Ordinance No. 37/2001/PL-UBTVQH10 on Lawyers

ORDINANCE

Lawyer

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To ensure the right to defense for suspects and defendants, protect the legitimate rights and interests of parties, and meet the increasing demand for legal advice from individuals and organizations, contributing to the protection of socialist rule of law;

To develop and strengthen a professional lawyer workforce with moral integrity and professional competence, promote the role of lawyers and bar associations in building a socialist rule-of-law state of the people, by the people, for the people, and enhance state management over bar associations and the practice of law;

Based on the Constitution of the Socialist Republic of Vietnam in 1992;

Based on the Resolution of the 10th National Assembly, 8th Session regarding the Law and Ordinance Building Program for 2001;

This Ordinance stipulates on the organization of lawyers and the practice of law,

Chapter I

GENERAL PROVISIONS

Article 1. Lawyer

1. A lawyer is a person who meets the conditions for practicing law as prescribed in this Ordinance and participates in litigation activities, provides legal consultation, and other legal services at the request of individuals and organizations to protect their legitimate rights and interests according to the law.

2. Through their activities, lawyers contribute to protecting justice, social fairness, and the socialist legal system.

Article 2. Principles of Legal Practice

1. Compliance with the law.

2. Adhere to the professional ethics code of lawyers.

3. Be honest and respect objective truth.

4. Bear responsibility under the law for their professional activities.

Article 3. Forms of Organization for Legal Practice

The forms of organization for legal practice are Law Offices and Partnership Law Firms as prescribed in this Ordinance.

Article 4. Social and Professional Organizations of Lawyers

Social and professional organizations of lawyers are established to represent and protect the legitimate rights and interests of lawyers, supervise compliance with the law and professional ethics codes of lawyers, and participate in the management of legal practice according to the provisions of this Ordinance.

Article 5. Management of Legal Practice

Management of legal practice is carried out based on the principle of combining state management of legal practice with the promotion of self-management roles of social and professional organizations of lawyers, ensuring compliance with the law and professional ethics codes of lawyers during their practice.

Article 6. Encouragement of Legal Aid Activities

The State and society encourage lawyers and legal practice organizations to participate in free legal aid activities for the poor and those entitled to preferential policies according to the law.

Chapter II

CONDITIONS FOR LEGAL PRACTICE,

RIGHTS AND OBLIGATIONS OF LAWYERS

Article 7. Conditions for Legal Practice

Those wishing to engage in legal practice must join a Bar Association and hold a Legal Practice Certificate.

Article 8. Conditions for Joining a Bar Association

1. Persons meeting the following conditions may join a Bar Association:

a) They must be Vietnamese citizens residing permanently in Vietnam;

b) Having a university degree in law;

c) Graduating from a lawyer training program in Vietnam or abroad recognized by Vietnamese law, except in cases exempted according to Article 9 of this Ordinance;

d) Having good moral character;

đ) Not being a civil servant as defined by the law on civil servants;

2. The following persons are not allowed to join a Bar Association:

Subpoint a) Currently being pursued for criminal responsibility or previously convicted without having had their criminal record expunged;

Subpoint b) Currently under administrative surveillance;

c) Losing or having restricted capacity for civil acts;

d) Being a civil servant dismissed and not yet completing three years since the dismissal decision took effect.

Article 9. Persons Exempted from Legal Practitioner Training

1. Professors and Associate Professors specializing in law; Doctor of Law.

2. Judges and prosecutors with at least five years of service.

3. Senior investigators, senior legal officers, and senior legal researchers.

Article 10. Procedures for Joining the Bar Association

1. A person wishing to join the Bar Association must submit an application to the Board of Directors of the Bar Association in their place of residence. The application must be accompanied by the following documents:

a) Curriculum vitae;

b) A copy of the Bachelor's degree in law or a copy of the Master's or Doctorate degree in law;

c) A copy of the certificate of completion of the legal practitioner training course or a document certifying that the applicant falls under the categories exempted from such training as stipulated in Article 9 of this Ordinance;

d) A criminal record clearance form;

đ) Proof of residence;

2. Within thirty days from the date of receipt of the application to join the Bar Association, the Board of Directors of the Bar Association shall examine and decide on accepting the application to join the Bar Association; in case of rejection, the reasons must be notified in writing to the applicant.

