| Số hiệu | 87/2003/ND-CP |
| Loại văn bản | Nghị định |
| Cơ quan | Chính phủ |
| Ngày ban hành | 22/07/2003 |
| Người ký | Phan Văn Khải |
| Ngày hiệu lực | |
| Tình trạng |
|
THE GOVERNMENT |
SOCIALIST REPUBLIC OF VIET NAM |
|
No: 87/2003/ND-CP |
Hanoi, July 22, 2003 |
ON PROFESSIONAL PRACTICE BY
FOREIGN LAWYERS' ORGANIZATIONS AND FOREIGN LAWYERS IN VIETNAM
THE GOVERNMENT
Pursuant to the
December 25, 2001 Law on Organization of the Government;
Pursuant to the July 25, 2001 Ordinance on Lawyers;
At the proposal of the Justice Minister,
DECREES:
Article
1.- Scope of regulation
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Article
2.- The
principle of non-discrimination
The Vietnamese
Government ensures the non-discrimination among foreign lawyers' organizations
and foreign lawyers practicing their profession in Vietnam.
Article
3.- Protection of ownership right over
investment capital and other legitimate interests of foreign lawyers'
organizations and foreign lawyers
The Vietnamese
Government protects ownership right over investment capital and other
legitimate interests of foreign lawyers' organizations and foreign lawyers
practicing their profession in Vietnam according to the provisions of
Vietnamese law.
Article
4.- Prohibition of illegal professional
practice by lawyers
Foreign organizations
and individuals shall not be allowed to practice the lawyer's profession in
Vietnam in any forms if they are not granted licenses by Vietnam's Justice
Ministry according to the provisions of this Decree.
Article
5.- Language to be used and consular
legalization
1. Applications for
licenses for professional practice in Vietnam by foreign lawyers' organizations
and foreign lawyers shall be made in Vietnamese. Papers enclosed with license
applications which are in foreign languages must be translated into Vietnamese
and the translations must be notarized according to the provisions of
Vietnamese law.
2. Papers granted by
foreign agencies or organizations or notarized or authenticated abroad must be
consularly legalized according to the provisions of Vietnamese law.
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Foreign lawyers'
organizations and foreign lawyers applying for establishment licenses,
registering their operation and/or changes in the contents of their licenses,
or applying for licenses for professional practice in Vietnam shall have to pay
fees according to the law provisions on charges and fees.
Article
7.- Profession-practicing conditions
Foreign lawyers' organizations
lawfully established and practicing the lawyer's profession in foreign
countries and having goodwill toward the Vietnamese State shall be licensed to
practice their profession in Vietnam according to the provisions of this Decree.
Article
8.- Profession-practicing forms
Foreign lawyers
organizations shall practice their profession in Vietnam in the following forms:
1. Branches of foreign
lawyers' organizations (hereinafter referred to as branches for short).
2. Foreign law firms.
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1. Branches are dependent
units of foreign lawyers' organizations, which are set up in Vietnam according
to the provisions of this Decree.
2. Branches bear
unlimited liability for their operations before the Vietnamese law.
3. A foreign lawyers'
organization shall designate one lawyer to act as the head of its branch. The
branch head shall manage and run the branch's operations in Vietnam and act as
the branch's representative at law. A branch head may be a foreign lawyer or a
Vietnamese lawyer.
Article
10.- Foreign law firms
1. Foreign law firms
are lawyer's profession-practicing organizations established in Vietnam by one
or many foreign lawyers' organizations according to the provisions of this
Decree.
2. Foreign law firms
shall manage by themselves and take unlimited liability for all their
operations before the Vietnamese law.
3. Directors of
foreign law firms are representatives at law of the firms. Directors of foreign
law firms may be either foreign lawyers or Vietnamese lawyers.
Article
11.- Foreign-Vietnam law partnerships
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2. Partners to
foreign-Vietnam law partnerships shall bear unlimited joint liability for all
operations of the partnerships before the Vietnamese law.
3. The rights and
obligations of, and relationships between, partners, the organizational
structure and management of foreign-Vietnam law partnerships shall be agreed
upon by partners and specified in their partnership contracts.
4. Directors of
foreign-Vietnam law partnerships are representatives at law of the partnerships.
Directors of foreign-Vietnam law partnerships may be either foreign lawyers or
Vietnamese lawyers.
