Law Amending and Supplementing Certain Provisions of the Lawyer Law No. 20/2012/QH13

LAW

Amending and supplementing certain articles of the Lawyer Law

BASED ON THE CONSTITUTION OF THE SOCIALIST REPUBLIC OF VIETNAM IN 1992 AS AMENDED AND COMPLEMENTED BY RESOLUTION NO. 51/2001/QH10;

The National Assembly promulgates the Law Amending and Supplementing Certain Articles of the Lawyer Law number 65/2006/QH11.

Article 1.

Amending and supplementing certain articles of the Lawyer Law:

1. Clause 3 shall be amended and supplemented as follows:

Article 3. Social function of lawyers

Professional activities of lawyers contribute to protecting justice, citizens' freedoms and democratic rights, lawful rights and interests of individuals, agencies, organizations, economic and social development, building a socialist rule-of-law state, a democratic, equitable, and civilized society.

2. Article 6 is amended and supplemented as follows:

Article 6. Principles for managing lawyers and practicing law

1. Management of lawyers and practice of law shall be carried out according to the principle of combining state management with self-management systems of lawyer social-professional organizations and law practice organizations.

2. Social-professional organizations of lawyers and law practice organizations shall manage their own lawyers and practice of law according to this Law, the Statutes of the Vietnam Bar Federation, and the Code of Ethics and Professional Conduct of Vietnamese Lawyers.

The State shall uniformly manage lawyers and practice of law according to this Law."

4. Meeting one of the following criteria:

Article 9. Prohibited acts

1. Strictly prohibited are the following acts of lawyers:

a) Providing legal services to clients whose interests are opposed to each other in the same criminal case, civil case, administrative case, civil matter, or other matters as prescribed by law (hereinafter referred to collectively as cases or matters);

b) Intentionally providing or guiding clients to provide false or misleading evidence; inciting persons under temporary detention, suspects, defendants, parties to give false statements or to make complaints or accusations contrary to the law;

c) Disclosing information about cases or matters, or about clients obtained during practice, except where the client has given written consent or otherwise provided for by law;

d) Harassing or deceiving clients;

đ) Receiving or demanding additional money or benefits from clients beyond the agreed fee and expenses in the legal service contract;

e) Connecting or associating with judicial officers, parties to proceedings, or other officials and staff to violate the law in handling cases or matters;

g) Using the profession of lawyer or the title of lawyer to adversely affect national security, public order, safety, or infringe upon the interests of the State, public interest, or lawful rights and interests of agencies, organizations, or individuals;

h) Receiving or demanding any money or benefits when providing legal aid to clients entitled to legal aid under the law; refusing cases or matters they have undertaken at the request of legal aid organizations or judicial organs, except in cases of force majeure or as otherwise provided by law;

i) Using words or actions to insult individuals, agencies, or organizations during participation in proceedings;

k) Acting on their own or helping clients to commit illegal acts to delay, prolong the time, or create difficulties and obstacles to the activities of judicial organs and other state organs.

2. Strictly prohibited are acts of agencies, organizations, or individuals that obstruct the practice of lawyers."

4. Article 12 is amended and supplemented as follows:

Article 12. Training for the profession of lawyer

1. Persons holding a Bachelor's degree in law may participate in the training program for the profession of lawyer at a lawyer training institution.

2. The duration of training for the profession of lawyer is twelve months.

Persons who complete the training program for the profession of lawyer shall be issued a Certificate of Completion of Lawyer Profession Training by the lawyer training institution.

3. The Government shall stipulate regulations on lawyer training institutions.

4. The Minister of Justice shall prescribe the framework curriculum for lawyer profession training and recognition of lawyer profession training abroad."

5. Article 14 shall be amended and supplemented as follows:

Article 14. Internship for practicing law

1. Persons holding a Certificate of Completion of Lawyer Profession Training and those specified in Clause 2 of Article 16 of this Law may intern at law practice organizations.

The duration of internship for practicing law is twelve months, except in cases provided for in Clause 2 and Clause 3 of Article 16 of this Law. The duration of internship for practicing law is calculated from the date of registration for internship with the Bar Association.

Law practice organizations shall assign lawyers to guide interns. The guiding lawyer must have at least three years of experience in practicing law and not be in a period of disciplinary action as provided for in Clause 1 of Article 85 of this Law. At the same time, one lawyer cannot guide more than three interns.

2. Interns for practicing law shall register for internship with the Bar Association in the locality where the law practice organization they are interning with is located and shall be issued a Certificate of Intern for Practicing Law by the Bar Association.

The Bar Association shall be responsible for supervising the internship for practicing law.

3. Interns for practicing law may assist guiding lawyers in professional activities but shall not represent or defend clients in court proceedings, nor sign legal advice documents.

Interns for practicing law may accompany guiding lawyers to meet with persons under temporary detention, suspects, defendants, victims, civil plaintiffs, civil defendants, and other interested parties in criminal cases, civil plaintiffs, civil defendants, and other parties in civil matters, administrative cases, with the consent of such persons; assist guiding lawyers in studying case files, collecting evidence, objects, and relevant circumstances, and other professional activities; provide legal advice, represent outside litigation, and perform other legal services as assigned by guiding lawyers with the consent of clients.

Guiding lawyers shall supervise and be responsible for the activities of interns for practicing law as stipulated herein.

4. The Minister of Justice shall specify the details of internship for practicing law.

6. Article 15 is amended and supplemented as follows:

Article 15. Inspection of internship results for practicing law

1. The persons attending the examination of the results of the probationary period for practicing as a lawyer are those who have completed the probationary period in accordance with Clause 1, Article 14 of this Law. The Board of Directors of the Bar Association shall examine and prepare a list of persons eligible to attend the examination of the results of the probationary period for practicing as a lawyer and submit it to the Vietnam Bar Federation.

Persons exempted from the probationary period for practicing as a lawyer in accordance with Clause 1, Article 16 of this Law shall not be required to attend the examination of the results of the probationary period for practicing as a lawyer.

2. The Vietnam Bar Federation shall organize the examination of the results of the probationary period for practicing as a lawyer.