An applicant who is rejected has the right to appeal according to the provisions of Clause 2, Article 41 of this Ordinance.

Article 11. Legal Practitioner Internship

1. A person joining the Bar Association must complete a two-year legal practitioner internship period to become a lawyer, except in cases where the internship period is reduced or exempted according to the provisions of Article 12 of this Ordinance.

2. The Board of Directors of the Bar Association introduces the legal practitioner intern to a legal practice organization, which then assigns a lawyer to guide the intern and is responsible for supervising and evaluating the intern's performance.

3. Lawyers have the responsibility to guide legal practitioner interns according to the assignment of the law firm or partnership where they practice and are responsible for the professional activities of the legal practitioner interns. In the same period, a lawyer can guide a maximum of three legal practitioner interns.

Legal practitioner interns may only carry out professional activities as assigned by the guiding lawyer.

4. At the end of the internship period, the legal practitioner intern must pass an examination to assess their ability to practice as a lawyer.

5. Those who meet the requirements of the examination will be issued a Legal Practice Certificate.

6. The following persons will be removed from the list of legal practitioner interns:

a) Voluntarily requesting to leave the Bar Association;

b) Seriously violating the internship regulations, the Charter of the Bar Association, or other provisions of this Ordinance.

7. The Government shall provide detailed regulations on the internship system and the format of the final internship examination.

Article 12. Exemption and Reduction of Internship Period

A judge or prosecutor with five to less than ten years of service shall have their internship period reduced by half; those with ten years or more shall be exempted from the internship period.

A person with ten to less than fifteen years of legal work experience in positions such as legal officer, legal researcher, law lecturer, judicial examiner, investigator, notary, enforcement officer, or inspector shall have their internship period reduced by half; those with fifteen years or more shall be exempted from the internship period.

Article 13. Issuance of the Legal Practice Certificate

1. Those who meet the requirements of the final internship examination and those exempted from the legal practitioner internship period shall be proposed by the Board of Directors of the Bar Association to the Ministry of Justice for issuance of the Legal Practice Certificate.

2. The application dossier for the issuance of the Legal Practice Certificate includes:

a) Application for issuance of the Legal Practice Certificate;

b) Curriculum vitae;

c) Criminal record clearance form;

d) A copy of the Bachelor's degree in law or a copy of the Master's or Doctorate degree in law;

đ) A copy of the certificate of completion of the legal practitioner training course or a document certifying that the applicant falls under the categories exempted from such training as stipulated in Article 9 of this Ordinance;

e) Comments from the guiding lawyer regarding the professional competence and ethical conduct of the legal practitioner intern, confirmed by the legal practice organization, except in cases of exemption from the internship period as stipulated in Article 12 of this Ordinance;

g) Results of the final internship examination or a document certifying that the applicant falls under the categories exempted from the internship period as stipulated in Article 12 of this Ordinance;

h) A proposal for issuance of the Legal Practice Certificate from the Board of Directors of the Bar Association.

3. Within thirty days from the date of receipt of the application dossier for the issuance of the Legal Practice Certificate, the Ministry of Justice shall issue the Legal Practice Certificate to the applicant; in case of rejection, the reasons must be notified in writing to the applicant and the Board of Directors of the Bar Association.

An applicant who is refused issuance of the Legal Practice Certificate has the right to appeal according to the provisions of Clause 1, Article 41 of this Ordinance.