Article
12.- Dossiers of application for setting
up branches
A dossier of
application for setting up a branch comprises the following papers:
1. An application for
setting up a branch;
2. Copies of papers
evidencing the lawful establishment of the foreign lawyers' organization,
issued by foreign competent agencies or organizations;
3. Written
introduction of the operation of the foreign lawyers' organization;
4. The list of foreign
lawyers expected to work at the branch, enclosed with their dossiers of
application for licenses for professional practice in Vietnam;
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Article
13.- Contents
of applications for setting up branches
An application for
setting up a branch must have the following principal contents:
1. The full name,
nationality and address of the head office of the foreign lawyers' organization;
2. The name of the
branch;
3. The domains of the
branch's professional practice;
4. The operation
duration of the branch;
5. The location of the
branch's office;
6. The full name of
the lawyer appointed to be the branch head by the foreign lawyers' organization.
Article
14.- Dossiers
of application for establishment of foreign law firms
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1. An application for
establishment of a foreign law firm;
2. Copies of papers evidencing
the lawful establishment of the foreign lawyers' organization, issued by
foreign competent agencies or organizations;
3. Written
introduction of the operation of the foreign lawyers' organization;
4. The list of foreign
lawyers expected to work at the firm, enclosed with their dossiers of
application for licenses for professional practice in Vietnam;
5. The charter of the
foreign law firm.
Article
15.- Contents
of applications for establishment of foreign law firms
An application for establishment
of a foreign law firm must have the following principal contents:
1. The full name,
nationality and address of the head office of the foreign lawyers' organization;
2. The name of the
foreign law firm;
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4. The operation
duration of the foreign law firm;
5. The location of the
foreign law firm's office;
6. The full name of
the lawyer designated to be the director of the foreign law firm.
Article
16.- Contents of charters of foreign law
firms
The charter of a
foreign law firm must have the following principal contents:
1. The names and
addresses of the head office and branches (if any); the full name and address
of the competent representative of the foreign lawyers' organization;
2. The domain of the
foreign law firm's professional practice;
3. Rights, obligations
and responsibilities of, and relationships between, member lawyers of the
foreign law firm;
4. The organizational
structure and management of the foreign law firm;
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6. Operation duration
and conditions for termination of operation of the foreign law firm;
7. Mode of amending
and supplementing the charter of the foreign law firm.
Article
17.- Dossiers of application for establishment
of foreign-Vietnam law partnerships
A dossier of
application for establishment of a foreign-Vietnam law partnership comprises
the following papers:
1. An application for
establishment of a foreign-Vietnam law partnership;
2. Copies of papers
evidencing the lawful establishment of the foreign lawyers' organization, copy
of the written operation registration of the Vietnamese law partnership;
3. Written
introduction of the operations of the foreign lawyers' organization and the
Vietnamese law partnership;
4. The list of foreign
lawyers expected to work at the foreign-Vietnam law partnership, enclosed with
their dossiers of application for licenses for professional practice in
Vietnam; the list of Vietnamese lawyers expected to work at the foreign-Vietnam
law partnership, enclosed with copies of their profession-practicing
certificates and their lawyer's cards;
5. The partnership
contract.
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An application for establishment
of a foreign-Vietnam law partnership must have the following principal contents:
1. The name,
nationality and the address of the head office of the foreign lawyers'
organization; the name and the address of the head office of the Vietnamese law
partnership;
2. The name of the
foreign-Vietnam law partnership;
3. The domains of the
foreign-Vietnam law partnership's professional practice;
4. The operation
duration of the foreign-Vietnam law partnership's office;
5. The location of the
foreign-Vietnam law partnership's office;
6. The full names of
the lawyers being the director and deputy-directors of the foreign-Vietnam law
partnership.
Article
19.- Contents of partnership contracts
A partnership contract
must have the following principal contents:
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2. The domains of the
foreign-Vietnam law partnership's professional practice;
3. Rights and
obligations of, and relationships between, the partners; rights and obligations
of lawyers being members to the foreign-Vietnam law partnership;
4. The organizational
structure and management of the foreign-Vietnam law partnership;
5. The representative
at law of the foreign-Vietnam law partnership;
6. The operation
duration of the foreign-Vietnam law partnership;
7. Mode of amending
and terminating the contract, the conditions for terminating the operation of
the foreign-Vietnam law partnership.
Article
20.- Procedures for granting licenses
for establishment of branches, foreign law firms or foreign-Vietnam law
partnerships
Dossiers of
application for establishment of branches, foreign law firms or foreign-Vietnam
law partnerships (hereinafter referred collectively to as Vietnam-based foreign
lawyer's profession-practicing organizations) shall be sent to the Justice
Ministry. Within 60 days after receiving complete and valid dossiers and fee,
the Justice Ministry shall examine dossiers and grant or refuse to grant
licenses.
A license shall be
made in three (3) copies: One copy shall be granted to the foreign lawyers'
organization in Vietnam, one copy sent to the People's Committee of the
province or centrally-run city where the office of the Vietnam-based foreign
lawyer's profession-practicing organization is located, and another kept at the
Justice Ministry.