The examination of the results of the probationary period for practicing as a lawyer shall be conducted by the Examination Council; the composition of the Council includes the President or a Vice President of the Vietnam Bar Federation as Chairperson, representatives of the Boards of Directors of some Bar Associations, and some lawyers as members. The list of Council members shall be decided by the President of the Vietnam Bar Federation.

Those who meet the requirements of the examination of the results of the probationary period for practicing as a lawyer shall be issued a Certificate of Examination Results of the Probationary Period for Practicing as a Lawyer by the Examination Council.

3. The Ministry of Justice shall be responsible for guiding and supervising the organization of the examination of the results of the probationary period for practicing as a lawyer.

7. Article 16 is amended and supplemented as follows:

"Article 16. Persons Exempted or Reduced in Time for the Probationary Period for Practicing as a Lawyer

1. Persons who were previously judges, prosecutors, senior investigators, mid-level investigators, professors, associate professors specializing in law, doctoral graduates in law, senior court assessors, senior procuratorial inspectors, senior specialists, senior researchers, and senior lecturers in the field of law shall be exempted from the probationary period for practicing as a lawyer.

2. Persons who were previously junior investigators, chief court assessors, chief procuratorial inspectors, chief specialists, chief researchers, and chief lecturers in the field of law shall have their probationary period for practicing as a lawyer reduced by two-thirds.

3. Persons who have worked in the positions of specialist, researcher, lecturer in the field of law, court assessors, procuratorial inspectors for ten years or more shall have their probationary period for practicing as a lawyer reduced by half."

8. Article 17 is amended and supplemented as follows:

"Article 17. Issuance of the Certificate of Practice as a Lawyer

1. Persons who meet the requirements of the examination of the results of the probationary period for practicing as a lawyer shall submit an application for issuance of the Certificate of Practice as a Lawyer to the Board of Directors of the Bar Association.

1. A registration form for issuing a journalist card filled out by the applicant according to the model; approved and stamped by the head of the applying agency (Model No. 1);

a) An application form for issuance of the Certificate of Practice as a Lawyer according to the model issued by the Ministry of Justice;

b) A criminal record certificate;

c) A health certificate;

d) A copy of the Bachelor's Degree in Law or a copy of the Master's Degree in Law;

đ) A copy of the Certificate of Examination Results of the Probationary Period for Practicing as a Lawyer.

Within seven working days from the date of receipt of complete and valid applications, the Board of Directors of the Bar Association shall transfer the application to the Department of Justice along with a confirmation that the applicant meets the criteria for a lawyer as stipulated in this Law.

2. Persons exempted from the probationary period for practicing as a lawyer shall submit an application for issuance of the Certificate of Practice as a Lawyer to the Department of Justice where they reside.

1. A registration form for issuing a journalist card filled out by the applicant according to the model; approved and stamped by the head of the applying agency (Model No. 1);

a) The documents specified in points a, b, and c of Clause 1 of this Article;

b) The documents specified in point d of Clause 1 of this Article, except for those who are professors, associate professors specializing in law, and doctoral graduates in law;

c) A copy of the document proving that the person is exempted from the probationary period for practicing as a lawyer as stipulated in Clause 1, Article 16 of this Law.

3. Within seven working days from the date of receipt of complete and valid applications, the Department of Justice shall be responsible for examining the application, and if necessary, shall conduct verification of the legality of the application and issue a document requesting the issuance of the Certificate of Practice as a Lawyer to the Ministry of Justice along with the application.

Within twenty days from the date of receipt of complete and valid applications, the Minister of Justice shall decide on the issuance of the Certificate of Practice as a Lawyer; in case of refusal, a written notification must be issued stating the reasons to the applicant and the Department of Justice where the application was submitted.

Persons refused the issuance of the Certificate of Practice as a Lawyer have the right to appeal or sue in accordance with the provisions of the law.

4. Persons falling under any of the following circumstances shall not be issued the Certificate of Practice as a Lawyer:

a) Not meeting the criteria for a lawyer as stipulated in Article 10 of this Law;

b) Currently serving as civil servants, public officials, military officers, professional soldiers, defense workers in agencies or units under the People's Army; military officers, non-commissioned officers, workers in agencies or units under the Public Security Force;

c) Not residing in Vietnam;

d) Being prosecuted for criminal responsibility; having been convicted but not yet rehabilitated for negligent crimes or minor intentional crimes; having been convicted for serious intentional crimes, very serious intentional crimes, or extremely serious intentional crimes, including cases where rehabilitation has already taken place;

đ) Currently subject to administrative measures of compulsory drug rehabilitation or compulsory education;

e) Losing civil capacity or being restricted in civil capacity;

g) Persons specified in point b of this clause who have been dismissed and have not yet completed three years since the effective date of the dismissal decision."

9. Article 18 is amended and supplemented as follows:

"Article 18. Revocation of the Certificate of Practice as a Lawyer

1. Persons who have been issued the Certificate of Practice as a Lawyer and fall under any of the following circumstances shall have their Certificate of Practice as a Lawyer revoked:

a) No longer meeting the criteria for a lawyer as stipulated in Article 10 of this Law;

b) Having been recruited or appointed as civil servants, public officials, military officers, professional soldiers, defense workers in agencies or units under the People's Army; military officers, non-commissioned officers, workers in agencies or units under the Public Security Force;

c) No longer residing in Vietnam;

d) Not joining any Bar Association within two years from the date of issuance of the Certificate of Practice as a Lawyer;

đ) Not establishing, participating in establishing, or working under a labor contract for a legal practice organization or registering to practice individually as a lawyer within three years from the date of joining the Bar Association;

e) Ceasing to practice as a lawyer voluntarily;

g) Being disciplined by having their name removed from the list of lawyers of the Bar Association.

h) Being administratively punished with the form of temporarily revoking the Lawyer Practice Certificate; being subject to administrative measures of compulsory drug rehabilitation or compulsory educational facility;

i) Having been convicted and the judgment has become final and binding;

k) Losing civil capacity or having civil capacity restricted;

2. The Minister of Justice shall have the authority to revoke the Lawyer Practice Certificate and stipulate the procedures for revoking the Lawyer Practice Certificate. In case the Minister of Justice decides to revoke the Lawyer Practice Certificate, he shall notify the Vietnam Bar Federation to revoke the Lawyer Card.”

