| THE GOVERNMEN | SOCIALIST REPUBLIC OF VIET NAM |
| No. 92/1998/ND-CP | Hanoi, November 10, 1998 |
ON THE LEGAL CONSULTANCY PRACTICE BY FOREIGN LAWYERS’ ORGANIZATIONS IN VIETNAM
THE GOVERNMENT
Pursuant to the Law on Organization of the Government of September 30, 1992;
At the proposal of the Minister of Justice,
DECREES:
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THE CONDITIONS FOR PRACTICE, FORMS OF ORGANIZING THE PRACTICE AND THE LICENSING PROCEDURES
1. Being established and operating lawfully in the country of which such foreign lawyers’ organization bears the nationality;
2. Having foreign clients conducting investment and/or business activities in Vietnam;
3. Having prestige in the legal consultancy;
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5. Having an operation plan and committed to fulfill its obligations in accordance with provisions of this Decree and other provisions of the Vietnamese law;
6. Having the material facilities necessary for its legal consultancy activities.
Each foreign lawyers’ organization shall be allowed to set up a maximum of two branches in Vietnam.
Foreign lawyers’ organizations shall be responsible for their branches’ activities before the Vietnamese law.
Each foreign lawyers’ organization shall appoint one of its own lawyers to act as the chief of its branch. The branch chief shall manage, run and be responsible for the organization and operation of the branch in Vietnam.
1. Having legal consultancy practice license granted by a foreign competent agency;
2. Having goodwill toward the Vietnamese State;
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Apart from the conditions prescribed in Clauses 1, 2 and 3 of this Article, the chief lawyer of the branch of a foreign lawyers’ organization in Vietnam must have practiced legal consultancy for at least 5 years.
1. The full name, nationality and address of the head office of the foreign lawyers’ organization;
2. The name of the branch;
3. The content of operation and fields of legal consultancy;
4. The operation duration;
5. The proposed location of the branch office;
6. The full name of the foreign lawyer appointed as the branch chief by the foreign lawyers’ organization.
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1. A copy of the Statute or papers evidencing the lawful establishment and operation of the foreign lawyers’ organization;
2. The written introduction of the foreign lawyers’ organization’s operation;
3. The report on the financial status of the foreign lawyers’ organization for the last two years;
4. The list and the professional and juridical resumes (if any), and copies of the practice licenses of the foreign lawyers working in the branch;
5. The decision to appoint one foreign lawyer as the branch chief;
6. The operation plan of the branch;
7. The list of foreign clients of the foreign lawyers’ organization, who conduct investment and/or business activities in Vietnam.
The following papers must be certified by the competent agency of the country of which the foreign lawyers’ organization bears the nationality:
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2. Copies of the operation licenses of the foreign lawyers;
3. The decision to appoint a foreign lawyer as the branch chief.
Each license shall be made in three copies: one shall be granted to the foreign lawyers’ organization, one sent to the People’s Committee of the province or centrally-run city where the branch office of the foreign lawyers’ organization is located and another kept at the Ministry of Justice.
The license shall take effect after its signing.
In cases of refusal to grant a license, the Ministry of Justice shall have to notify the applicant in writing and clearly state the reason(s) therefor.
When registering its practice, the branch of the foreign lawyers’ organization shall have to produce the license to set up the branch and the document certifying the branch office location.
Within 15 days from the date of receiving the complete and valid dossier, the provincial/municipal Justice Service shall have to grant the practice registration paper to the branch of the foreign lawyers’ organization. The branch of the foreign lawyers’ organization shall commence its operation only after it is granted the practice registration paper.
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Within 30 days from the date the written approval of the change in the license content takes effect. The foreign lawyers’ organization’s branch shall have to register such change at the Justice Service of the province or centrally-run city where the branch office is located.
Within 30 days from the date of receiving the application for extension, the Ministry of Justice shall decide the extension; if it refuses to extend the operation duration, the Ministry of Justice shall have to reply in writing and clearly state the reason(s) therefor.
Within 30 days from the date the decision on extension of its operation duration is issued, the foreign lawyers’ organization’s branch shall have to register the extension at the Justice Service of the province or centrally-run city where the branch office is located and publish it on a newspaper as prescribed in Article 15 of this Decree.
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A legal consultancy cooperation contract is a written document signed between the branch and a Vietnamese legal consultancy organization.
A legal consultancy cooperation contract must include the following principal contents: the mode of cooperation, the mode of remuneration calculation, the rights, obligations and responsibilities of each party; and the relationship between each party and the clients.
The branch shall send copies of the legal consultancy cooperation contract to the Ministry of Justice and the Justice Service of the province or centrally-run city where the branch office is located.
The receipt of remuneration for the legal consultancy activities by the branch shall be effected in Vietnam.
The rights and obligations of the contractual Vietnamese and foreign personnel working in the branch shall be specified in the contracts in accordance with Vietnam’s labor legislation.
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Article 28.- The branch must have at least one foreign lawyer working permanently in Vietnam.
Legal consultancy practice trainees at the branch shall not allowed to provide legal consultancy to clients.
The rights, obligations and probation term of the legal consultancy trainees at the branch shall be agreed upon by the branch and such trainees and stated in the labor contracts in accordance with Vietnam’s labor legislation and this Decree.