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In case of refusal to
grant licenses, the Justice Ministry must notify such in writing and clearly
state the reason(s) therefor.
Article
21.- Registration of operation of
Vietnam-based foreign lawyer's profession-practicing organizations
1. Within 60 days as
from the date they are granted licenses, Vietnam-based foreign lawyer's
profession-practicing organizations shall have to register their operation with
the Justice Services of the provinces or centrally-run cities where their
offices are located.
2. A dossier for
operation registration comprises the following papers:
a/ Copy of the license
for establishment of the Vietnam-based foreign lawyer's profession-practicing
organization;
b/ Paper(s) evidencing
the location of the Vietnam-based foreign lawyer's profession-practicing
organization's office.
3. Within 15 days
after the date of receiving complete and valid dossiers, the
provincial/municipal Justice Services shall have to grant written operation
registrations to the Vietnam-based foreign lawyer's profession-practicing
organizations.
Vietnam-based foreign
lawyer's profession-practicing organizations may operate only as from the date
they are granted written operation registrations.
Article
22.- Publication on newspapers and
notification of the establishment of Vietnam-based foreign lawyer's
profession-practicing organizations
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1. The names and
addresses of their offices;
2. The
profession-practicing domains;
3. The full names of
branch heads, directors of foreign law firms or directors of foreign-Vietnam
law partnerships.
Article
23.- Changes in contents of licenses for
establishment of Vietnam-based foreign lawyer's profession-practicing
organizations
1. When a
Vietnam-based foreign lawyer's profession-practicing organization changes one
of the following contents of its establishment license, it shall have to file
an application for permission of the Justice Ministry and may make change(s)
only after it obtains the Justice Ministry's written approval:
a/ Its name.
b/ Its office, which
is relocated from one province or centrally-run city to another.
c/ The branch head,
director of the foreign law firm or director of the foreign-Vietnam law
partnership.
d/ Its
profession-practicing domain.
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When making changes in
the contents of their licenses, Vietnam-based foreign lawyer's
profession-practicing organizations shall have to publish on newspapers or
notify contents of such changes according to the provisions in Article 22 of
this Decree.
Article
24.- Branches
of foreign law firms or foreign-Vietnam law partnerships
1. Foreign law firms
and foreign-Vietnam law partnerships are entitled to set up their branches
outside the provinces or centrally-run cities where their head offices are
located.
2. Branches are
dependent units of foreign law firms or foreign-Vietnam law partnerships and
are allowed to perform tasks under authorization of their foreign law firms or
foreign-Vietnam law partnerships in line with the profession-practicing domains
inscribed in the licenses of the foreign law firms or foreign-Vietnam law
partnerships.
3. Foreign law firms
and foreign-Vietnam law partnerships shall be responsible for their branches'
operations .
4. A dossier of
application for a permit to set up a branch comprises the following papers:
a/ An application for
a permit to set up a branch;
b/ Copy of the
establishment license of the foreign law firm or the foreign-Vietnam law
partnership;
c/ Mandate for a
lawyer to act as the branch head;
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e/ Papers evidencing
the branch's office location.
5. Dossiers of
application for permits to set up branches shall be sent to the Justice
Ministry. Within 30 days after receiving complete and valid dossiers and fee,
the Justice Ministry shall examine them and decide to permit or refuse to
permit the setting up of branches.
In case of refusal to
permit the setting up of branches, the Justice Ministry shall have to notify
such in writing and clearly state the reasons therefor.
6. Within 15 days
after receiving decisions permitting them to set up branches, foreign law firms
or foreign-Vietnam law partnerships shall have to register the operation of
their branches with the provincial/municipal Justice Services of localities where
the branch offices are located.
7. The procedures for
publishing on newspapers and notify the setting up of branches of foreign law
firms or foreign-Vietnam law partnerships shall comply with the provisions in
Article 22 of this Decree.
Article
25.- Amalgamation of foreign law firms
Two or more foreign
law firms may agree to amalgamate themselves into one foreign law firm.
Procedures for
amalgamation are prescribed as follows:
1. The concerned foreign
law firms prepare contracts on amalgamation and contracts on establishment of
new foreign law firms.
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Contracts on
establishment of new foreign law firms have the same contents as partnership
contracts prescribed in Article 19 of this Decree.
Within 10 days after receiving
the amalgamation applications and valid dossiers, the Justice Ministry shall
issue decisions approving the amalgamation in form of granting licenses for
establishment of foreign law firms. In case of refusal, the reasons therefor
must be notified in writing.