4. A person issued the Legal Practice Certificate shall practice with all the rights and obligations of a lawyer.

Article 14. Scope of Legal Practice

1. Lawyers shall practice within the following scope:

a) Participate in litigation as defense counsel for suspects, defendants, or as representatives protecting the legitimate rights and interests of victims, civil plaintiffs, civil defendants, or parties with vested interests in criminal cases;

b) Participate in litigation as representatives or protectors of the legitimate rights and interests of parties in civil, economic, labor, or administrative cases;

c) Participate in arbitration proceedings to resolve disputes;

d) Provide legal advice, draft contracts, and prepare documents at the request of individuals or organizations;

đ) Represent individuals or organizations (hereinafter referred to as clients) under power of attorney to perform tasks related to the law;

e) Perform other legal services as prescribed by law.

2. Lawyers may practice throughout the territory of Vietnam.

The practice of lawyers outside Vietnam shall be carried out in accordance with the regulations of the Government.

Article 15. Rights and Obligations of Lawyers

1. Lawyers have the right:

a) To choose their field of practice in accordance with this Ordinance;

b) To establish a Law Office or a Partnership Law Firm;

c) To work under contract for a Law Office or a Partnership Law Firm;

d) To participate in litigation in accordance with procedural laws and this Ordinance;

đ) To exercise other rights as prescribed by law.

2. Lawyers have the obligation:

a) To comply with the principles of legal practice stipulated in Article 2 of this Ordinance;

b) To properly use lawful measures to protect the legitimate rights and interests of clients;

c) To participate in litigation in cases requested by investigative agencies according to the assignment of the Law Office where the lawyer practices;

d) To fulfill other obligations prescribed by law.

3. Trainee lawyers have the same rights and obligations as lawyers, except for the following matters:

a) Establishing or participating in establishing a Law Office or a Partnership Law Firm;

b) Signing legal advisory documents;

c) Participating in litigation in cases within the jurisdiction of provincial-level People's Courts, central city People's Courts, military regional courts, and equivalent courts, and the Supreme People's Court;

d) Participating in litigation in cases within the jurisdiction of district-level People's Courts, urban district People's Courts, provincial-level city People's Courts, and military area courts without the assignment of supervising lawyers or without the consent of clients.

Article 16. Prohibitions for Lawyers

1. Defending suspects, defendants, or representing parties with conflicting interests in the same case.

2. Intentionally providing false evidence; inciting suspects, defendants, or parties to give false statements or file complaints, appeals, or accusations without grounds.

3. Disclosing information about cases or clients obtained during practice, except when authorized by clients or otherwise provided by professional ethics rules or law.

4. Harassing clients.

5. Accepting any monetary or material benefits from clients other than fees and expenses agreed upon by the Law Office or Partnership Law Firm.

6. Engaging in other acts that violate the law.

Chapter III

LEGAL PRACTICE ORGANIZATIONS

Article 17. Forms of Organization for Legal Practice

1. Law Office.

2. Partnership Law Firm.

Lawyers may choose one of the two forms prescribed in this Article to engage in legal practice.

Article 18. Law Firm

1. A law firm may be established by one or several lawyers.

If a law firm is established by one lawyer, that lawyer shall be the Director of the Firm and shall be personally liable with all his/her assets for all obligations of the Firm.

If a law firm is established by several lawyers, the member lawyers shall be jointly and severally liable with all their assets for all obligations of the Firm. The member lawyers shall agree to elect one lawyer as the Director. The Director shall be the legal representative of the Firm.

2. A law firm may provide legal services in litigation, legal consultation, and other legal services.

3. The name of a law firm shall be chosen by agreement among the lawyers or member lawyers, but must include the phrase "Law Firm" and must ensure it does not duplicate or cause confusion with the name of another registered law firm, and must not violate historical traditions, culture, ethics, and customs of the nation.

4. A law firm shall have its own seal according to the regulations of the Government.

Article 19. Partnership Law Firm

1. A partnership law firm is a form of organization for practicing lawyers established by at least two lawyers who are jointly and severally liable with all their assets for all obligations of the Firm. A partnership law firm only includes partner members.

The establishment, organization, management, and operation of a partnership law firm shall be carried out according to the provisions of this Ordinance; in cases where this Ordinance does not specify, they shall follow the provisions of the Enterprise Law.

2. A partnership law firm may provide legal services in legal consultation and other legal services, but shall not provide legal services in litigation.

