Resolution No. 65/2006/QH11 On the Implementation of the Lawyer Law

RESOLUTION
On the Implementation of the Lawyer Law

OF THE NATIONAL ASSEMBLY
SOCIALIST REPUBLIC OF VIET NAM

Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992, amended and supplemented by Resolution No. 51/2001/QH10 dated December 25, 2001 of the Tenth Session of the Tenth National Assembly.

RESOLUTION:

1. The Lawyer Law was passed by the Ninth Session of the Eleventh National Assembly on June 29, 2006, and shall take effect from January 1, 2007.

2. The Government shall organize the review of detailed regulations and guidance documents for the implementation of the Lawyer Ordinance 2001 to abolish them and issue new documents to implement this Law.

3. From the date the Lawyer Law takes effect:

a) Persons who have been issued a Legal Practice Certificate under the provisions of the Lawyer Ordinance 2001 may continue their legal practice according to the provisions of this Law;

b) Persons currently undergoing legal practice training under the provisions of the Lawyer Ordinance 2001 may continue their training according to the provisions of this Law; the time already spent in legal practice training shall be counted towards the legal practice training period stipulated in this Law, and the Trainee Lawyer Card shall no longer be valid;

c) The Lawyer Cards issued by the Bar Association under the provisions of the Lawyer Ordinance 2001 shall remain valid until they are replaced; the national bar association shall guide the replacement of Lawyer Cards;

d) Within six months, law firms and limited liability law firms that have been granted a Business Registration Certificate under the provisions of the Lawyer Ordinance 2001 must complete the procedures to convert into law firms and limited liability law firms according to the provisions of this Law;

The Ministry of Justice shall guide the conversion process for law firms and limited liability law firms that have been granted a Business Registration Certificate under the provisions of the Lawyer Ordinance 2001;

đ) Within six months, individuals and organizations currently operating legal services under the provisions of the Enterprise Law 1999, if continuing to operate legal services, must meet the conditions for legal practice and convert their business form according to the provisions of this Law; if not converted, they must cease operations;

The Ministry of Justice shall guide the conversion process for individuals and organizations operating legal services under the provisions of the Enterprise Law 1999;

e) Foreign lawyers who have been granted a Practice Permit in Vietnam; branches of foreign law firms, foreign law companies, and foreign and Vietnamese joint-stock law firms established according to Decree No. 87/2003/NĐ-CP dated July 22, 2003 of the Government on the practice of foreign law firms and foreign lawyers in Vietnam may continue their practice according to the provisions of this Law;

g) Bar Associations established under the provisions of the Lawyer Ordinance 2001 do not need to reapply for establishment;

h) During the period when the national bar association has not yet been established, the Ministry of Justice shall organize the examination of the results of legal practice training, and the issuance of Lawyer Cards shall be carried out by the Bar Association;

4. The Government shall specify the specific measures to provide financial support from the state budget for particularly difficult mountainous provinces to develop the lawyer workforce and ensure the operation of the Bar Association.

This Resolution was adopted by the Ninth Session of the Eleventh National Assembly of the Socialist Republic of Vietnam on June 29, 2006./.