Decree No. 94/2001/ND-CP detailing the implementation of the Lawyer Law Ordinance

DECREE

||| Regulations for Implementing the Lawyer Law Ordinance

____________

THE GOVERNMENT

 

Pursuant to the Government Organization Law dated September 30, 1992;

||| Based on the Lawyer Law Ordinance dated July 25, 2001;

At the proposal of the Minister of Justice,

 

DECREE:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

||| This Decree provides detailed regulations for implementing the Lawyer Law Ordinance regarding the conditions for practicing as a lawyer, organizations for practicing as a lawyer, remuneration for lawyers, Bar Associations, management of lawyer practice, handling violations related to lawyer practice, and transitional provisions for lawyers and Bar Associations.

Article 2. ||| Rights to practice as a lawyer

||| Individuals who meet the conditions stipulated in the Lawyer Law Ordinance shall be allowed to practice as a lawyer according to the forms and scope of practice specified in the Lawyer Law Ordinance, this Decree, and other relevant legal provisions.

||| Article 3. Responsibilities of state agencies towards lawyers and their practice

||| 1. The State encourages the development of the lawyer profession and implements measures to support lawyers and organizations for practicing as a lawyer in their professional activities.

||| 2. State agencies and persons authorized by state agencies must respect the rights of lawyers in their practice, and may not engage in actions that obstruct lawyers from exercising their rights and obligations as prescribed by law.

||| 3. State management agencies responsible for lawyer organizations and lawyer practice have the responsibility to guide, create conditions, inspect, and audit lawyer organizations and lawyer practice to ensure compliance with the law by lawyers and lawyer organizations in their professional activities.

||| 4. Persons who violate the law concerning lawyer organizations and lawyer practice will be strictly dealt with according to the provisions of the law.

Chapter II

||| CONDITIONS FOR PRACTICING AS A LAWYER

||| Article 4. Joining a Bar Association

||| 1. Individuals wishing to practice as a lawyer must join the Bar Association of the locality where they reside. The place of residence of an individual is determined according to the provisions of Article 48 of the Civil Code.

||| 2. Individuals wishing to join a Bar Association must meet all the conditions stipulated in Article 8 of the Lawyer Law Ordinance.

||| An individual with a bachelor's degree in law as defined in point b, Clause 1, Article 8 of the Lawyer Law Ordinance is an individual holding a bachelor's degree in law or a university diploma in law issued by a higher education institution in Vietnam, or a university diploma in law issued by a higher education institution abroad and recognized in Vietnam according to the regulations of the Ministry of Education and Training and international treaties to which the Socialist Republic of Vietnam is a party.

||| An individual who has completed a lawyer training course as defined in point c, Clause 1, Article 8 of the Lawyer Law Ordinance is an individual holding a certificate of completion of a lawyer training course issued by a lawyer training institution in Vietnam or abroad. The duration of training at a lawyer training institution in Vietnam is six months. The Ministry of Justice stipulates the content, form, planning of lawyer training in Vietnam, and recognizes certificates of completion of lawyer training courses issued by lawyer training institutions abroad.

||| Article 5. Probationary period for practicing as a lawyer

||| 1. The Board of Directors of the Bar Association introduces probationary lawyers to organizations for practicing as a lawyer so that probationary lawyers have the opportunity to fully develop their skills and professional ethics as lawyers. Organizations for practicing as a lawyer have the obligation to accept probationary lawyers and assign lawyers to guide them.

||| In cases where a probationary lawyer has agreed with an organization for practicing as a lawyer on accepting that probationary lawyer, the Board of Directors of the Bar Association introduces the probationary lawyer to that organization for practicing as a lawyer.

||| Organizations for practicing as a lawyer must provide conditions for probationary lawyers to practice their skills. Probationary lawyers must comply with the internal rules of organizations for practicing as a lawyer and perform tasks assigned by those organizations.

||| Based on the provisions of the Lawyer Law Ordinance and this Decree, the Bar Association specifies in detail the procedures for introducing, accepting, and the probationary period for probationary lawyers at organizations for practicing as a lawyer.

||| 2. Probationary lawyers may participate in litigation in cases within the jurisdiction of the People's Court at district level and military regional courts under the assignment of guiding lawyers and when clients agree. When participating in litigation, probationary lawyers have the rights and obligations of lawyers as prescribed by procedural laws and the Lawyer Law Ordinance. For cases within the jurisdiction of provincial-level People's Courts, military zone-level courts, and equivalent courts, probationary lawyers may jointly review case files, meet defendants and other parties involved, with their consent.

||| Probationary lawyers may provide legal advice and other legal services to clients under the assignment of guiding lawyers when clients agree, but they may not sign legal advice documents and must be responsible for the quality of work they perform before guiding lawyers and organizations for practicing as a lawyer where they are undergoing probation.

Article 6. Format for Completion Practice Examination

1. The Ministry of Justice shall organize the completion practice examination for practicing lawyers for candidate lawyers.

The completion practice examination for practicing lawyers shall be organized by region as prescribed by the Ministry of Justice.

The members of the Examination Board shall include lawyers with professional qualifications and reputation, representatives from the Ministry of Justice, and relevant agencies and organizations that are legal experts knowledgeable about the profession of lawyer.

The Ministry of Justice shall issue the Regulation on Completion Practice Examination for Practicing Lawyers.