3. The name of a partnership law firm shall be chosen by agreement among the lawyer members, but must include the phrase "Partnership Law Firm" and must ensure it does not duplicate or cause confusion with the name of another registered partnership law firm, and must not violate historical traditions, culture, ethics, and customs of the nation.

4. A partnership law firm shall have its own seal according to the regulations of the Government.

Article 20. Registration of Operation of Law Firms and Partnership Law Firms

1. The registration dossier for the operation of a law firm or a partnership law firm shall include:

a) Application for registration of activities;

b) Establishment contract for a law firm established by several lawyers or Articles of Association for a partnership law firm;

c) List of founding lawyers;

d) Copy of the Lawyer Practice Certificate of the lawyer or founding lawyers;

đ) Documents confirming the office address.

2. A law firm or a partnership law firm shall register its operation at the Department of Justice of the locality where the office is located.

Within fifteen days from the date of receipt of the dossier, the Department of Justice shall issue the Business Registration Certificate for the law firm or partnership law firm; in case of refusal, it must notify the reasons in writing to the applicant. The person refused the issuance of the Business Registration Certificate has the right to appeal according to the provisions of Clause 1, Article 41 of this Ordinance.

A law firm or a partnership law firm shall commence operations from the date of issuance of the Business Registration Certificate.

3. When there is a change in name, office address, scope of practice, list of member lawyers, then at least ten days before implementing the change, the law firm or partnership law firm must notify in writing to the Department of Justice of the locality where it is registered.

Article 21. Announcing the Establishment of Law Firms and Partnership Law Firms

Within thirty days from the date of issuance of the Business Registration Certificate, the law firm or partnership law firm must publish in three consecutive issues of a central or local daily newspaper or a specialized legal newspaper the following main contents:

1. Name and office address;

2. Scope of practice;

3. Name of the lawyer or founding lawyers;

4. Name of the legal representative lawyer;

5. Business Registration Certificate number, issuing authority, date of issuance.

Article 22. Rights of Law Firms and Partnership Law Firms

1. To provide legal services in the fields recorded in the Business Registration Certificate.

2. To receive remuneration from clients.

3. To hire Vietnamese lawyers and staff to work for the firm.

4. To hire foreign lawyers and cooperate with foreign law firms according to the laws on the practice of foreign lawyers in Vietnam.

5. To establish branches within the country according to the provisions of Article 24 of this Ordinance.

6. To set up offices abroad according to the regulations of the Government.

7. To exercise other rights as prescribed by law.

Article 23. Obligations of Law Firms and Partnership Law Firms

1. A partnership law firm shall have the following obligations:

a) To operate in accordance with the scope of practice recorded in the Business Registration Certificate;

b) To fulfill the contents agreed upon with clients;

c) To compensate for damages caused by its lawyers' fault while providing legal consultation and other legal services;

d) To purchase professional liability insurance for its lawyers;

đ) To display the fee scale at its office;

e) To comply with labor, tax, accounting, and statistical laws;

g) To accept trainee lawyers and assign experienced lawyers to guide them according to the recommendation of the Bar Association's Management Board;

h) To comply with requests from competent state agencies regarding reporting, inspection, and audit;

i) To fulfill other obligations as prescribed by law.

2. A law firm shall have the following obligations:

a) The obligations stipulated in Clause 1 of this Article;

b) To appoint lawyers to participate in litigation proceedings as required by prosecution agencies, according to the assignment of the Bar Association.

Article 24. Branches of Law Offices and Partnership Law Firms

1. Branches of Law Offices and Partnership Law Firms are dependent units of Law Offices or Partnership Law Firms, operating under the authorization of the Law Office or Partnership Law Firm in accordance with the practice areas recorded in the Registration Certificate for Operation of the Law Office or Partnership Law Firm.

The Law Office or Partnership Law Firm must be responsible for the activities of branches established by itself.