10. Article 19 is amended and supplemented as follows:

“Article 19. Reissuing the Lawyer Practice Certificate

1. A person whose Lawyer Practice Certificate has been revoked pursuant to points a, b, c, e, and k of Clause 1, Article 18 of this Law may be considered for reissuing the Lawyer Practice Certificate when meeting all the lawyer standards prescribed in this Law and the reason for revocation no longer exists.

2. A person whose Lawyer Practice Certificate has been revoked pursuant to point đ and đ of Clause 1, Article 18 of this Law may be considered for reissuing the Lawyer Practice Certificate upon request for reissuing the Lawyer Practice Certificate.

3. A person whose Lawyer Practice Certificate has been revoked pursuant to points g, h, and i of Clause 1, Article 18 of this Law may be considered for reissuing the Lawyer Practice Certificate when meeting the criteria set forth in Article 10 of this Law and satisfying one of the following conditions:

a) After three years from the date of the decision to revoke the Lawyer Practice Certificate due to disciplinary action by removing the name from the list of lawyers of the Bar Association;

b) The period of revoking the right to use the Lawyer Practice Certificate has expired or the administrative measure of compulsory drug rehabilitation or compulsory educational facility has been fully served;

c) Has had the criminal record expunged except in cases provided for in Clause 4 of this Article.

4. A person whose Lawyer Practice Certificate has been revoked due to being convicted of serious offenses committed intentionally, very serious offenses committed intentionally, or extremely serious offenses committed intentionally shall not be reissued the Lawyer Practice Certificate.

5. The procedure for reissuing the Lawyer Practice Certificate shall be carried out in accordance with the provisions of Article 17 of this Law.

11. Article 20 shall be amended and supplemented as follows:

“Article 20. Joining the Bar Association

1. A person holding a Lawyer Practice Certificate has the right to choose to join a Bar Association to practice law.

A person who has joined a Bar Association must work under a labor contract for a legal practice organization, practice individually under a labor contract for an agency or organization, or establish or participate in establishing a legal practice organization according to the provisions of this Law at the locality where the Bar Association has its headquarters.

2. A person holding a Lawyer Practice Certificate shall submit an application to join the Bar Association to the Board of Directors of the Bar Association. The application to join the Bar Association includes:

a) An application to join the Bar Association in the format issued by the Vietnam Bar Federation;

b) A criminal record check for cases where the application to join the Bar Association is submitted more than six months after obtaining the Lawyer Practice Certificate;

c) A copy of the Lawyer Practice Certificate.

3. Within seven working days from the date of receiving the complete application to join the Bar Association, the Board of Directors of the Bar Association shall examine and issue a decision on joining the Bar Association; if the applicant falls within one of the cases stipulated in Clause 4, Article 17 of this Law, the Board of Directors of the Bar Association shall refuse the application and inform the reason in writing. The person refused has the right to appeal in accordance with the provisions of Article 87 of this Law.

4. Within seven working days from the date of issuing the decision to join the Bar Association, the Board of Directors of the Bar Association shall be responsible for sending a letter requesting the Vietnam Bar Federation to issue a Lawyer Card for the person joining the Bar Association. The time limit for issuing the Lawyer Card shall not exceed twenty days from the date of receipt of the request letter from the Bar Association.

The Lawyer Card is valid indefinitely and can be renewed when the lawyer transfers to another Bar Association or when it is lost or damaged.

5. Within three years from the date of issuance of the Lawyer Card, if the lawyer does not work under a labor contract for a legal practice organization, practice individually under a labor contract for an agency or organization, or establish or participate in establishing a legal practice organization at the locality where the Bar Association has its headquarters, or if the lawyer does not practice law continuously for five years after obtaining the Lawyer Card, the Board of Directors of the Bar Association shall remove the lawyer's name from the list of lawyers and request the Vietnam Bar Federation to revoke the Lawyer Card.

6. A lawyer transferring to another Bar Association must send a request to the Board of Directors of the Bar Association where they are currently a member to remove their name from the list of lawyers of that Bar Association.

Within five working days from the date of receipt of the request, the Board of Directors of the Bar Association shall issue a decision to remove the name of the lawyer withdrawing from the list of lawyers of the Bar Association, and simultaneously send an introduction letter of the Bar Association along with the lawyer's file to the Bar Association where the lawyer intends to join.

The procedures for joining the Bar Association and renewing the Lawyer Card shall be carried out in accordance with the provisions of Clauses 3 and 4 of this Article. During the waiting period for renewing the Lawyer Card, the lawyer continues to use the current Lawyer Card to practice and must return it immediately upon renewal of the Lawyer Card.”

12. Article 21 is amended and supplemented as follows:

“Article 21. Rights and Obligations of Lawyers

1. Lawyers have the following rights:

a) Legal protection of the right to practice law as prescribed in this Law and related laws;

b) Representing clients in accordance with the law;

c) Practicing law, choosing forms of practicing law and organizational forms of legal practice as prescribed in this Law;

d) Practicing law throughout the territory of Vietnam;

đ) Practicing law abroad;

e) Other rights as prescribed in this Law.

2. Lawyers have the following obligations:

a) Adhering to the principles of legal practice as prescribed in Article 5 of this Law;

b) Strictly complying with internal regulations and relevant provisions in relations with judicial authorities; maintaining cooperative attitudes and respecting judicial officers when practicing;

c) Fully participating in litigation proceedings in a timely manner as required by judicial authorities;

d) Perform legal aid;

đ) Participate in mandatory professional training;

e) Other obligations as prescribed by this Law.”