2. Candidate lawyers who meet the examination requirements shall have their Certificate of Qualification to Practice Law proposed by the Bar Association's Executive Committee. Those who do not meet the requirements may extend their practice period up to two times, each extension being from six months to twelve months. After the second extension, if the candidate lawyer still does not meet the examination requirements, they will be removed from the list of candidate lawyers of the Bar Association.

Article 7. Use of the Certificate of Qualification to Practice Law

Only those holding the Certificate of Qualification to Practice Law and being members of the Bar Association may use the Certificate of Qualification to Practice Law to practice as a lawyer.

Chapter III

LEGAL PRACTICE ORGANIZATIONS

Article 8. Forms of Legal Practice Organizations

1. The forms of legal practice organizations are Law Offices and Partnership Law Firms as stipulated in Articles 17, 18, and 19 of the Lawyer Ordinance.

2. A lawyer practices as a member of a Law Office or a Partnership Law Firm or as an employee under a contract with a Law Office or a Partnership Law Firm.

3. A lawyer may only establish or participate in establishing one legal practice organization.

Article 9. Charter of Partnership Law Firms, Establishment Contract of Law Offices

1. The Charter of Partnership Law Firms includes the following main contents:

a) Name and address of the headquarters;

b) Scope of practice;

c) Full name and permanent address of partner lawyers;

d) Rights and obligations of partner lawyers;

đ) Contribution portion of each partner lawyer;

e) Conditions and procedures for joining or withdrawing from the list of partner lawyers;

g) Organizational structure, management, and operation;

h) Procedure for passing resolutions and internal dispute resolution principles;

i) Principles of profit distribution and responsibilities of partner lawyers towards the firm’s obligations;

k) Circumstances for temporary suspension, termination of operations, and asset liquidation procedures;

l) Procedures for amending and supplementing the Charter of Partnership Law Firms.

The Charter of Partnership Law Firms must bear the signatures of all partner lawyers.

2. The establishment contract of a Law Office formed by several lawyers shall contain the main contents as provided in Clause 1 of this Article and must bear the signatures of all lawyers of the Law Office.

Article 10. Establishment and Registration of Operations of Law Offices and Partnership Law Firms

1. A lawyer establishes a legal practice organization in the locality where their Bar Association is located. In cases where lawyers from different Bar Associations wish to jointly establish a legal practice organization, they may choose to establish and register the operations of such organization in one of the localities where they are members of a Bar Association.

2. Law Offices and Partnership Law Firms register their operations at the Department of Justice of the locality where their headquarters are located. The registration procedures for Law Offices and Partnership Law Firms are carried out according to the provisions of Article 20 of the Lawyer Ordinance.

3. The application for registration of operations of Law Offices and Partnership Law Firms shall include the following main contents:

a) Name of the Law Office or Partnership Law Firm;

b) Headquarters address;

c) Full name and permanent address of founding lawyer partners;

d) Full name and permanent address of the legal representative;

đ) Scope of practice.

4. In case the application contains incorrect or incomplete information, the Department of Justice must notify the applicant in writing within seven days from the date of receipt of the application. The notification must clearly state the required amendments and supplements and the methods thereof.

5. If, fifteen days after submitting a complete and correct application, the applicant has not received the Registration Certificate, they have the right to lodge a complaint with the Department of Justice that accepted the application. The procedure for handling complaints is regulated in Clause 1 of Article 41 of the Lawyer Ordinance.

6. The Registration Certificate of Law Offices and Partnership Law Firms shall be made in two copies. One copy shall be issued to the Law Office or Partnership Law Firm, and the other copy shall be kept at the Department of Justice.

7. Within seven days from the date of issuance of the Registration Certificate to the Law Office or Partnership Law Firm, the Department of Justice shall send a copy of the Registration Certificate to the local Tax Bureau and the Ministry of Justice.

8. Law Offices and Partnership Law Firms must pay the registration fee according to the business registration fee rate for enterprises. The management and use of the registration fee for Law Offices and Partnership Law Firms shall be implemented according to the management and use regulations for the business registration fee of enterprises.

9. After receiving the Registration Certificate, Law Offices and Partnership Law Firms may engrave and use their own seals according to the legal regulations on seals.

10. Law Offices and Partnership Law Firms must notify the Bar Association of the locality where they registered their operations about their registration.

11. Law Offices and Partnership Law Firms shall report to the Department of Justice semi-annually and annually on the organizational and operational situation of the Law Office or Partnership Law Firm according to the guidelines of the Ministry of Justice.

Article 11. Contents of the Registration Certificate for Law Office and Partnership Law Firm's Activities

The Registration Certificate for Law Office and Partnership Law Firm's Activities shall contain the following main contents:

1. Name and address of the headquarters.

2. Scope of practice.

3. Full name of the legal representative.

4. Full name and residential address of member lawyers.

The Ministry of Justice shall prescribe the model of the Registration Certificate for Law Office and Partnership Law Firm's Activities.

Article 12. Procedures for Changing the Contents of the Registration Certificate for Law Office and Partnership Law Firm's Activities

1. When changing the name, headquarters address, scope of practice, list of members, or legal representative, the Law Office and Partnership Law Firm must notify in writing to the Department of Justice of the locality where they are registered at least 10 days before implementing the change. The notification shall include the following main contents:

a) Name of the Law Office or Partnership Law Firm;

b) Headquarters address;

c) Registration Activity Number, date of issuance;

d) Scope of practice;

đ) Content of the change;

e) Signature of the legal representative.