2. Branches of Law Offices and Partnership Law Firms must register their operation at the Department of Justice of the locality where the branch is established. The registration dossier for the branch includes:

a) Application for registration of the branch's operation;

b) Copy of the Registration Certificate for Operation of the Law Office or Partnership Law Firm;

c) Decision to establish the branch;

d) Copy of the Lawyer's Practice Certificate of the Branch Manager;

đ) Documents confirming the office address of the branch.

Within ten days from the date of receiving the dossier, the Department of Justice shall issue the Registration Certificate for Operation of the branch; in case of refusal, it must notify the reasons in writing to the applicant. The person refused has the right to appeal according to the provisions of Clause 1, Article 41 of this Ordinance.

The branch may operate from the date it is issued the Registration Certificate for Operation.

3. Within thirty days from the date of issuance of the Registration Certificate for Operation, the branch must publish in three consecutive issues of a central or local daily newspaper or a specialized legal newspaper about the establishment of the branch.

Article 25. Legal Service Contracts

The legal service contract concluded between the client and the Law Office or Partnership Law Firm is a civil contract, which must be made in writing and include the following main contents:

1. Name and address of the client or the representative of the client, and the representative of the Law Office or Partnership Law Firm;

2. Content of the service; duration of the contract;

3. Rights and obligations of the parties;

4. Method of calculating and specific amount of remuneration; other expenses (if any);

5. Liability for breach of contract.

In case one party requests, the contract must be notarized.

Article 26. Termination of Operations of Law Offices, Partnership Law Firms, Branches of Law Offices, and Branches of Partnership Law Firms

1. Law Offices, Partnership Law Firms, Branches of Law Offices, and Branches of Partnership Law Firms terminate operations in the following cases:

a) Voluntary termination of activities;

b) Revocation of the Registration Certificate.

2. The Government stipulates the procedures and formalities for terminating the operations of Law Offices, Partnership Law Firms, Branches of Law Offices, and Branches of Partnership Law Firms.

Chapter IV

REMUNERATION AND EXPENSES PAYMENT

Article 27. Remuneration

Clients must pay remuneration when using legal services of Law Offices or Partnership Law Firms. The receipt of remuneration by Law Offices or Partnership Law Firms shall be carried out in accordance with the regulations on accounting.

Law Offices and Partnership Law Firms implement the reduction or exemption of remuneration for poor individuals and those entitled to preferential policies as prescribed by the Bar Association.

Article 28. Basis and Method of Calculating Remuneration

1. The level of remuneration is calculated based on the following bases:

a) Content and nature of legal services;

b) Time and effort of the lawyer used to provide legal services;

c) Experience and reputation of the lawyer.

2. Law Offices, Partnership Law Firms, and clients may agree to apply the following methods of calculating remuneration:

a) Based on the working hours of the lawyer;

b) Per case with a fixed fee;

c) Per case with a fee calculated as a percentage of the litigation value or contract value, project value;

d) Long-term contract with a fixed fee.

Article 29. Agreement on Remuneration

The level of remuneration shall be agreed upon between the client and the Law Office or Partnership Law Firm in the legal service contract; for criminal cases where the lawyer participates in litigation, the level of remuneration shall not exceed the ceiling set by the Government.

Article 30. Payment of Expenses

In addition to the remuneration, the client may agree with the Law Office or Partnership Law Firm on the payment of travel expenses, accommodation costs, and other reasonable expenses for the performance of their request. The payment of these expenses shall be carried out in accordance with the provisions of the accounting laws.

Article 31. Remuneration and Payment of Expenses when Lawyer Participates in Litigation at the Request of the Prosecutorial Authority judicial proceedings authority

When the Law Office assigns a lawyer to participate in litigation in criminal cases requested by the prosecutorial authority, it shall receive remuneration and have its expenses paid according to the regulations of the Government.

Chapter V

SOCIAL AND PROFESSIONAL ORGANIZATIONS OF LAWYERS

Article 32. Bar Association

1. The Bar Association is a social-professional organization of lawyers.

2. A Bar Association can be established in each province or centrally governed city when there are three or more lawyers. The provincial or centrally governed city People's Committee shall issue a decision allowing the establishment of the Bar Association after reaching consensus with the Minister of Justice.