13. Article 23 is amended and supplemented as follows:

“Article 23. Forms of Legal Practice of Lawyers

A lawyer may choose one of the following two forms of practice:

1. Practicing within a legal practice organization through establishing or participating in the establishment of such an organization; working under a labor contract with a legal practice organization;

2. Practicing individually as provided for in Article 49 of this Law.”

14. Article 27 is amended and supplemented as follows:

“Article 27. Participation in Litigation Proceedings by Lawyers

1. The participation of lawyers in litigation proceedings must comply with the provisions of laws on litigation procedures and this Law.

2. When participating in civil cases, administrative cases, or criminal cases as a representative of the legitimate rights and interests of the parties, victims, plaintiffs, defendants, or persons with related rights and obligations, lawyers shall present their Lawyer Card and a client's request for legal services. Within three working days from the date of presentation of the Lawyer Card and the client's request for legal services, the judicial authority shall issue a certificate of participation in litigation proceedings to the lawyer, and if refused, shall notify in writing and specify the reasons.

In the case where a probationary lawyer accompanies a guiding lawyer in civil cases or administrative cases as stipulated in Clause 3, Article 14 of this Law, when contacting individuals, agencies, or organizations, the guiding lawyer shall present the Probationary Lawyer Certificate and a document confirming the client's consent.

3. When participating in criminal proceedings as a defense counsel, lawyers shall be issued a Defense Counsel Certificate by the judicial authority, which is valid throughout the stages of the proceedings, except in cases where the detainee, suspect, defendant refuses or requests a change of lawyer or the lawyer is not allowed to participate in the proceedings according to the law.

When requesting a Defense Counsel Certificate, lawyers shall submit the following documents:

a) Lawyer Card;

b) Request for legal services from the detainee, suspect, defendant, or another person, or a dispatch document from the legal practice organization where the lawyer works, or an assignment document from the Bar Association for individual practicing lawyers in cases of participation in criminal proceedings at the request of the judicial authority or in cases of providing legal aid.

In the case where a probationary lawyer accompanies a guiding lawyer in criminal cases as stipulated in Clause 3, Article 14 of this Law, when requesting a Defense Counsel Certificate, the guiding lawyer shall attach the Probationary Lawyer Certificate and a document confirming the client's consent to the judicial authority to request permission for the probationary lawyer to accompany the guiding lawyer.

Within three working days or twenty-four hours in the case of detention, the judicial authority shall issue a Defense Counsel Certificate to the lawyer, allowing the probationary lawyer to participate in the case (if applicable); in the case of refusal, it must notify in writing and specify the reasons. The person refused has the right to appeal according to the relevant litigation law.

When contacting individuals, agencies, or organizations to exercise rights, fulfill obligations, and carry out activities related to defense in criminal cases, lawyers shall present their Lawyer Card and the Defense Counsel Certificate of the lawyer.

4. A lawyer will only be refused a Defense Counsel Certificate in one of the following cases:

a) The detainee, suspect, defendant, or their legal representative is a minor, mentally or physically disabled person who refuses the lawyer;

b) The lawyer is a close relative of a person who has or is conducting proceedings in that case;

c) The lawyer has participated in that case as a witness, expert, or interpreter;

d) The lawyer has conducted proceedings in that case.

5. Judicial authorities, other state agencies, and organizations and individuals have the responsibility to create favorable conditions for lawyers to exercise their rights and fulfill their obligations when practicing, and shall not obstruct the lawyer's professional activities.”

15. Article 32 is amended and supplemented as follows:

“Article 32. Forms of Legal Practice Organizations and Conditions for Establishing Legal Practice Organizations

1. Legal practice organizations include:

a) Law firms;

b) Law companies.

2. Legal practice organizations operate according to the provisions of this Law and other relevant laws.

3. Conditions for establishing a legal practice organization:

a) Lawyers establishing or participating in the establishment of a legal practice organization must have at least two consecutive years of continuous practice working under a labor contract with a legal practice organization or individually under a labor contract with an agency or organization as provided for in this Law;

b) A legal practice organization must have a place of business.

4. One lawyer may only establish or participate in the establishment of one legal practice organization. In the case where lawyers from different Bar Associations jointly establish a law company, they may choose to establish and register operations in the locality where one of the lawyers is a member of a Bar Association.

5. Within thirty days from the date of issuance of the business registration certificate, lawyers establishing or participating in the establishment of a legal practice organization that are not members of the Bar Association in the locality where the legal practice organization is located must transfer to join the Bar Association in the locality where the legal practice organization or branch is located as provided for in Article 20 of this Law.”

16. Article 39 is amended and supplemented as follows:

“Article 39. Rights of Legal Practice Organizations

1. Provide legal services.

2. To receive remuneration from clients.

3. Hire Vietnamese lawyers, foreign lawyers, and staff to work for legal practice organizations.

4. Participate in the development of state policies and laws; participate in providing advice and resolving cases involving individuals, agencies, and organizations upon request.

5. Cooperate with foreign law firms.

6. Establish branches and transaction offices within the country.

7. Set up practice bases abroad.

8. Other rights as prescribed by this Law and other relevant laws.

17. Article 40 is amended and supplemented as follows:

“Article 40. Obligations of law firms

1. Operate within the scope of practice recorded in the Business Registration Certificate.

2. Fulfill the contents agreed upon with clients.

3. Assign lawyers from their own firm to participate in litigation proceedings as assigned by the Bar Association.

4. Create conditions for lawyers from their own firm to provide legal aid and participate in training and capacity-building activities for lawyers.

5. Compensate for damages caused by lawyers from their own firm to clients due to fault.

6. Purchase professional liability insurance for lawyers from their own firm in accordance with the provisions of the Insurance Business Law.

7. Comply with the provisions of this Law and labor, tax, finance, and statistics laws.

8. Comply with requests from competent state authorities regarding reporting, inspection, and audit.

9. Accept trainees and assign qualified lawyers to guide them, creating favorable conditions for trainees to undergo training and supervising the training process of trainee lawyers.

10. Ensure management and guarantee that lawyers from their own firm comply with the law, follow the Statutes of the Vietnam Bar Federation, and the Code of Ethics and Professional Conduct of Vietnamese Lawyers.