In case of adding new members, a copy of the new member’s Lawyer Practice Certificate must be attached with the notification.

2. Within seven days from the date of receipt of the notification, the Department of Justice shall record the changes in the Registration Certificate; if the content of the change does not comply with the provisions of the law, the Department of Justice shall refuse to change the content of the Registration Certificate and notify in writing to the Law Office and Partnership Law Firm.

3. Within seven days from the date of recording the changes in the Registration Certificate, the Department of Justice shall notify the Tax Authority of the locality and report to the Ministry of Justice about the changes.

4. Within seven days from the date of the change in the Registration Certificate, the Law Office and Partnership Law Firm must notify the Bar Association where the Law Office and Partnership Law Firm's headquarters is located.

Article 13. Registration of Branches of Law Offices and Partnership Law Firms

1. Law Offices and Partnership Law Firms may establish branches within or outside the province or centrally governed city where their headquarters is located.

The head of the branch of a Law Office and the head of the branch of a Partnership Law Firm must be a lawyer and work regularly at the branch.

2. The procedures for registering the activities of branches of Law Offices and Partnership Law Firms shall be carried out in accordance with Article 24 of the Lawyer Ordinance. In cases where a Law Office or Partnership Law Firm establishes a branch outside the province or city where its headquarters is located, within seven days from the date of obtaining the Registration Certificate for the branch, the Law Office or Partnership Law Firm must send a written notification to the Department of Justice where the Law Office or Partnership Law Firm's headquarters is located and the Bar Association where the branch's headquarters is located.

3. When registering the activities of a branch, the Law Office or Partnership Law Firm must pay the registration fee according to the level of registration fee for establishing a branch of a business enterprise. The management and use of the registration fee for establishing a branch of a Law Office or Partnership Law Firm shall be implemented according to the management and use system of the registration fee for establishing a branch of a business enterprise.

4. After being granted the Registration Certificate, the branch of a Law Office or Partnership Law Firm may engrave and use its own seal in accordance with the law on seals.

Article 14. Legal service contracts

The conclusion of legal service contracts shall be carried out in accordance with the provisions of Article 25 of the Lawyer Ordinance. For simple cases that can be immediately implemented, law firms and partnership law companies may agree orally with clients, but must comply with regulations on record-keeping and accounting systems.

Article 15. Hiring foreign lawyers to work for law firms and partnership law companies

1. Law firms and partnership law companies may hire foreign lawyers who have been granted a Practice License in Vietnam to work for them. The procedures for granting a Practice License in Vietnam to foreign lawyers shall be carried out in accordance with the laws on the practice of foreign lawyers in Vietnam. The rights and obligations of foreign lawyers hired to work for law firms and partnership law companies shall be agreed upon in the labor contract in compliance with the Lawyer Ordinance, this Decree, labor laws, and laws on the practice of foreign lawyers in Vietnam.

2. Within seven days from the date of signing the contract to hire a foreign lawyer, the law firm or partnership law company must issue a written notification to the Department of Justice of the locality where the law firm or partnership law company is headquartered, along with the contract to hire the foreign lawyer.

Within seven days from the date of terminating the contract to hire a foreign lawyer, the law firm or partnership law company must notify in writing the Department of Justice of the locality where the law firm or partnership law company is headquartered.

Article 16. Revocation of the Registration Certificate for Law Firms, Partnership Law Companies, Branches of Law Firms, and Branches of Partnership Law Companies

1. Law firms and partnership law companies shall have their Registration Certificate revoked in the following cases:

a) Not operating continuously for one year from the date of issuance of the Registration Certificate or ceasing operations continuously for one year without completing the temporary cessation procedures as stipulated in Article 17 of this Decree;

b) Not submitting periodic reports for two consecutive years.

2. Branches of law firms and branches of partnership law companies shall have their Registration Certificate revoked in the following cases:

a) The law firm or partnership law company that established such branch has had its Registration Certificate revoked;

b) Not operating continuously for one year from the date of issuance of the Registration Certificate;

c) Not submitting periodic reports for two consecutive years.

Article 17. Temporary Suspension of Operations of Law Firms and Partnership Law Companies

1. Law firms and partnership law companies may temporarily suspend operations.

At least fifteen days before the planned date of suspension, the law firm or partnership law company must notify in writing the Department of Justice of the locality where it is registered. The law firm or partnership law company may suspend operations from the date of approval by the Department of Justice. Within seven days from the date of the decision approving the temporary suspension of operations, the law firm or partnership law company must notify the Bar Association and the Tax Office of the locality where it is registered. The period of temporary suspension shall not exceed two years.

The notice regarding the temporary suspension of operations shall contain the following main contents:

a) Name of the Law Office or Partnership Law Firm;

b) Number and date of issuance of the Registration Certificate;

c) Head office address;

d) Duration of temporary suspension, start date and end date of the temporary suspension period;

đ) Reasons for the temporary suspension of operations;

e) Report on debt repayment, resolution of legal service contracts signed with clients, and labor contracts signed with lawyers and employees of the law firm or partnership law company.

2. Prior to suspending operations, the law firm or partnership law company must pay all outstanding taxes; bear responsibility for paying overdue debts; and negotiate with lawyers and employees of the law firm or partnership law company regarding issues related to the labor contracts signed with them.

For legal service contracts that the law firm or partnership law company has signed with clients but have not yet been completed, they must negotiate with the clients about the implementation of those contracts; if the client agrees, transfer the legal service contract to another law firm or partnership law company.