2. Procedures for
registering operation, publishing on newspapers and notifying the establishment
of new foreign law firms shall comply with the provisions in Articles 21 and 22
of this Decree.
After the new foreign
law firms are granted written operation registrations, the old foreign law
firms shall terminate their existence. The new foreign law firms shall enjoy
the rights and legitimate interests, be liable to unpaid debts, legal service
contracts currently being performed, labor contracts already signed with
lawyers, staff members and other property obligations of the foreign law firms.
Article
26.- Merger of foreign law firms
One or several foreign
law firms may be merged into another foreign law firm
Procedures for merging
foreign law firms are prescribed as follows:
1. The concerned
foreign law firms prepare merger contracts. Merger contracts must contain
provisions on labor use plans; duration, procedures and conditions for property
transfer; procedures and time limit for effecting the merger.
2. Merging foreign law
firms shall not have to make operation registration but shall only carry out
the procedures for changing the contents of their establishment licenses
according to the provisions in Article 23 of this Decree.
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Article
27.- Temporary suspension of operation
1. Vietnam-based
foreign lawyer's profession-practicing organizations shall temporarily suspend
their operation in the following cases:
a/ They decide at
their own will on temporary operation suspension.
b/ They are
administratively sanctioned in the form of suspending operation for a definite
time.
2. In cases where
Vietnam-based foreign lawyer's profession-practicing organizations temporarily
suspend their operation according to the provisions at Point a, Clause 1 of
this Article, they shall have to notify such in writing to the Justice Ministry
at least 30 days before the planned date of temporary operation suspension.
Vietnam-based foreign
lawyer's profession-practicing organizations shall be allowed to temporarily
suspend operation as from the date they obtain written approval of the Justice
Ministry.
3. Within 15 days at
most after obtaining the Justice Ministry's written approval or decisions on
operation suspension for a definite time, Vietnam-based foreign lawyer's
profession-practicing organizations shall have to notify in writing the
operation suspension to the provincial/municipal Justice Services, bar
associations and tax offices of the localities where their offices are located.
4. During the
temporary operation suspension, Vietnam-based foreign lawyer's
profession-practicing organizations shall have to fully pay their tax arrears;
be liable to pay other debts and bear responsibility for legal consultancy
contracts already signed with their clients and labor contracts already signed
with lawyers and staff members, except otherwise agreed upon by the concerned
parties.
5. At least 30 days
before the planned date of operation resumption, Vietnam-based foreign lawyer's
profession-practicing organizations shall have to report in writing to the
Justice Ministry, the provincial/municipal Justice Services, bar associations
and tax offices of the localities where they are headquartered on the operation
resumption.
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1. Vietnam-based
foreign lawyer's profession-practicing organizations shall terminate their
operation in the following cases:
a/ They terminate
their operation at their own will.
b/ Their licenses are
withdrawn.
2. In cases where
Vietnam-based foreign lawyer's profession-practicing organizations terminate
operation at their own will, they shall, at least 30 days before the planned
time of operation termination, have to notify in writing the operation
termination to the Justice Ministry and the Justice Services of the provinces
and centrally-run cities where they register their operation and the concerned
competent State agencies.
Within 15 days after
receiving notices on operation termination of Vietnam-based foreign lawyer's
profession-practicing organizations, the Justice Ministry shall issue decisions
on operation termination of such Vietnam-based foreign lawyer's
profession-practicing organizations.
Before the time of
operation termination, Vietnam-based foreign lawyer's profession-practicing
organizations shall have to pay fully tax arrears and other debts, complete
procedures for terminating labor contracts already signed with lawyers and
staff members, and liquidate legal consultancy contracts signed with their
clients, except otherwise agreed upon.
3. In case of
withdrawal of establishment licenses, Vietnam-based foreign lawyer's
profession-practicing organizations shall, within 60 days after the issuance of
the Justice Ministry's decisions on operation termination or decisions on
sanctioning administrative violations by mode of license withdrawal, have to
pay fully tax arrears and other debts, complete procedures for terminating
labor contracts already signed with lawyers and staff members, and liquidate
legal consultancy contracts signed with their clients, except otherwise agreed
upon.
Vietnam-based foreign
lawyer's profession-practicing organizations shall have to report in writing to
the Justice Ministry, provincial/municipal Justice Services, bar associations
and tax offices of the localities where they are headquartered on the
completion of the said procedures; return their licenses to the Justice
Ministry, their operation registrations to the Justice Services and their seals
to the agencies competent to grant and register the use thereof.