11. Report on the organization and activities of their own firm in accordance with the provisions of the law.

12. Other obligations as prescribed by relevant laws.

18. Article 45 is amended and supplemented as follows:

“Article 45. Merger, consolidation, and conversion of forms of law firm operations

1. Two or more law firms of the same type may merge into a new law firm by transferring all assets, rights, obligations, and lawful interests to the merged law firm, while ceasing the existence of the merged law firms.

2. One or more law firms may consolidate into another law firm of the same type by transferring all assets, rights, obligations, and lawful interests to the consolidating law firm, while ceasing the existence of the consolidated law firms.

3. A lawyer's office may convert into a law firm based on the succession of all rights and obligations of the lawyer's office in accordance with the law.

A limited liability law firm with one member may convert into a limited liability law firm with two or more members, and vice versa; a limited liability law firm may convert into a partnership law firm, and vice versa. The converted law firm succeeds all rights and obligations of the converted law firm.

4. The Government shall prescribe the procedures for merger, consolidation, and conversion of forms of law firm operations.

19. Article 49 is amended and supplemented as follows:

“Article 49. Lawyers practicing individually

1. A lawyer practicing individually is a lawyer working under a labor contract for an agency or organization that is not a law firm.

2. If the labor contract provides for it, a lawyer practicing individually must purchase professional liability insurance for their practice activities in accordance with the provisions of the Insurance Business Law.

3. A lawyer practicing individually may not provide legal services to other individuals, agencies, or organizations outside the agency or organization they have signed a labor contract with, except when required by a state agency or participating in criminal proceedings at the request of the prosecution agency and performing legal aid assignments as assigned by the Bar Association of which the lawyer is a member.

20. Article 50 is amended and supplemented as follows:

“Article 50. Registration of individual lawyer practice

1. An individual lawyer registers their practice at the Department of Justice in the locality where the Bar Association of which the lawyer is a member is located.

An individual lawyer must submit a Registration Application Form for Lawyer Practice issued by the Ministry of Justice, along with the dossier to the Department of Justice.

1. A registration form for issuing a journalist card filled out by the applicant according to the model; approved and stamped by the head of the applying agency (Model No. 1);

a) A copy of the Lawyer Practice Certificate, a copy of the Lawyer Card;

b) A copy of the Labor Contract signed with the agency or organization.

2. Within seven working days from the date of receiving the complete dossier, the Department of Justice issues the Lawyer Practice Registration Certificate; if rejected, a written notification must be provided with the reasons stated. The person rejected has the right to appeal or sue in accordance with the law.

3. An individual lawyer may practice from the date of issuance of the Lawyer Practice Registration Certificate. Within seven working days from the date of issuance of the Lawyer Practice Registration Certificate, the individual lawyer must submit a written notice accompanied by a copy of the Lawyer Practice Registration Certificate to the Bar Association of which they are a member.

4. In case a lawyer transfers to another Bar Association, they must notify the Department of Justice where they registered their practice, return the previously issued Lawyer Practice Registration Certificate, and complete the registration procedure with the Department of Justice in the locality where the new Bar Association is located. The registration procedure is carried out in accordance with the provisions of Clauses 1, 2, and 3 of this Article.

In case a lawyer terminates their practice, the Department of Justice will revoke the Lawyer Practice Registration Certificate.

21. Article 60 is amended and supplemented as follows:

“Article 60. Bar Associations

1. Bar Associations are professional social organizations of lawyers in provinces and centrally-administered cities, organized and operating in accordance with this Law and the Statutes of the Vietnam Bar Federation. Bar Associations have legal personality, their own seals and bank accounts, and operate on the principle of self-sufficiency through membership fees, contributions from members, and other lawful sources of income.

2. A Bar Association may be established in each province or centrally-administered city where there are three or more persons holding a Lawyer Practice Certificate or higher. The provincial or municipal People's Committee permits the establishment of a Bar Association after obtaining the agreement of the Minister of Justice.

3. The Bar Association shall not issue resolutions, decisions, internal regulations, fee provisions, revenue items, and other provisions that contravene the laws and the Charter of the Vietnam Bar Federation.

4. Members of the Bar Association are lawyers.

The rights and obligations of members of the Bar Association are stipulated in the Charter of the Vietnam Bar Federation.

22. Article 61 is amended and supplemented as follows:

“Article 61. Tasks and powers of the Bar Association

1. Representing and protecting the legitimate rights and interests of lawyers in their practice.

2. Conducting annual reviews and evaluations of the quality of the lawyer workforce; supervising and coordinating with Bar Associations in other regions to monitor member lawyers, practicing lawyers within law firms and branches of law firms in the locality in compliance with the law, the Charter of the Vietnam Bar Federation, and the Code of Ethics and Professional Conduct for Lawyers in Vietnam; imposing disciplinary actions on lawyers.

3. Supervising and coordinating with Bar Associations in other regions to monitor the activities of law firms, branches, and transaction offices of law firms; requiring law firms to cease illegal activities and recommending competent state agencies to handle them.

4. Issuing certificates for persons undergoing legal practice training and supervising such persons; compiling lists of individuals eligible to participate in examinations for legal practice training results and submitting them to the Vietnam Bar Federation.

5. Receiving applications for issuance of Lawyer Practice Certificates and forwarding them to the Department of Justice; proposing the Ministry of Justice to revoke Lawyer Practice Certificates.

6. Organizing registration for joining the Bar Association, organizing the transfer and reception of lawyers; proposing the Vietnam Bar Federation to issue, replace, or revoke Lawyer Cards.

7. Implementing mandatory professional and vocational training, management and leadership skills training for law firms.

8. Supervising the purchase of professional liability insurance by lawyers.

9. Mediating disputes between persons undergoing legal practice training and lawyers with law firms; between clients and law firms and lawyers.

10. Resolving complaints and denunciations within its jurisdiction.

11. Summarizing experiences, exchanging knowledge, and implementing other measures to enhance the professional and vocational qualifications of lawyers.

12. Collecting and reflecting the thoughts, wishes, opinions, and recommendations of lawyers.

13. Establishing fees for joining the Bar Association and fees for legal practice training based on the fee framework issued by the Vietnam Bar Federation.