3. In the event of a temporary suspension of operations by a law firm or partnership law company, the branches of that law firm or partnership law company will also automatically suspend operations.

4. At least fifteen days before the planned date of resuming operations, the law firm or partnership law company must send a written notice to the Bar Association and the Department of Justice and Tax Office of the locality where it is registered regarding the resumption of operations.

Article 18. Termination of Activities of Law Firm Office, Partnership Law Firm

1. The Law Firm Office, Partnership Law Firm shall terminate its activities in the cases prescribed in Clause 1 of Article 26 of the Lawyer Ordinance.

2. In the case of self-initiated termination of activities, at least thirty days prior to the anticipated date of termination, the Law Firm Office, Partnership Law Firm must notify in writing the Department of Justice, Bar Association of the locality where it is registered for operation; and publish in a central or local daily newspaper or a specialized legal newspaper for three consecutive issues regarding the termination of activities.

Prior to the date of termination, the Law Firm Office, Partnership Law Firm must pay all outstanding taxes; settle all other debts; complete the procedures to terminate labor contracts signed with lawyers and employees of the Law Firm Office, Partnership Law Firm; fulfill all legal service contracts signed with clients. In the event that it is not possible to fully execute the legal service contracts signed with clients, then an agreement must be reached with the client regarding the execution of such contracts; if the client agrees, the legal service contract shall be transferred to another Law Firm Office, Partnership Law Firm.

3. In the case of revocation of the Registration Certificate of Operation of the Law Firm Office, Partnership Law Firm pursuant to Clause 1 of Article 16 of this Decree, within seven days from the date of revocation of the Registration Certificate of Operation, the Department of Justice shall have the responsibility to notify the Bar Association and the Tax Department of the locality where the Law Firm Office, Partnership Law Firm is registered for operation about the revocation of the Registration Certificate of Operation of the Law Firm Office, Partnership Law Firm. Within thirty days from the date of revocation of the Registration Certificate of Operation, the Law Firm Office, Partnership Law Firm must publish in a central or local daily newspaper or a specialized legal newspaper for three consecutive issues regarding the termination of activities of the Law Firm Office, Partnership Law Firm.

Within sixty days from the date of revocation of the Registration Certificate of Operation, the Law Firm Office, Partnership Law Firm must pay all outstanding taxes; settle all other debts; complete the procedures to terminate labor contracts signed with lawyers and employees of the Law Firm Office, Partnership Law Firm; fulfill all legal service contracts signed with clients. In the event that it is not possible to fully execute the legal service contracts signed with clients, then an agreement must be reached with the client regarding the execution of such contracts; if the client agrees, the legal service contract shall be transferred to another Law Firm Office, Partnership Law Firm.

Article 19. Termination of Activities of Branches of Law Firm Offices, Branches of Partnership Law Firms

Branches of Law Firm Offices, Branches of Partnership Law Firms shall terminate their activities in the following cases:

1. The Law Firm Office, Partnership Law Firm that established the branch terminates its activities according to Article 18 of this Decree.

2. Pursuant to the decision of the Law Firm Office, Partnership Law Firm that established the branch.

3. Revocation of the Registration Certificate of Operation according to Clause 2 of Article 16 and Article 37 of this Decree.

The Law Firm Office, Partnership Law Firm shall bear the responsibility for resolving all issues related to the termination of activities of branches established by the Law Firm Office, Partnership Law Firm.

Article 20. Establishing a Practice Base Abroad

1. A Law Firm Office or a Partnership Law Firm that meets the following conditions may establish a practice base abroad:

a) Has been established for three years or more;

b) Has operated effectively in the two most recent years prior to the date of establishing a practice base abroad;

c) Has not been administratively penalized in the three most recent years prior to the date of establishing a practice base abroad.

2. A Law Firm Office or a Partnership Law Firm wishing to establish a practice base abroad must submit a request to the Ministry of Justice. The request must be accompanied by the following documents:

a) A copy of the Registration Certificate for the operation of the Law Firm Office or Partnership Law Firm;

b) A report on the operational situation and financial status of the Law Firm Office or Partnership Law Firm in the two most recent years.

Within thirty days from the date of receipt of the request, the Ministry of Justice shall issue a document approving the establishment of a practice base abroad for the Law Firm Office or Partnership Law Firm; in case of refusal, it must notify the reasons in writing to the applicant. The person refused has the right to appeal according to Clause 1, Article 41 of the Lawyer Ordinance.

Within fifteen days from the date of being permitted by the competent authority of the foreign country to establish a practice base abroad, the Law Firm Office or Partnership Law Firm must notify in writing the Ministry of Justice, Provincial Department of Justice, Tax Bureau, and Bar Association of the locality where the headquarters of the Law Firm Office or Partnership Law Firm is located.

The practice base abroad of the Law Firm Office or Partnership Law Firm must comply with the laws of the country where the base is established, operate within the scope of fields recorded in the Registration Certificate for the operation of the Law Firm Office or Partnership Law Firm in Vietnam, and be permitted by the competent authority of the foreign country.

3. When terminating the operation of a practice base abroad, the Law Firm Office or Partnership Law Firm must notify in writing the Ministry of Justice, Provincial Department of Justice, Tax Bureau, and Bar Association of the locality where the headquarters of the Law Firm Office or Partnership Law Firm is located within seven days from the date of termination of operations.

