which is certicated by the
Vietnam Judicial Academy;
Article 12.- Lawyer training
1. A person who possesses a law bachelor diploma may register to participate in a lawyer-training course at
a lawyer-training establishment.
2. x x x
A person who completes the lawyer-training program shall be granted a graduation certificate by the
concerned lawyer-training establishment.
3. The Justice Minister shall provide a framework program for lawyer training and the recognition of lawyer
training overseas.
4. The Government shall provide for lawyer-training establishments.

CURRENT LEGAL FRAMEWORK

* QUALIFICATIONS OF A VIETNAM LAWYER*

3. A 12-month practical training at any law firm;

4. They must pass the national exams and get the lawyer practicing certificate
issued by the Ministry of Justice;
5. The Bar association of the area in which the lawyer practices issues a license to
the member.

CURRENT LEGAL FRAMEWORK

* FOREIGN LAW FIRMS*
What foreign law firms may practice in Vietnam?

Article 68 of the 2006 Law on Lawyers (revised in 2012):

Must satisfy the following conditions:
1.

Committing to abide by the Constitution and law of the Socialist Republic of Vietnam;

2.

Having at least two foreign lawyers, including the head of its branch or the director of the
foreign law firm, present and practicing in Vietnam for 183 days or more within 12
consecutive months;

3.

The head of its branch or the director of the foreign law firm in Vietnam must have practiced
law for at least two consecutive years.

CURRENT LEGAL FRAMEWORK

* FOREIGN LAW FIRMS*
What are forms and scope of practice by a foreign law firm in Vietnam?
Articles 69 and 70 of the Law:

1.
2.

Branch (subsidiary);
Foreign law firm, including:
a.
b.
c.

Wholly foreign-owned limited liability law firm

Joint-venture limited liability law firm
Law partnership

CURRENT LEGAL FRAMEWORK

* FOREIGN LAW FIRMS*
Foreign law firms may likewise set-up branches in Vietnam
(inside and outside the province or centrally-run city where it
registers its operations).
Directors of foreign law firms may be foreign or Vietnamese
lawyers.

CURRENT LEGAL FRAMEWORK

* FOREIGN LAW FIRMS*
SCOPE of Practice
May provide legal consultancy and other legal services and nominate their
Vietnamese lawyers to provide legal consultancy on Vietnamese law.

BUT it may not nominate foreign lawyers to participate in legal proceedings

in the capacity of defense counsels or defenders of interests of involved parties,
representatives or defenders of legitimate rights and interests of involved parties
before Vietnamese legal proceeding-conducting agencies;

HOWEVER, may nominate Vietnamese lawyers in their organizations to

advise on Vietnamese law or participate in legal proceedings in the capacity of
representatives or defenders of legitimate rights and interests of their clients
before Vietnamese courts in cases or affairs in which branches or foreign law
firms provide legal consultancy, except for criminal cases.

CURRENT LEGAL FRAMEWORK

* FOREIGN LAWYERS*
How can foreign lawyers practice law in Vietnam?
Articles 74 and 76 of the Law:
To be licensed, the following conditions must be satisfied:
a. Having a law practice certificate which is granted by a competent foreign
agency or organization and remains valid;
b. Having experience of advising on foreign laws and international law;
c. Committing to comply with the Constitution and law of the Socialist
Republic of Vietnam and rules of professional ethics and conduct of Vietnamese
lawyers;
d. Being nominated by a foreign law-practicing organization to practice law in
Vietnam or recruited by its Vietnam-based branch or a foreign law firm or
Vietnamese law-practicing organization.

CURRENT LEGAL FRAMEWORK

* FOREIGN LAWYERS*
SCOPE of Practice:
a.
b.
c.
d.

advise on foreign laws and international law,

provide other legal services related to foreign laws,
advise on Vietnamese law if possessing a Vietnamese
bachelors degree in law and satisfying all requirements
prescribed for a Vietnamese lawyer
BUT may not participate in legal proceedings as
representatives, defense counsels or defense counsels for
the rights and legitimate interests of involved parties
before Vietnamese courts.

CURRENT LEGAL FRAMEWORK

* FOREIGN LAWYERS*
What are procedures for licensing professional practice of foreign lawyers
in Vietnam?

1. Send dossiers of application for licenses for law practice in Vietnam to

the Ministry of Justice
2. Ministry of Justice will grant a license to the foreign lawyer within 30
days after receiving a complete and valid dossier and fee. In case of
refusal, it will notify such in writing to the applicant, clearly stating the
reason.

CURRENT LEGAL FRAMEWORK

* FOREIGN LAWYERS*

Validity - 5 years and may be extended for at most 5 years each time.
Work permit substitute - Licenses for foreign lawyer professional practice in
Vietnam may substitute their work permits under the provisions of
Vietnamese law regarding the grant of work permits for laborers being
foreign nationals working in Vietnam.

CURRENT LEGAL FRAMEWORK

* FOREIGN LAWYERS*
The dossier of application for a license comprises:
a. An application for a license for professional practice in Vietnam;
b. Papers certifying that the lawyer of the foreign law-practicing
organization is nominated to practice law in Vietnam or that he/she is
recruited by a branch, a Vietnam-based foreign law firm or a
Vietnamese law-practicing organization where he/she is expected to
work;
c. A copy of the law practice certificate; a professional resume; a judicial
record card or substitute papers.

CURRENT LEGAL FRAMEWORK

* SUMMARY: FOREIGN LEGAL PRACTICE*
I.

A foreign law firm can have a representative in Vietnam in the form of a branch office,
in the form of a foreign law firm, 100%-foreign-owned, or a joint venture company with
a Vietnamese law firm.

II.

A foreign law firm cannot give legal advice on Vietnamese law, but if the firm employs
a licensed Vietnamese lawyer, he or she can.

III.

A foreign law firm can represent its clients in a litigation case, provided that the lawyer
who attends the trial is a Vietnamese lawyer.

IV. If a foreign lawyer graduates from a Vietnamese law university, he or she can be
qualified as a Vietnamese lawyer.
V.

Foreign lawyers practicing law in Vietnam may advise on foreign laws and
international law, provide other legal services related to foreign laws, advise on
Vietnamese law if possessing a Vietnamese bachelors degree in law and satisfying all
requirements prescribed for a Vietnamese lawyer, but may not participate in legal
proceedings as representatives, defense counsels or defense counsels for the rights
and legitimate interests of involved parties before Vietnamese courts.

COMPLIANCE

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