14. Reporting to the Vietnam Bar Federation and the People's Committee of the province or centrally-administered city regarding the organizational plan for the congress, personnel construction plans for the Steering Board, Reward and Disciplinary Council.

15. Implementing resolutions, decisions, and regulations of the Vietnam Bar Federation.

16. Organizing for lawyers to participate in legal education, dissemination, and pro bono services.

17. Reporting to the Vietnam Bar Federation on the organization and activities of the Bar Association, the results of the Congress; submitting resolutions, decisions, and internal regulations of the Bar Association to the Vietnam Bar Federation according to the Charter of the Vietnam Bar Federation or when requested.

18. Reporting to the People's Committee of the province or centrally-administered city on the organization and activities, the results of the Congress; reporting to competent state agencies when requested; submitting resolutions, decisions, and internal regulations of the Bar Association to the People's Committee of the province or centrally-administered city.

19. Other tasks and powers as stipulated in the Charter of the Vietnam Bar Federation."

23. Article 65 is amended and supplemented as follows:

“Article 65. Tasks and powers of the Vietnam Bar Federation

1. Representing and protecting the legitimate rights and interests of Bar Associations and lawyers nationwide.

2. Supervising lawyers and Bar Associations in compliance with the law and the Charter of the Vietnam Bar Federation; proposing the Ministry of Justice to revoke Lawyer Practice Certificates.

3. Issuing and supervising adherence to the Code of Ethics and Professional Conduct for Lawyers in Vietnam. The Code of Ethics and Professional Conduct for Lawyers in Vietnam must not contravene the Charter of the Vietnam Bar Federation.

4. Organizing lawyer training; developing programs and guiding Bar Associations to implement mandatory professional and vocational training; professional and vocational training, management and leadership skills training for law firms.

5. Organizing inspections and being responsible for the results of legal practice training inspections as prescribed by this Law and guidelines from the Ministry of Justice.

6. Summarizing and exchanging experiences in lawyer practice nationwide; organizing awards and recognition for reputable and highly contributing lawyers and law firms.

7. Specifying models of lawyer attire for court appearances, application forms for joining Bar Associations; models of Lawyer Cards, issuance, replacement, and revocation procedures for Lawyer Cards; guiding the implementation of annual reviews and evaluations of the quality of the lawyer workforce.

8. Specifying exemptions and reductions in remuneration, resolving disputes related to remuneration and costs of lawyers.

9. Specifying frameworks for legal practice training fees, joining Bar Association fees, and membership fees.

10. Guiding and supervising the fulfillment of pro bono legal assistance obligations by lawyers.

11. Providing comments on organizational plans for congresses, personnel construction plans for Steering Boards, Reward and Disciplinary Councils of Bar Associations; directing Bar Association congresses.

12. Suspending the enforcement and requesting amendments to resolutions, decisions, and regulations of Bar Associations that contravene the Charter of the Vietnam Bar Federation; recommending competent state agencies to suspend the enforcement and request amendments to resolutions, decisions, and regulations of Bar Associations that contravene the law.

13. Resolving complaints and denunciations within its jurisdiction.

14. Collecting and reflecting the thoughts, wishes, opinions, and recommendations of lawyers.

15. Participating in legal system development, legal research, legal education, and dissemination.

16. Implementing international cooperation activities related to lawyers.

17. Cooperate with the Ministry of Justice to prepare and report to the competent authority on the project for organizing the congress and the personnel plan for electing leadership positions of the Vietnam Bar Federation.

18. Report to the Ministry of Justice on the organization and activities of lawyers nationwide and the organization and activities of the Vietnam Bar Federation, the results of the congress of the Vietnam Bar Federation; report to state agencies with jurisdiction when requested; send the Ministry of Justice resolutions, decisions, and regulations of the Vietnam Bar Federation.

19. Other tasks and powers as stipulated in the Charter of the Vietnam Bar Federation.”

24. Article 67 is amended and supplemented as follows:

"Article 67. The Charter of the Vietnam Bar Federation

1. Based on the provisions of this Law and laws regarding associations, the National Congress of Lawyers shall adopt the Charter of the Vietnam Bar Federation. The Charter of the Vietnam Bar Federation shall be uniformly applied to the Vietnam Bar Federation and Lawyer Associations.

2. The Charter of the Vietnam Bar Federation includes the following main contents:

a) The mission, purpose, and emblem of the Vietnam Bar Federation;

b) Rights and obligations of members of the Vietnam Bar Federation;

c) Relationships between the Vietnam Bar Federation and Lawyer Associations;

d) Procedures for joining a Lawyer Association, removing names from the list of lawyers of a Lawyer Association, and transferring Lawyer Associations of lawyers;

đ) Legal aid obligations of lawyers;

e) Model attire for lawyers participating in court sessions; model Lawyer Cards, procedures for issuing, replacing, and revoking Lawyer Cards;

g) Term of office, organizational structure, election, appointment, dismissal procedures, tasks, and powers of the organs of the Vietnam Bar Federation and Lawyer Associations; coordination relationships among Lawyer Associations in managing lawyers and practicing lawyer organizations;

h) Composition, number of representatives, tasks, and powers of the National Congress of Lawyers, the General Congress, or the Congress of Lawyers of the Lawyer Association; procedures and formalities for holding the congress of the Vietnam Bar Federation and Lawyer Associations;

i) Issuance of internal rules by Lawyer Associations;

k) Financial matters of the Vietnam Bar Federation and Lawyer Associations;

I) Rewards, disciplinary actions against lawyers, and handling complaints and denunciations;

m) Obligation to report on the organization and activities of the Vietnam Bar Federation and Lawyer Associations;

n) Relations with other agencies and organizations.

3. Within seven working days from the date of approval, the National Council of Lawyers shall submit the Charter of the Vietnam Bar Federation to the Ministry of Justice for examination and approval. Within thirty days from the date of receipt of the Charter of the Vietnam Bar Federation, the Minister of Justice shall approve it after reaching consensus with the Minister of Home Affairs. The Charter of the Vietnam Bar Federation shall take effect from the date of approval.”