Article 21. Dispatching Lawyers to Provide Legal Services Abroad

A Law Firm Office or a Partnership Law Firm may dispatch lawyers to provide legal services abroad upon customer requests. The departure of lawyers abroad must comply with the provisions of the law on entry and exit.

Lawyers providing legal services abroad must comply with the provisions of the Lawyer Ordinance, this Decree, and other relevant legal regulations. The remuneration paid by customers to lawyers providing legal services abroad shall be carried out according to the legal service contract agreed between the customer and the Law Firm Office or Partnership Law Firm. The remuneration paid to lawyers providing legal services abroad must be reflected in the accounting books and vouchers of the Law Firm Office or Partnership Law Firm in accordance with the current financial and accounting system of Vietnam.

Article 22. Merger of Law Firm Offices, Merger of Partnership Law Firms

1. Two or more Law Firm Offices may agree to merge into a new Law Firm Office.

The merger procedures are as follows:

a) The Law Firm Offices prepare the merger agreement and the agreement to establish a new Law Firm Office.

The merger agreement must include provisions on the procedures and conditions for the merger; labor utilization plan; time limit, procedures, and conditions for asset conversion; time limit for implementing the merger. The merger agreement must be sent to all creditors and notified to employees within fifteen days from the date of approval.

The agreement to establish a new Law Firm Office must bear the signatures of all members of the new Law Firm Office and contain the contents of the agreement to establish a Law Firm Office as stipulated in Article 9 of this Decree.

b) The registration procedures and publication of the establishment of a new Law Firm Office are carried out according to the provisions of Articles 20 and 21 of the Lawyer Ordinance and Article 10 of this Decree. In addition to the documents specified in Clause 1, Article 20 of the Lawyer Ordinance, the registration dossier of the new Law Firm Office must include the merger agreement.

After the new Law Firm Office is issued the Registration Certificate for Operation, the old Law Firm Offices cease to exist, and the new Law Firm Office enjoys legitimate rights and benefits, bears responsibility for unpaid debts, ongoing legal service contracts, employment contracts signed with lawyers and staff of the office, and other property obligations of the old Law Firm Offices.

2. Two or more Partnership Law Firms may agree to merge into a new Partnership Law Firm. The procedures for merging Partnership Law Firms are applied according to the provisions of Clause 1 of this Article.

Article 23. Merger of Law Offices and Partnership Law Firms

One or more Law Offices or Partnership Law Firms may merge into another Law Office or Partnership Law Firm.

The procedures for merging Law Offices and Partnership Law Firms are as follows:

1. The relevant Law Offices and Partnership Law Firms prepare a merger agreement. The merger agreement must include provisions on labor utilization plans; deadlines, procedures, and conditions for asset conversion; procedures and deadlines for implementing the merger. The merger agreement must be signed by all members of the relevant Law Offices and Partnership Law Firms.

2. The Law Office or Partnership Law Firm receiving the merger does not need to register its operations but only needs to process changes to the content of the Business Registration Certificate according to Clause 3, Article 20 of the Lawyer Ordinance and Article 12 of this Decree. In the application for change registration, the merger agreement must be included.

The Law Office or Partnership Law Firm receiving the merger enjoys lawful rights and benefits, bears responsibility for unpaid debts, ongoing legal service contracts, labor contracts signed with lawyers and staff of the Law Office or Partnership Law Firm being merged, and other property obligations of the Law Offices and Partnership Law Firms being merged.

Article 24. Lawyers Working Under Contracts for Law Offices and Partnership Law Firms

1. Lawyers working under contracts for Law Offices and Partnership Law Firms carry out professional activities according to the assignment of the Law Office or Partnership Law Firm. The Law Office or Partnership Law Firm must bear responsibility for the professional activities of lawyers working under contracts. Specific rights and obligations of lawyers working under contracts and of Law Offices and Partnership Law Firms are agreed upon in the labor contract in accordance with the Lawyer Ordinance, this Decree, and labor laws.

2. Within fifteen days from the date of signing the labor contract with the lawyer, the Law Office or Partnership Law Firm must notify the Department of Justice where it is registered and the Bar Association where the lawyer is a member.

Chapter IV

COMPENSATION

Article 25. Provisions on Compensation for Criminal Cases

The level of compensation for criminal cases is agreed upon between the client and the Law Office in the legal service contract based on the criteria stipulated in Clause 1, Article 28 of the Lawyer Ordinance and is calculated per hour or as a lump sum per case, but the highest rate converted to hourly rates shall not exceed 50,000 VND per hour of work by the lawyer.

Article 26. Compensation and Expenses for Lawyers When Participating in Litigation at the Request of Judicial Authorities

1. For cases requested by judicial authorities, the compensation paid to the lawyer is 70,000 VND per day of work by the lawyer.

2. Lawyers participating in litigation at the request of judicial authorities are reimbursed travel expenses as civil servants on official business.

3. The judicial authority that has requested the lawyer to participate in litigation is responsible for paying the compensation and expenses as prescribed in Clauses 1 and 2 of this Article according to state regulations. The budget for these payments is included in the annual budget of the judicial authority.

4. Apart from the compensation and expenses paid by the judicial authority, the lawyer may not demand any additional payment from the defendant, accused, or their relatives.

5. The Ministry of Finance shall coordinate with the Ministry of Justice to guide judicial authorities in implementing the provisions of Clauses 1, 2, and 3 of this Article.