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Article
29.- Scope of professional practice of
Vietnam-based foreign lawyer's profession-practicing organizations
1. Vietnam-based
foreign lawyer's profession-practicing organizations are allowed to provide
legal consultancy and other legal services; must not designate their lawyers to
participate in legal proceedings as defense counsels or representatives of
their clients before the Vietnamese courts.
2. Vietnam-based
foreign lawyer's profession-practicing organizations are allowed to provide
legal consultancy on Vietnamese laws in the following cases:
a/ They employ
Vietnamese lawyers to practice their profession for them.
b/ Foreign lawyers
practicing their profession at Vietnam-based foreign lawyer's
profession-practicing organizations have Vietnam's law university diplomas and
fully satisfy the requirements as for Vietnamese lawyers.
Article
30.- Cooperation in legal consultancy
with Vietnamese lawyers' organizations
Vietnam-based foreign
lawyer's profession-practicing organizations are entitled to enter into
long-term or case-by-case contracts on legal consultancy cooperation with
Vietnamese lawyers' offices or Vietnamese law partnerships, in order provide
consultancy on Vietnamese laws, foreign laws or international laws to their
clients.
Article
31.- Hiring of foreign lawyers
1. Vietnam-based
foreign lawyer's profession-practicing organizations may hire foreign lawyers
who have licenses for professional practice in Vietnam to work for them.
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Article
32.- Hiring of Vietnamese lawyers
1. Vietnam-based
foreign lawyer's profession-practicing organizations are entitled to hire
Vietnamese lawyers to work for them.
2. Vietnamese lawyers
practicing their profession at Vietnam-based foreign lawyer's
profession-practicing organizations are entitled to provide legal consultancy and
other legal services; must not participate in legal proceedings as defense
counsels or representatives of their clients before the Vietnamese courts.
3. Rights and
obligations of Vietnamese lawyers practicing their profession at Vietnam-based
foreign lawyer's profession-practicing organizations shall be agreed upon in
labor contracts in compliance with the provisions of the Lawyer Ordinance, this
Decree and the labor legislation.
Article
33.- Hiring
of Vietnamese laborers and/or foreign laborers who are not lawyers
1. Vietnam-based
foreign lawyer's profession-practicing organizations are entitled to sign labor
contracts with Vietnamese citizens and/or foreigners, who are not lawyers,
according to the provisions of the labor legislation.
2. Rights and obligations
of Vietnamese laborers, foreign laborers who are not lawyers and working for
Vietnam-based foreign lawyer's profession-practicing organizations are
specified in their contracts in compliance with the labor legislation.
Article
34.- Admission of Vietnamese
probationary lawyers
1. Vietnam-based
foreign lawyer's profession-practicing organizations may admit probationary
lawyers of Vietnamese bar associations to apprentice the lawyer's profession
practice thereat.
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Vietnamese
probationary lawyers on professional apprentice at Vietnam-based foreign
lawyer's profession-practicing organizations must not participate in legal
proceedings as defense counsels or representatives of clients before the
Vietnamese courts.
3. Rights and
obligations of Vietnamese probationary lawyers shall be agreed upon by the
Vietnam-based foreign lawyer's profession-practicing organizations and such
Vietnamese probationary lawyers in compliance with the provisions of law.
4. Bar associations of
localities where the offices of Vietnam-based foreign lawyer's
profession-practicing organizations are located shall recommend probationary
lawyers with such Vietnam-based foreign lawyer's profession-practicing
organizations; supervise and appraise the probation results of the probationary
lawyers at Vietnam-based foreign lawyer's profession-practicing organizations.
Article
35.- The accounting and statistical
regime and financial obligations
1. Vietnam-based
foreign lawyer's profession-practicing organizations must implement the accounting
and statistical regime according to the provisions of Vietnamese law; open
accounts in foreign currencies and Vietnam dong at Vietnamese banks,
joint-venture banks or foreign banks licensed to operate in Vietnam, and effect
all revenues and expenditures via such accounts.
2. Vietnam-based
foreign lawyer's profession-practicing organizations are obliged to pay taxes
according to the provisions of law.
3. Vietnam-based
foreign lawyer's profession-practicing organizations must strictly observe the
law provisions on foreign exchange management.
Article
36.- Import
of means necessary for operation
Vietnam-based foreign
lawyer's profession-practicing organizations are allowed to import assorted
means necessary for their operation in Vietnam according to the provisions of
law.
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Branches, foreign law
firms, foreign partners to foreign-Vietnam law partnerships are entitled to
transfer overseas incomes earned from their professional practice activities
according to the provisions of law.
Article
38.- Damage compensation liability
Vietnam-based foreign
lawyer's profession-practicing organizations are liable to pay compensations
for material damage caused to their clients by their lawyers who are at fault.