3. The Bar Association has legal personality, maintains its own bank account and seal, and operates based on the principle of self-sufficiency from membership fees, contributions from members, and other lawful sources of income.

4. The Bar Association has a Charter to regulate internal relations within the Association.

Article 33. Tasks and Authorities of the Bar Association

1. Supervise and evaluate the results of the training period for trainee lawyers.

2. Represent and protect the legitimate rights and interests of lawyers and trainee lawyers in their practice.

3. Supervise compliance with laws and professional ethics by lawyers.

4. Require Law Offices and Partnership Law Firms to cease illegal activities and, if necessary, propose that competent state authorities handle them.

5. Mediate disputes related to practice between lawyers and trainee lawyers and Law Offices or Partnership Law Firms; between Law Offices or Partnership Law Firms; and between clients and Law Offices or Partnership Law Firms.

6. Summarize experiences, exchange professional knowledge, provide professional training, and implement other measures to enhance the professional competence of lawyers.

7. Reflect the opinions, suggestions, and proposals of lawyers regarding the formulation of national policies and laws.

8. Organize for lawyers to participate in the dissemination and education of laws.

9. Report annually to the Ministry of Justice and the provincial or centrally governed city People's Committee on the organization, activities, and list of lawyers in the Association.

10. Send resolutions and decisions of the Bar Association to the Ministry of Justice and the provincial or centrally governed city People's Committee.

Article 34. Members of the Bar Association

1. Lawyers who have joined the Bar Association are members of the Bar Association.

The rights and obligations of members of the Bar Association in internal relations within the Bar Association are regulated by the Charter of the Bar Association.

2. Trainee lawyers have the same rights and obligations as members of the Bar Association, except for the right to vote and be elected to the Board of Directors, the Reward and Disciplinary Council, and the right to vote on matters concerning the Bar Association.

Article 35. The organs of the Bar Association

1. The organs of the Bar Association include:

a) The General Assembly of Lawyers is the highest organ of the Bar Association;

b) The Management Board of the Bar Association is the executive organ of the General Assembly of Lawyers elected by the General Assembly of Lawyers;

c) The Commendation and Disciplinary Council consists of members of the Management Board of the Bar Association and some lawyers of the Bar Association elected by the General Assembly of Lawyers for the term of the Management Board.

2. The tasks and powers of the General Assembly of Lawyers, the Management Board of the Bar Association, and the Commendation and Disciplinary Council are stipulated in the Charter of the Bar Association.

Article 36. National Organization of Lawyers

Throughout the country, the National Organization of Lawyers represents lawyers and protects their legitimate rights and interests.

The establishment, functions, and tasks of the National Organization of Lawyers are implemented according to the regulations of the Government.

Chapter VI

STATE MANAGEMENT OF LAWYER ORGANIZATIONS AND PROFESSIONAL PRACTICE

Article 37. Content of state management over lawyer organizations and legal practice

1. Developing strategies and policies for the development of the lawyer profession in Vietnam.

2. Issuing and guiding the implementation of legal normative documents on lawyer organizations and legal practice.

3. Organizing and guiding the training and professional development of lawyers.

4. Issuing Legal Practice Certificates.

5. Issuing Registration Certificates for legal practice organizations.

6. Approving the establishment and dissolution of lawyer social-professional organizations.

7. Inspecting, auditing, handling complaints and accusations, and dealing with violations of laws concerning lawyer organizations and legal practice.

8. Suspending the enforcement and requiring amendments to provisions, decisions, and resolutions of the Bar Association that contravene the laws on lawyer organizations and legal practice.

9. Implementing measures to support the development of the lawyer profession.

10. Implementing state management over international cooperation activities related to lawyers.

Article 38. State Management Organs

1. The Government uniformly manages state affairs regarding lawyer organizations and legal practice.

2. The Ministry of Justice is responsible before the Government for managing state affairs regarding lawyer organizations and legal practice.