Article 27. Adjustment of Remuneration Levels

When market prices fluctuate by 10% or more, the Ministry of Justice, together with the Ministry of Finance, shall submit to the Prime Minister for a decision on adjusting the remuneration levels specified in Articles 25 and 26 of this Decree.

Chapter V

BAR ASSOCIATION

Article 28. Charter of the Bar Association

1. Based on the provisions of the Lawyer Law, this Decree, and other laws regarding social-professional organizations, the Bar Association shall promulgate its Charter to regulate internal relations within the Association.

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

a) The objectives and purposes of the Bar Association;

b) Procedures for joining and leaving the Bar Association;

c) Provisions on probationary period for practicing lawyers;

d) Rights and obligations of members of the Bar Association;

đ) Principles of organization, operation, and tasks and powers of the General Assembly of the Bar Association;

e) Organization, principles of operation, and tasks and powers of the Board of Directors of the Bar Association;

g) Organization, principles of operation, and tasks and powers of the Disciplinary Council;

h) Forms of rewards and punishments for lawyers and probationary lawyers;

i) Membership fees;

k) Financial matters of the Association;

l) Handling complaints and denunciations within the Association;

m) Relations with lawyer practice organizations;

n) Relations with other agencies and organizations.

3. Within seven days from the date the Charter of the Bar Association is adopted, the Board of Directors of the Bar Association shall send the Charter to the Ministry of Justice. Within thirty days from the date of receipt of the Charter of the Bar Association, the Ministry of Justice shall approve the Charter. The Charter of the Bar Association shall take effect from the date it is approved by the Ministry of Justice. Within ten days from the date the Charter of the Bar Association takes effect, the Board of Directors of the Bar Association shall send one copy of the Charter to the Department of Justice.

Article 29. Members of the Bar Association

1. Members of the Bar Association are lawyers. Probationary lawyers are not yet formal members of the Bar Association but have rights and obligations similar to those of members of the Bar Association, except for the right to elect and be elected to the Board of Directors, the Disciplinary Council, and the right to vote on matters concerning the Bar Association.

2. Members of the Bar Association have the following rights:

a) To elect and be elected to the Board of Directors, the Disciplinary Council;

b) To participate in discussions and voting on matters concerning the Bar Association, and to make proposals to the General Assembly and the Board of Directors of the Bar Association on issues related to the organization and activities of the Association;

c) To receive professional training from the Bar Association;

d) Other rights stipulated in the Charter of the Bar Association.

3. Members of the Bar Association have the following obligations:

a) To report to the Board of Directors of the Bar Association on the establishment of a practice organization or workplace under a contract and their professional activities;

b) To fully participate in courses to update legal knowledge and professional training organized by the Bar Association or the Ministry of Justice;

c) To pay membership fees;

d) Other obligations stipulated in the Charter of the Bar Association.

4. Members of the Bar Association shall be issued a Lawyer Card by the Board of Directors of the Bar Association according to a uniform model issued by the Ministry of Justice.

Article 30. General Assembly of Lawyers

1. The General Assembly of Lawyers is the highest authority of the Bar Association, convening at least once a year regularly and may convene extraordinary sessions upon the proposal of the Board of Directors of the Bar Association or at least half of the lawyers of the Association.

The General Assembly of Lawyers is considered valid if at least two-thirds of the members of the Association participate.

In cases where the Bar Association has 100 members or more, a Representative Assembly of Lawyers may be organized in accordance with the Charter of the Bar Association. The Representative Assembly has the tasks and powers of the General Assembly of Lawyers.

2. The General Assembly of Lawyers has the following tasks and powers:

a) To elect and remove the Board of Directors of the Bar Association; the President of the Bar Association; the Disciplinary Council of the Bar Association;

b) To adopt the Charter and the Code of Professional Ethics for Lawyers;

c) To adopt membership fees, other contributions of lawyers, and financial revenue and expenditure regulations;

d) Other tasks and powers stipulated in the Charter of the Bar Association.

Resolutions of the General Assembly of Lawyers are adopted when more than half of the members of the Association agree.

Article 31. Board of Directors of the Bar Association

1. The Board of Directors of the Bar Association is the executive body of the General Assembly of Lawyers, elected by the General Assembly of Lawyers, with a term of three years.

The list of the Board of Directors of the Bar Association shall be sent to the Ministry of Justice and the Department of Justice.

The Board of Directors of the Bar Association consists of a Chairperson, Deputy Chairpersons, and may include several members. The number of Deputy Chairpersons and members of the Board of Directors of the Bar Association shall be determined by the General Assembly of Lawyers based on the Charter of the Bar Association.

A decision of the Board of Directors of the Bar Association shall be adopted when more than half of the members of the Board of Directors agree.

2. The Board of Directors of the Bar Association has the following tasks and powers:

a) To decide on accepting or rejecting applications for membership in the Bar Association; accepting applications for leaving the Bar Association;

b) To supervise and evaluate the training results of trainee lawyers and propose the Ministry of Justice to issue a Legal Practice Certificate;

c) To monitor compliance with the Code of Professional Ethics by lawyers;

d) To propose the Ministry of Justice to revoke the Legal Practice Certificate of a lawyer in cases where the lawyer is disciplined by having their name removed from the list of lawyers;

đ) To supervise the activities of law firms and partnership law firms; require law firms and partnership law firms to cease illegal actions and, if necessary, request competent state authorities to handle them;

e) To mediate disputes related to practice between lawyers and trainee lawyers with law firms and partnership law firms; between law firms and partnership law firms; between clients and law firms and partnership law firms;

g) To organize summaries, exchange experiences, enhance professional skills, and implement other measures to improve the professional skills of lawyers;

h) To organize the collection of opinions and contributions of lawyers in the formulation of national policies and laws;

i) To organize for lawyers to participate in the dissemination and education of laws;

k) To carry out international cooperation activities related to lawyers;

l) To report to the Ministry of Justice and the Department of Justice on the organization and activities of the Bar Association and the list of lawyers of the Bar Association every six months and annually;

m) Other tasks and powers as stipulated in the Charter of the Bar Association.