25. Article 68 is amended and supplemented as follows:

"Article 68. Conditions for Practicing of Foreign Lawyer Organizations

A foreign lawyer organization that has been established and is legally practicing law abroad may practice in Vietnam according to this Law if it meets the following conditions:

1. Commitment and assurance to comply with the Constitution and laws of the Socialist Republic of Vietnam;

2. Commitment and assurance to have at least two foreign lawyers, including the Branch Manager or Managing Director of the foreign law firm, present and practicing in Vietnam for at least 183 days within a continuous twelve-month period;

3. The Branch Manager or Managing Director of the foreign law firm in Vietnam must have at least two consecutive years of experience practicing law.”

26. Article 69 is amended and supplemented as follows:

"Article 69. Forms of Practice of Foreign Lawyer Organizations

1. Foreign lawyer organizations practicing in Vietnam shall operate under the following forms:

a) Branch of a foreign lawyer organization (hereinafter referred to as branch);

b) Limited liability foreign law firms, limited liability foreign law firms in the form of joint ventures, and partnerships between foreign lawyer organizations and Vietnamese partnership law firms (hereinafter collectively referred to as foreign law firms).

2. Branches and foreign law firms shall be organized and operated in accordance with this Law, business laws, investment laws, and other relevant laws.

The Government shall specify the merger, consolidation of similar foreign law firms; conversion of a foreign lawyer organization's branch into a wholly foreign-owned limited liability law firm; conversion of a foreign law firm into a Vietnamese law firm; suspension and termination of operations of foreign lawyer organizations.”

27. Article 70 is amended and supplemented as follows:

"Article 70. Scope of Practice of Foreign Law Firms

Branches and foreign law firms practicing in Vietnam may provide legal advice and other legal services, but they may not assign foreign lawyers and Vietnamese lawyers in their organization to participate in litigation as representatives, defenders, or protectors of the rights and legitimate interests of parties before Vietnamese courts or perform services related to Vietnamese legal documents and notarization. They may assign Vietnamese lawyers in their organization to provide Vietnamese legal advice.”

28. Article 72 is amended and supplemented as follows:

"Article 72. Foreign Law Firms

1. A wholly foreign-owned limited liability law firm is a lawyer organization established in Vietnam by one or more foreign lawyer organizations.

A limited liability foreign law firm in the form of a joint venture is a lawyer organization jointly established by a foreign lawyer organization and a Vietnamese lawyer organization.

A partnership foreign law firm is a partnership between a foreign lawyer organization and a Vietnamese partnership law firm.

2. The Managing Director of a foreign law firm is a foreign lawyer or a Vietnamese lawyer.”

29. Article 74 is amended and supplemented as follows:

"Article 74. Conditions for Practicing of Foreign Lawyers

A foreign lawyer who meets the following conditions shall be granted a License to Practice as a Lawyer in Vietnam:

1. Hold a valid Lawyer Practice Certificate issued by an authorized agency or organization of a foreign country;

2. Have experience in advising on foreign laws and international laws;

3. Commit to complying with the Constitution, laws of the Socialist Republic of Vietnam, and the Code of Ethics and Professional Conduct for Vietnamese Lawyers;

4. Be appointed by a foreign lawyer practice organization to practice in Vietnam or be recruited by a branch or law firm of a foreign country operating in Vietnam or a Vietnamese lawyer practice organization to work at those organizations.”

30. Article 76 is amended and supplemented as follows:

“Article 76. Scope of Practice for Foreign Lawyers

Foreign lawyers practicing in Vietnam may advise on foreign laws and international laws, provide other related legal services concerning foreign laws, and advise on Vietnamese laws if they hold a Vietnamese Bachelor of Law degree and meet all requirements similar to those for a Vietnamese lawyer; however, they shall not participate in litigation as representatives, defenders, or protectors of legitimate rights and interests of parties before Vietnamese courts.”

31. Article 82 is amended and supplemented as follows:

“Article 82. Issuance and Renewal of Lawyer Practice Permits for Foreign Lawyers in Vietnam

1. Foreign lawyers practicing in Vietnam must submit an application for issuance of a Lawyer Practice Permit in Vietnam to the Ministry of Justice. Within thirty days from the date of receiving complete and valid applications and fees, the Ministry of Justice shall issue a Lawyer Practice Permit in Vietnam for foreign lawyers; in case of refusal, a written notification with reasons must be provided.

2. The Lawyer Practice Permit in Vietnam for foreign lawyers has a validity period of five years and can be renewed, with each renewal not exceeding five years.

3. The Lawyer Practice Permit in Vietnam for foreign lawyers replaces the Work Permit under Vietnamese law for foreign citizens working in Vietnam.

4. The application dossier for issuance of a Lawyer Practice Permit in Vietnam for foreign lawyers includes:

a) An application form for issuance of a Lawyer Practice Permit in Vietnam;

b) Documents confirming that the foreign lawyer is appointed by a foreign lawyer practice organization to practice in Vietnam or documents confirming recruitment by a branch or law firm of a foreign country operating in Vietnam or a Vietnamese lawyer practice organization where the foreign lawyer intends to work;

c) A copy of the Lawyer Practice Certificate; a summary of professional history; a criminal record certificate or other substitute documents.

5. The application dossier for renewal of a Lawyer Practice Permit in Vietnam must be submitted to the Ministry of Justice at least thirty days before the expiration date stated in the Permit. The dossier includes:

a) An application for renewal of a Lawyer Practice Permit in Vietnam, confirmed by the foreign lawyer practice organization or Vietnamese lawyer practice organization regarding the recruitment of the lawyer;

b) The original Lawyer Practice Permit in Vietnam;

c) The opinion of the Department of Justice on the professional conduct of the foreign lawyer in Vietnam.

Within seven working days from the date of receiving complete and valid dossiers, the Ministry of Justice shall decide on the renewal of the Lawyer Practice Permit in Vietnam for foreign lawyers; in case of refusal to renew, a written notification with reasons must be provided.”