Article
39.- Professional liability insurance
Vietnam-based foreign
lawyer's profession-practicing organizations are obliged to buy professional
liability insurance for their lawyers practicing the lawyer's profession in
Vietnam according to the provisions of the insurance legislation.
Article
40.- The
regime of notification of and reporting on organization and operation
1. Vietnam-based
foreign lawyer's profession-practicing organizations shall have to notify in
writing the provincial/municipal Justice Services of the localities where they
are headquartered of the following contents:
a/ The lists or
changes in the lists of foreign lawyers, Vietnamese lawyers, Vietnamese
laborers, foreign laborers, Vietnamese probationary lawyers on professional
probation at Vietnam-based foreign lawyer's profession-practicing organizations;
b/ Relocation of their
offices within the provinces or centrally-run cities where they are allowed to
be set up.
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Article
41.- Profession-practice conditions
Foreign lawyers who
fully meet the following conditions shall be granted licenses for professional
practice in Vietnam according to the provisions of this Decree:
1. Having lawyer's
profession-practicing certificates granted by the foreign competent agencies or
organizations which are still valid;
2. Having goodwill
toward the Vietnamese State;
3. Being designated by
a foreign lawyers' organization to practice their profession in Vietnam or
being recruited by a Vietnam-based foreign lawyer's profession-practicing
organization or a Vietnamese lawyer practice organization to work at such
organization.
Article
42.- Profession-practicing forms
Foreign lawyers shall
practice their profession in Vietnam in the following forms:
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2. Working as
employees of Vietnamese lawyers offices or Vietnamese law partnerships.
Article
43.- Scope
of professional practice by foreign lawyers
Foreign lawyers shall practice
their profession in Vietnam within the following scope:
1. To provide
consultancy on foreign laws and international laws.
2. Not to provide
consultancy on Vietnamese laws, except for cases where they have Vietnamese law
university degrees and fully satisfy the requirements as for Vietnamese lawyers.
3. Not to participate
in legal proceedings as defense counsels or representatives of clients before
the Vietnamese courts.
Article
44.- Foreign
lawyers' dossiers of application for profession-practicing licenses
A foreign lawyer's
dossier of application for a profession-practicing license comprises the
following papers:
1. An application for
a license for professional practice in Vietnam;
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3. Copy of the
lawyer's profession-practicing certificate of the foreign lawyer, a summary of
professional backgrounds, written judicial record or other papers of substitute
value.
Article
45.- Procedures for granting licenses
for professional practice in Vietnam to foreign lawyers
1. Foreign lawyers who
wish to practice their profession in Vietnam in any form according to the
provisions in Article 42 of this Decree shall have to send their dossiers of
application for licenses for professional practice in Vietnam to the Justice
Ministry. Within 30 days after receiving complete and valid dossiers and fee,
the Justice Ministry shall examine such dossiers and grant or refuse to grant
licenses to foreign lawyers. In case of refusal to grant licenses, the reasons
therefor must be notified in writing.
2. A license for
professional practice in Vietnam shall be valid for 5 years and may be
extended. Each extension must not exceed 5 years.
3. Licenses for
professional practice in Vietnam granted to foreign lawyers shall replace work
permits according to the Vietnamese law provisions on granting of work permits
to foreigners working in Vietnam.
Article
46.- Rights and obligations of foreign
lawyers
1. Foreign lawyers are
entitled to choose form of professional practice in Vietnam according to the
provisions in Article 42 of this Decree.
2. Foreign lawyers are
entitled to transfer abroad incomes earned from their profession-practicing
activities according to the provisions of law.
3. Foreign lawyers are
obliged to pay personal income tax according to the provisions of law.
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5. Foreign lawyers
practicing their profession in Vietnam must be permanently present in Vietnam.
MANAGEMENT
OF PROFESSIONAL PRACTICE BY FOREIGN LAWYERS ORGANIZATIONS AND FOREIGN LAWYERS IN VIETNAM
Article
47.- Tasks and powers of the Justice
Ministry
The Justice Ministry
manages the professional practice by foreign lawyers' organizations and foreign
lawyers in Vietnam, having the following tasks and powers:
1. To elaborate and
submit to the competent agencies for promulgation legal documents on
professional practice by foreign lawyers' organizations and foreign lawyers in
Vietnam; to guide the implementation of such legal documents;
2. To grant, change
contents of licenses for establishment of Vietnam-based foreign lawyer's
profession-practicing organizations; to permit the setting up of branches of
foreign law firms or foreign-Vietnam law partnerships; to grant licenses for
foreign lawyers to practice their profession in Vietnam;
3. To examine and
inspect the organization and activities of Vietnam-based foreign lawyer's
profession-practicing organizations and foreign lawyers in Vietnam in case of
handling of violations or settlement of complaints and denunciations or in case
of necessity;
4. To act as the key
body in charge of settling matters related to the professional practice by
Vietnam-based foreign lawyer's profession-practicing organizations and foreign
lawyers in Vietnam;
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Article
48.- Tasks and powers of the ministries,
ministerial-level agencies and agencies attached to the Government
The ministries, ministerial-level
agencies and agencies attached to the Government shall, within the ambit of
their respective tasks and powers, coordinate with the Justice Ministry in
managing the professional practice by foreign lawyers' organizations and
foreign lawyers in Vietnam.