3. The Board of Directors of the Bar Association is responsible for sending to the Ministry of Justice and the Department of Justice regulations, decisions, and resolutions of the Bar Association.

Article 32. Award and Disciplinary Council

1. The Award and Disciplinary Council consists of members of the Board of Directors of the Bar Association and some lawyers of the Bar Association elected by the General Assembly of Lawyers during the term of the Board of Directors. The number of members of the Award and Disciplinary Council shall be determined by the General Assembly of Lawyers based on the Charter of the Bar Association. The Chairperson of the Bar Association concurrently serves as the Chairman of the Award and Disciplinary Council.

2. The Award and Disciplinary Council decides on the forms of awards given by the Bar Association to lawyers and trainee lawyers and reports to the General Assembly of Lawyers for decisions on proposing national awards for lawyers, the Bar Association, law firms, and partnership law firms.

3. The Award and Disciplinary Council examines and decides to apply one of the following disciplinary measures against lawyers and trainee lawyers:

a) Reprimand;

b) Warning;

c) Removing the name from the list of lawyers or trainee lawyers of the Bar Association.

4. The Award and Disciplinary Council operates on the principle of collective work and decides by majority vote.

Chapter VI

STATE MANAGEMENT OF LAWYER ORGANIZATIONS AND PROFESSIONAL PRACTICE

Article 33. Tasks and Authorities of the Ministry of Justice in Managing State Administration over Lawyer Organizations and Legal Practice

The Ministry of Justice assists the Government in managing state administration over lawyer organizations and legal practice throughout the country, with the following tasks and authorities:

1. Drafting and submitting to the Government for decision on strategies and policies for developing the legal profession.

2. Preparing drafts for promulgation by competent state agencies or issuing normative legal documents on lawyer organizations and legal practice; guiding the implementation of these normative legal documents.

3. Organizing training for the legal profession; providing professional development for lawyers.

4. Issuing Certificates of Legal Practice; revoking Certificates of Legal Practice in cases stipulated in Clause 2, Article 7 of this Decree.

5. Approving the Statutes of Lawyer Associations.

6. Issuing model Rules of Professional Ethics for lawyers.

7. Publishing annual reviews and newsletters on lawyer organizations and legal practice, and implementing other measures to support the development of the legal profession.

8. Summarizing and periodically reporting to the Government on the situation of lawyer organizations and legal practice.

9. Inspecting, auditing, handling complaints and denunciations regarding lawyer organizations and legal practice within its authority.

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

11. Suspending enforcement and requiring amendments to provisions, decisions, and resolutions of Lawyer Associations that contravene the Lawyer Ordinance, this Decree, and other legal regulations.

Article 34. Tasks and Authorities of Provincial People's Committees under the Central Government in Managing State Administration over Lawyer Organizations and Legal Practice

1. Provincial People's Committees under the Central Government manage state administration over lawyer organizations and legal practice in their respective localities, with the following tasks and authorities:

a) Approving the establishment of Lawyer Associations; deciding on the dissolution of Lawyer Associations;

b) Inspecting, auditing, handling complaints and denunciations regarding the organization and operation of Lawyer Associations, Law Offices, and Partnership Law Firms within their authority;

c) Periodically reporting to the Ministry of Justice on the situation of lawyer organizations and legal practice;

d) Other tasks and authorities as prescribed by law.

2. Departments of Justice assist provincial people's committees under the Central Government in implementing state management content as prescribed in Clause 1 of this Article and have the following tasks and authorities:

a) Issuing Licenses for Law Office Operations, Partnership Law Firm Operations, Branches of Law Offices, and Branches of Partnership Law Firms; revoking Licenses for Law Office Operations, Partnership Law Firm Operations, Branches of Law Offices, and Branches of Partnership Law Firms in cases stipulated in Article 16 of this Decree;

b) Providing information on the registration of operations of Law Offices and Partnership Law Firms to state agencies, organizations, and individuals as required by law;

c) Requesting Law Offices and Partnership Law Firms to report on their operational status when necessary.

Chapter VII

HANDLING VIOLATIONS

Article 35. Handling Violations by Individuals and Organizations Engaging in Unauthorized Legal Practice

Individuals and organizations that do not meet the conditions for legal practice as prescribed by the Lawyer Ordinance and this Decree, but engage in legal practice in any form, shall be compelled to cease such violations and be subject to a fine of up to 50,000,000 VND. Profits obtained from unauthorized practice shall be confiscated and turned over to the state treasury.

Article 36. Handling Violations Against Lawyers

A lawyer who commits any of the following violations shall be subject to disciplinary action under the Lawyer Association Charter, administrative penalty in the form of warning or fine according to the provisions of the law on handling administrative violations, depending on the nature and severity of the violation:

1. Practicing not in accordance with the forms of practice organization prescribed in the Lawyer Ordinance and this Decree.