3. The Ministry of Justice coordinates with ministries, agencies at the ministerial level, and government agencies in managing state affairs regarding lawyer organizations and legal practice as prescribed by law.

4. Provincial People's Committees and municipal people's committees directly under the central government manage state affairs regarding lawyer organizations and legal practice within their scope of duties and powers at the local level.

Chapter VII

REWARD, VIOLATION HANDLING AND COMPLAINTS, REPORTS

Article 39. Awards

Individuals and organizations that have achievements in the field of lawyer organizations and legal practice shall be rewarded according to the provisions of the law.

Article 40. Handling Violations

1. Any person who practices as a lawyer without meeting the conditions stipulated in this Ordinance shall be subject to administrative penalties or criminal prosecution depending on the nature and degree of violation; if damage is caused, compensation must be made according to the provisions of the law.

2. Individuals and organizations practicing as lawyers who violate the provisions of this Ordinance shall be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and degree of violation; if damage is caused, compensation must be made according to the provisions of the law.

3. Any person who abuses their position or authority to violate the provisions of this Ordinance shall be subject to disciplinary action or criminal prosecution depending on the nature and degree of violation; if damage is caused, compensation must be made according to the provisions of the law.

Article 41. Petitioning and Reporting

1. Individuals and organizations have the right to file complaints against administrative decisions and administrative acts of administrative state agencies or persons authorized in administrative state agencies when they have grounds to believe that such decisions or acts violate the provisions of this Ordinance and infringe upon their legitimate rights and interests.

Complaint resolution shall be carried out in accordance with the law on complaints;

2. Individuals and organizations have the right to file complaints against decisions of the Management Board and the Commendation and Disciplinary Council of the Bar Association when they have grounds to believe that such decisions infringe upon their legitimate rights and interests.

The Chairman of the Bar Association has the authority to resolve complaints against decisions of the Management Board. The Chairman of the Commendation and Disciplinary Council of the Bar Association has the authority to resolve complaints against decisions of the Commendation and Disciplinary Council.

The Chairman of the provincial or municipal people's committee directly under the central government has the authority to resolve complaints against decisions of the Management Board and the Commendation and Disciplinary Council of the Bar Association which have been resolved by the Chairman of the Bar Association or the Chairman of the Commendation and Disciplinary Council of the Bar Association but still have complaints.

If dissatisfied with the decision resolving the complaint of the Chairman of the provincial or municipal people's committee directly under the central government, the complainant has the right to file a complaint with the Minister of Justice or initiate an administrative lawsuit at court according to the provisions of the law.

3. Individuals have the right to report to competent state agencies about violations of the provisions of this Ordinance.

The handling of complaints shall be in accordance with the provisions of the law on complaints.

Chapter VIII

IMPLEMENTING PROVISIONS

Article 42 |||. Transitional Provisions

1. A person recognized as a lawyer according to the Law on Lawyer Organizations in 1987 shall be issued a Legal Practice Certificate to practice as a lawyer according to the provisions of this Ordinance; for lawyers who are civil servants, they may continue to practice as lawyers for a period of three years from the date this Ordinance takes effect.

2. Within one year from the date this Ordinance takes effect, all lawyers engaged in litigation, legal counseling, and other legal services in any form must switch to operating under the forms of legal practice organizations prescribed in Article 17 of this Ordinance.

3. The Bar Association established according to the Law on Lawyer Organizations in 1987 must be reorganized and operate according to the provisions of this Ordinance within one year from the date this Ordinance takes effect.

4. The Government shall provide detailed regulations and guidance on the transition for lawyers and Bar Associations.

Article 43. Practice of foreign lawyers

The practice of foreign lawyers in Vietnam shall be regulated by the Government.

Article 44. Effective date of implementation

This Ordinance takes effect from October 1, 2001.

This Ordinance replaces the Legal Officers Organization Ordinance which was approved by the State Council on December 18, 1987.

Previous regulations contrary to this Ordinance are abolished.

Article 45. Guidance for Implementation

The Government shall provide detailed regulations and guidance for the implementation of this Ordinance.