Article
49.- Tasks
and powers of the People's Committees of the provinces and centrally-run cities
1. The People's
Committees of the provinces and centrally-run cities shall, within the ambit of
their tasks and powers, perform the management of the professional practice by
foreign lawyers' organizations and foreign lawyers in their respective
localities, and handle violations according to the provisions of this Decree.
2. The
provincial/municipal Justice Services of the localities where the offices of
Vietnam-based foreign lawyer's profession-practicing organizations are located
shall assist the People's Committees of the provinces and centrally-run cities
in performing the management of the professional practice by foreign lawyers'
organizations and foreign lawyers in their respective localities, having the
following tasks and powers:
a/ To effect the
registration of operation or change in the contents of licenses for
establishment of Vietnam-based foreign lawyer's profession-practicing
organizations; to effect the registration of operation of branches of foreign
law firms or foreign-Vietnam law partnerships;
b/ To supply
information on the operation registration of Vietnam-based foreign lawyer's profession-practicing
organizations, branches of foreign law firms and branches of foreign-Vietnam
law partnerships to the State agencies, organizations and individuals that have
the requests therefor according to the provisions of law;
c/ To monitor the hiring
of foreign lawyers, Vietnamese lawyers, foreign laborers and Vietnamese
laborers, the professional practice cooperation, the admission of Vietnamese
probationary lawyers by Vietnam-based foreign lawyer's profession-practicing
organizations; the hiring and professional practice of foreign lawyers at
Vietnamese lawyers offices or Vietnamese law partnerships.
d/ To perform other
activities of management over the professional practice of Vietnam-based
foreign lawyer practice organization and foreign lawyers in Vietnam under the
direction or guidance of the Justice Ministry and the People's Committees of
the provinces and centrally-run cities where the offices of the Vietnam-based
foreign lawyer's profession-practicing organizations are located.
...
...
...
f/ To biannually and
annually report to the Justice Ministry and the People's Committees of the
provinces and centrally-run cities on the organization and operation of
Vietnam-based foreign lawyer's profession-practicing organizations within their
respective assigned competence and management scope.
COMMENDATION,
HANDLING OF VIOLATIONS AND SETTLEMENT OF COMPLAINTS AND DENUNCIATIONS
Individuals and
organizations that record achievements in the domain of professional practices
by foreign lawyers organizations and foreign lawyers in Vietnam shall be
commended and/or rewarded according to the provisions of law.
Article
51.- Handling
of violations committed by organizations and individuals illegally practicing
the lawyer's profession
Foreign organizations
and individuals that practice the lawyer's profession in Vietnam in any form
without being granted licenses by the Justice Ministry according to the
provisions of this Decree shall be compelled to stop their professional
practice, fined at the maximum level of VND 20,000,000 and have their profits
from professional practice confiscated.
Article
52.- Handling of violations committed by
Vietnam-based foreign lawyer's profession-practicing organizations
Vietnam-based foreign
lawyer's profession-practicing organizations which violate the provisions of
this Decree shall, depending on the nature and seriousness of their violations,
be sanctioned for administrative violations in the following forms:
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...
...
a/ Failing to buy
professional liability insurance for their lawyers practicing their profession
in Vietnam;
b/ Failing to report
or falsely reporting on their organization and operation as prescribed;
c/ Failing to
register, publish on newspapers or notify the matters prescribed in Articles 21
and 22 of this Decree;
d/ Erasing, crossing out
or modifying their establishment licenses;
e/ Leasing or lending
their establishment licenses;
f/ Having no offices
and/or signboards, or using signboards in contravention of law.
2. A fine of between
over VND 5,000,000 and 10,000,000 for one of the following acts:
a/ Relocating their
offices from one province or centrally-run city to another when not yet so
approved;
b/ Changing their
names when not yet so approved;
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...