2. Allowing another person to use their Lawyer Practice Certificate.

3. Violating other provisions of the Lawyer Ordinance and this Decree.

In cases where the violation causes serious consequences or is repeated, in addition to being penalized with a warning or fine, the Lawyer Practice Certificate may also be revoked.

Article 37. Handling Violations Against Law Firm Offices, Partnership Law Firms, Branches of Law Firm Offices, and Branches of Partnership Law Firms

A Law Firm Office, Partnership Law Firm, Branch of Law Firm Office, or Branch of Partnership Law Firm that commits any of the following violations shall be subject to administrative penalty in the form of warning or fine according to the provisions of the law on handling administrative violations, depending on the nature and severity of the violation:

1. Operating outside the fields of practice registered in the Registration for Operation.

2. Allowing a person who is not a lawyer to practice under the name of the Law Firm Office or Partnership Law Firm.

3. Changing the contents of the Registration for Operation without notifying the Department of Justice.

4. Temporarily suspending or ceasing operations without complying with the provisions of this Decree regarding temporary suspension of operations and cessation of operations.

5. Violating the provisions of the Lawyer Ordinance and this Decree on remuneration.

6. Not complying with reporting requirements.

7. Not complying with requests from competent state agencies when conducting inspections or audits.

8. Violating other provisions of the Lawyer Ordinance and this Decree.

In cases where the violation causes serious consequences or is repeated, in addition to being penalized with a warning or fine, the Registration for Operation may also be revoked.

Article 38. Handling Violations Against Acts Infringing upon the Rights of Lawyers

A person holding a position or authority who commits acts infringing upon or obstructing lawyers or legal organizations in exercising their rights and obligations shall be subject to disciplinary action or criminal responsibility pursued, if causing damage, they must compensate according to the provisions of the law, depending on the nature and severity of the violation.

Article 39. Competence and Procedure for Administrative Violation Handling

The competence and procedure for handling administrative violations stipulated in Articles 35, 36, and 37 of this Decree shall be implemented according to the provisions of the law on handling administrative violations.

Chapter VIII

IMPLEMENTING PROVISIONS

Article 40. Transitional Provisions for Lawyer Associations

A Lawyer Association established according to the Organization of Lawyers Ordinance in 1987 does not need to go through the process of re-establishment permission. Within one year from the date the Lawyer Ordinance in 2001 takes effect, the Board of Directors of the Lawyer Association drafts the Lawyer Association Charter, organizes a General Assembly of lawyers to approve the Charter, elects the Board of Directors, Director, Reward and Disciplinary Committee of the Association according to the provisions of the Lawyer Ordinance in 2001 and this Decree.

During the period from October 1, 2001 to when the Lawyer Association has converted according to the Lawyer Ordinance in 2001, the Lawyer Association continues to organize practice for its lawyers and trainee lawyers.

After the Lawyer Association converts according to the Lawyer Ordinance in 2001, branches of the Lawyer Association will automatically cease operations.

Article 41. Transitional provisions for lawyers and trainee lawyers

1. A person recognized as a lawyer under the Legal Practitioners Organization Ordinance of 1987 before October 1, 2001 shall be issued a Professional Practice Certificate to practice as a lawyer according to the Lawyer Ordinance of 2001.

2. A person falling within the scope of paragraph 1 of this Article who is currently a civil servant or government employee shall be issued a Professional Practice Certificate to practice as a lawyer until September 30, 2004.

3. A person who is a trainee lawyer at the time when the Lawyer Ordinance comes into effect shall continue to train to practice as a lawyer according to the Lawyer Ordinance; the period already spent training to practice as a lawyer shall be counted towards the training period as stipulated by the Lawyer Ordinance.

A person who has trained to practice as a lawyer at a branch of a foreign legal organization in Vietnam prior to the effective date of the Lawyer Ordinance shall have the period spent training to practice as a lawyer at such branch counted towards the training period as stipulated by the Lawyer Ordinance.

4. A person who is a lawyer or trainee lawyer of a Bar Association under the Legal Practitioners Organization Ordinance of 1987 shall automatically become a lawyer or trainee lawyer of that Bar Association after the Bar Association converts its operations according to the Lawyer Ordinance of 2001.

For those residing in one locality but practicing as a lawyer or trainee lawyer with a Bar Association of another locality, if they wish to transfer to the Bar Association of their place of residence, they may do so. The Board of Directors of the Bar Association in the locality where the lawyer resides shall be responsible for accepting the lawyer.

5. After the Bar Association has been converted in terms of organization and operation according to the Lawyer Ordinance of 2001, the Lawyer Card issued under the Legal Practitioners Organization Ordinance of 1987 to members of that Bar Association shall no longer be valid.

Article 42. Transitional provisions for lawyers operating under the form of Limited Liability Companies or other forms

Lawyers engaged in litigation, legal consultation, and other legal services under the form of Limited Liability Companies or other forms must switch to practicing under the form of Law Firm or Partnership Law Firm as prescribed by the Lawyer Ordinance and this Decree.

Article 43. Effective Date

This Decree takes effect fifteen days from the date of signature.

Ministers, heads of ministerial-level agencies, heads of agencies under the Government, Chairpersons of provincial people's committees directly under the central government shall be responsible for implementing this Decree within the scope of their functions, duties, and authorities.

The Minister of Justice is responsible for guiding the implementation of this Decree.