The branch shall have to notify the list of legal consultancy trainees thereat to the Justice Service of the province or centrally-run city where the branch office is located.
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Article 35.- A branch shall terminate its operation in the following cases:
1. The operation duration stated in its license expires while the extension thereof has not been granted yet or has been rejected;
2. It voluntarily terminates its operation;
3. It is deprived of the right to use the license;
4. The foreign lawyers’ organization which has set up the branch terminates its operation in the country of which such foreign lawyers’ organization bears the nationality.
In cases where it voluntarily terminates its operation, the branch shall have to report it in writing to the Ministry of Justice and the Justice Service of the province or centrally-run city where the branch office is located 60 days before the date planned for the termination of its operation.
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THE MANAGEMENT OF LEGAL CONSULTANCY PRACTICE CONDUCTED IN VIETNAM BY FOREIGN LAWYERS’ ORGANIZATIONS
1. To elaborate then submit to the competent agency(IES) for promulgation or promulgate according to its own competence legal documents on legal consultancy practice by foreign lawyers organizations in Vietnam;
2. To guide foreign lawyers’ organizations in filling the procedures for applying for licenses to set up their respective branches in Vietnam;
3. To grant, extend and change the contents of the branch-setting up licenses;
4. To guide, examine and inspect the organization and operation of the branches and foreign lawyers;
5. To assume the prime responsibility for settling matters related to the legal consultancy practice by foreign lawyers’ organizations in Vietnam;
6. To handle violations as prescribed in Article 42 of this Decree.
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1. To inspect the organization and operation of the branches;
2. To handle violations as prescribed in Article 43 of this Decree.
3. To request the competent State agency(IES) to consider and settle matters related to the organization and operation of the branches.
1. To effect the registration of practice, change in the license contents and/or extension of operation duration, and monitor the admission of legal consultancy trainees as well as the employment of Vietnamese and foreign personnel by branches;
2. To monitor the probation of legal consultancy trainees at branches;
3. To perform other managerial activities with regard to branches’ legal consultancy practice under the direction and guidance of the Ministry of Justice and the People’s Committees of the provinces and centrally-run cities where branch offices are located;
4. To send biannual and annual reports to the Ministry of Justice and the People’s Committees of the provinces and centrally-run cities on the organization and operation of the branches within their respective assigned competence and management scope.
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1. A warning or a fine of VND 5,000,000 to 20,000,000 for one of the following acts:
a) Failing to buy professional liability insurance for the branch’s lawyers practicing legal consultancy in Vietnam;
b) Employing laborers to work in the branch in contravention of the provisions of this Decree and Vietnam’s labor legislation;
c) Failing to report or falsely reporting on the branch’s organization and operation as prescribed;
d) Failing to register and/or publish on newspapers the matters prescribed in Articles 15, 16 and 17 of this Decree;
e) Delaying the payment and/or the return of office and working facilities it has hired in case of operation termination;
f) Erasing, wiping or modifying the branch-setting up license;
g) Hiring out or lending the license;
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2. A fine of above VND 20,000,000 to 60,000,000 for one of the following acts:
a) Relocating its office from one province or centrally-run city to another without permission;
b) Changing the name of the branch without permission;
c) Changing the branch chief and/or the list of lawyers without permission;
d) Causing difficulties and/or obstacles to the inspection and examination by the competent State agency(IES);
e) Suspending and/or terminating its operation without any notice;
f) Violating the regulations on the accounting and statistical regime;
g) Opening and using accounts in contravention of regulations.
3. A fine of above VND 60,000,000 to 100,000,000 for one of the following acts:
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b) Practicing legal consultancy after the right to use the license to set up branch in Vietnam is deprived for a limited period of time;
c) Employing foreign lawyer(s) to work for the branch without permission;
d) Practicing legal consultancy outside the contents and fields stated in the license.
4. In cases where a branch commits violation acts prescribed in Clauses 1 and 2 of this Article, which involve aggravating circumstances, it shall be fined at the highest level of the fine bracket, and at the same time it may be deprived of the right to use the license to set up the branch in Vietnam for a limited period of time.
In cases where the branch commits violation acts prescribed in Clause 3 of this Article which involve aggravating circumstances, it shall be subject to a fine of VND 100,000,000 and may be deprived of the right to use the license to set up the branch in Vietnam for a limited period of time.
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Vietnamese citizens who violate provisions of this Decree shall, depending on the seriousness of their violations, be administratively sanctioned or examined for penal liability as prescribed by law.
The previous stipulations on legal consultancy by foreign lawyers’ organizations in Vietnam, which are contrary to this Decree, are now annulled.
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ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai
File gốc của Decree of Government No. 92/1998/ND-CP of November 10, 1998 on the legal consultancy practice by foreign Lawyers organizations in Vietnam đang được cập nhật.
Decree of Government No. 92/1998/ND-CP of November 10, 1998 on the legal consultancy practice by foreign Lawyers organizations in Vietnam
Tóm tắt
| Cơ quan ban hành | Chính phủ |
| Số hiệu | 92/1998/ND-CP |
| Loại văn bản | Nghị định |
| Người ký | Phan Văn Khải |
| Ngày ban hành | 1998-11-10 |
| Ngày hiệu lực | 1998-11-25 |
| Lĩnh vực | Dịch vụ pháp lý |
| Tình trạng | Hết hiệu lực |