...
d/ Causing
difficulties or obstacles to the inspection and examination by the competent
State agencies;
e/ Temporarily
suspending or terminating their operation without complying with the procedures
for temporary suspension or termination of operation according to the
provisions of this Decree;
3. A fine of between
over VND 10,000,000 and 20,000,000 for one of the following acts:
a/ Practicing their
profession after being suspended from operation for a definite time;
b/ Practicing their
profession outside the domains inscribed in their licenses.
4. In cases where
Vietnam-based foreign lawyer's profession-practicing organizations commit acts
of violation prescribed in Clauses 1 and 2 of this Article which involve
aggravating circumstances, they shall be fined at the highest level of the fine
bracket, and may be suspended from operation for a definite time.
5. In cases where
Vietnam-based foreign lawyer's profession-practicing organizations commit acts
of violation prescribed in Clause 3 of this Article which involve aggravating
circumstances, they shall be subject to a fine of VND 20,000,000 and may also
have their establishment licenses withdrawn.
Article
53.- Handling of violations committed by
foreign lawyers
1. Foreign lawyers who
commit one of the following acts of violation shall, depending on the nature
and seriousness of their violations, be sanctioned for administrative
violations in form of caution or fine of between VND 1,000,000 and 10,000,000:
...
...
...
b/ Letting other
persons use their licenses for professional practice in Vietnam;
c/ Violating other
provisions of this Decree.
2. In cases where
foreign lawyers commit acts of violation prescribed in Clause 1 of this Article
which involve aggravating circumstances, they shall be subject to a fine of
between over VND 10,000,000 and 20,000,000 and may be also suspended from
professional practice for a definite time or have their licenses for
professional practice in Vietnam withdrawn.
Article
54.- Violation-handling competence of
the presidents of the People's Committees of the provinces and centrally-run
cities
The presidents of the
People's Committees of the provinces and centrally-run cities where the offices
of Vietnam-based foreign lawyer's profession-practicing organizations are
located have the right:
1. To impose caution;
2. To impose fines of
up to VND 20,000,000 for acts of violation committed by organizations and
individuals prescribed in this Decree;
3. To propose the
Justice Ministry to suspend operation for a definite time or withdraw
establishment licenses of Vietnam-based foreign lawyer's profession-practicing
organizations or licenses for professional practice in Vietnam of foreign
lawyers according to their competence.
Article
55.- Complaints and denunciations
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...
...
The settlement of
complaints shall comply with the provisions of the legislation on complaints.
2. If disagreeing with
decisions on settling complaints according to administrative procedures, the
complainants may initiate administrative lawsuits at court according to the
provisions of law.
3. Individuals may
denounce with competent State agencies acts of violating the provisions of this
Decree.
The settlement of
denunciations shall comply with the provisions of the legislation on
denunciations.
Article
56.- Transitional provisions
1. Branches of foreign
lawyers organizations in Vietnam already granted licenses under the
Government's Decree No. 92/1998/ND-CP of November 10, 1998 on the legal
consultancy practice by foreign lawyers' organizations in Vietnam shall be
allowed to continue their professional practice until the date of expiry of
their licenses. After their licenses are no longer effective, if wishing to
practice their profession in form of branches, they shall have to carry out the
procedures to apply for renewal of licenses under the Justice Ministry's
guidance.
2. Foreign lawyers'
organizations already granted by the Justice Ministry permits for setting up
their branches in Vietnam under the Government's Decree No. 92/1998/ND-CP of
November 10, 1998 on the legal consultancy practice by foreign lawyers'
organizations in Vietnam may carry out the procedures for transforming branches
into foreign law firms under the Justice Ministry's guidance.
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Article
57.- This
Decree takes effect 30 days after its publication in the Official Gazette.
This Decree replaces
the Government's Decree No. 92/1998/ND-CP of November 10, 1998 on the legal
consultancy practice by foreign lawyers' organizations in Vietnam.
Article
58.- Responsibility
to implement the Decree
The ministers, the
heads of the ministerial-level agencies, the heads of the agencies attached to
the Government and the presidents of the People's Committees of the provinces
and centrally-run cities shall have to implement this Decree.
The Justice Minister
shall have to guide the implementation of this Decree.
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai
| Số hiệu | 87/2003/ND-CP |
| Loại văn bản | Nghị định |
| Cơ quan | Chính phủ |
| Ngày ban hành | 22/07/2003 |
| Người ký | Phan Văn Khải |
| Ngày hiệu lực | |
| Tình trạng |
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Bạn chưa có tài khoản? Hãy Đăng ký
| Số hiệu | 87/2003/ND-CP |
| Loại văn bản | Nghị định |
| Cơ quan | Chính phủ |
| Ngày ban hành | 22/07/2003 |
| Người ký | Phan Văn Khải |
| Ngày hiệu lực | |
| Tình trạng |