32. Article 83 is amended and supplemented as follows:

“Article 83. State Management Responsibilities for Lawyers and Legal Practice

1. The Government shall uniformly manage state affairs concerning lawyers and legal practice.

2. The Ministry of Justice shall be responsible before the Government for managing state affairs concerning lawyers and legal practice and shall have the following tasks and powers:

a) Develop and submit to the Government for decision the strategy for developing the lawyer profession, issue support policies for law societies in particularly difficult provinces, and other support policies for developing the lawyer profession;

b) Develop and submit to competent state agencies for promulgation or issue detailed regulations and guidelines for implementing laws on lawyers;

c) Issue permits for establishing vocational training institutions for lawyers; establish a framework curriculum for lawyer vocational training; stipulate mandatory continuing education programs for lawyers' professional knowledge and skills; coordinate with the Ministry of Finance to stipulate tuition fees for lawyer vocational training; manage and organize continuing education and vocational training for lawyers;

d) Issue and revoke Lawyer Practice Certificates;

đ) Issue, revoke, and renew Lawyer Practice Permits in Vietnam for foreign lawyers;

e) Issue and revoke permits for establishing foreign lawyer practice organizations in Vietnam;

g) Summarize and report to the Government on lawyer organizations and legal practice;

h) Inspect, audit, handle violations, resolve complaints and denunciations concerning lawyer organizations and legal practice; activities and operations of foreign lawyer practice organizations and foreign lawyers in Vietnam;

i) Implement measures to support the development of the lawyer profession;

k) Manage state affairs concerning international cooperation in the lawyer profession;

l) Suspend inspections and invalidate inspection results for probationary lawyer practice when serious violations of this Law and other relevant laws are discovered;

m) Suspend enforcement and require amendments to resolutions, decisions, and regulations of the Vietnam Bar Federation that contravene this Law;

n) Other tasks and powers as prescribed by this Law.

3. Ministries and agencies at the level of ministries within their respective functions and powers shall cooperate with the Ministry of Justice in managing state affairs concerning lawyers and legal practice.

4. Provincial People's Committees and municipal people's committees directly under the central government shall manage state affairs concerning lawyers and legal practice in their localities and shall have the following tasks and powers:

a) Approve the establishment of law societies; decide on the dissolution of law societies after obtaining a unified opinion from the Minister of Justice;

b) Approve plans for organizing congresses of law societies;

c) Organize the issuance and revocation of registration certificates for the operation of Vietnamese lawyer practice organizations and foreign lawyer practice organizations in Vietnam;

d) Inspect, audit, handle violations, resolve complaints and reports regarding the organization and activities of the Bar Association, Vietnamese legal practice organizations, foreign legal practice organizations, and foreign lawyers at the local level;

đ) Suspend the implementation and request amendments to resolutions, decisions, and regulations of the Bar Association that contravene the provisions of this Law;

e) Periodically report to the Ministry of Justice on the situation of the organization and practice of Vietnamese lawyers, the organization and activities of foreign legal practice organizations, and foreign lawyers at the local level;

g) Implement measures to support the development of the legal profession at the local level;

h) Other tasks and powers as prescribed by law.

The Department of Justice assists the People's Committee of provinces and centrally governed cities in managing the legal profession and legal practice at the local level.

33. Article 89 is amended and supplemented as follows:

“Article 89. Handling Violations Against Lawyers

1. A Vietnamese lawyer who violates the provisions of this Law, in addition to disciplinary action, may also be subject to administrative penalties or criminal prosecution depending on the nature and severity of the violation; if damage is caused, compensation must be provided according to the law.

2. A foreign lawyer practicing in Vietnam who violates the provisions of this Law shall be subject to administrative penalties or criminal prosecution depending on the nature and severity of the violation; if damage is caused, compensation must be provided according to the law.

If a foreign lawyer violates the Code of Ethics and Professional Conduct for Vietnamese Lawyers, the Ministry of Justice will notify the foreign legal practice organization that has assigned the lawyer to practice in Vietnam or the Vietnamese legal practice organization that has hired the lawyer, and depending on the nature and severity of the violation, the lawyer’s license to practice law in Vietnam may be revoked or not renewed.

34. Add Article 92a after Article 92 as follows:

“Article 92a. Transitional Provisions

1. Within one year from the date this Law takes effect, a lawyer who is a member of a Bar Association other than the Bar Association where their legal practice organization or branch was established or joined, or where they have signed a labor contract with an organization or agency, must transfer to join the Bar Association in accordance with Article 20 of this Law. A lawyer transferring Bar Associations under this provision does not need to pay the membership fee.

The Bar Associations are responsible for creating favorable conditions for lawyers to transfer Bar Associations in accordance with this Law.

2. Within two years from the date this Law takes effect, a lawyer practicing individually as stipulated in the Lawyers Law No. 65/2006/QH11 must convert to practicing through establishing or joining a legal practice organization or working under a labor contract with a legal practice organization or an agency or organization, and registering their activities in accordance with this Law. A lawyer registering their activities under this provision does not need to pay the registration fee.

3. Within two years from the date this Law takes effect, a foreign legal practice organization that has been granted permission to establish a branch or foreign law firm must meet all the conditions specified in Article 68 of this Law; if these conditions are not met, operations must cease.”

35Delete the phrase "certified copy of the Legal Practice Certificate" as stipulated in Point d Clause 3 Article 78 of the Lawyers Law No. 65/2006/QH11.

36Repeal Article 8, Article 52, and Article 63 of the Lawyers Law No. 65/2006/QH11.

37In the Lawyers Law No. 65/2006/QH11, the phrase "national legal organization" is replaced by "Vietnamese Bar Federation"; the phrase "legal practice management" is replaced by "lawyer and legal practice management"; the phrase "Code of Ethics and Professional Conduct for Lawyers" is replaced by "Code of Ethics and Professional Conduct for Vietnamese Lawyers"; the phrase "free legal aid" is replaced by "legal aid".

Article 2.

1. This Law takes effect from July 1, 2013.

2. The Government and competent authorities shall provide detailed regulations and guidance on implementing the provisions delegated in this Law.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the 13th term, fourth session, on November 20, 2012./.