LEGAL REGULATIONS ON FOREIGN LAWYERS PRACTICING LAW IN VIETNAM

According to Article 76 of the Law on Lawyers 2006, amended and supplemented in 2012, foreign lawyers practicing law in Vietnam are entitled to foreign and international law consultancy and are not allowed to participate in proceedings as representatives, advocates, defenders of legal rights and interests of litigants before Vietnamese courts.

1. Conditions for practicing foreign lawyers in Vietnam

Pursuant to the provisions of Article 74 of the Law on Lawyers 2006, amended and supplemented in 2012, the conditions that foreign lawyers must fully meet when practicing law in Vietnam include: 

1. • First, lawyers must have a valid law practice certificate issued by a competent authority of a foreign country.
   • Second, lawyers must have experience in advising foreign and international laws.
   • Third, lawyers must commit to complying with Vietnamese laws and the Code of Ethics and Professional Conduct of Vietnamese lawyers.
   • Fourth, lawyers must be appointed to practice in Vietnam by foreign law practicing organizations or approved by branches, foreign law firms in Vietnam or Vietnamese law practice organizations.
2. Forms of practice of foreign lawyers in Vietnam

Pursuant to the provisions of Article 75 of the Law on Lawyers 2006, amended and supplemented in 2012, foreign lawyers may practice law in Vietnam in the following forms:

• Working as a member for a branch or a foreign law firm in Vietnam.

• Working under contracts for branches, foreign law firms, Vietnamese law practice organizations.

III. Procedures for licensing to practice law in Vietnam by foreign lawyers

Foreign lawyers practicing in Vietnam must submit a dossier of license to practice law in Vietnam to the Ministry of Justice. Article 82 of the Law on Lawyers 2006, amended and supplemented in 2012 stipulates procedures for licensing foreign lawyers to practice law in Vietnam as follows:

- Competent authority: Ministry of Justice

- Order of implementation:

• Foreign lawyers shall send application and fees for application for a license to practice law in Vietnam to the Ministry of Justice.

• The Ministry of Justice shall consider and issue licenses to practice law in Vietnam to foreign lawyers within thirty days from the date of receipt of complete valid dossiers and fees.

• In case the Ministry of Justice refuses to grant a license to practice law in Vietnam to a foreign lawyer, it must issue a written notice clearly stating the reasons for refusal.

- A foreign lawyer's dossier of a license to practice law in Vietnam includes:

• An application for a license to practice law in Vietnam;

• A document certifying that a lawyer of a foreign law practice organization is appointed to practice in Vietnam or a document certifying the recruitment of a branch, foreign law firm in Vietnam, a Vietnamese law practice organization, where the foreign lawyer is expected to work;

• Copy of Certificate to practice law; professional resume summary; Criminal record card or other alternative document.

- Result: License to practice law in Vietnam

Note:

• Foreign lawyers' license to practice law in Vietnam is valid for 05 years and can be renewed, each renewal does not exceed 05 years.

• A foreign lawyer's license to practice law in Vietnam replaces a work permit in accordance with Vietnamese law on issuance of work permits to foreign citizens working in Vietnam.

Above is an article analyzing the basic regulations on foreign lawyers practicing law in Vietnam. Thus, foreign lawyers to be able to practice in Vietnam must meet the conditions and procedures specified in the Law on Lawyers 2006, amended and supplemented in 2012 and other relevant documents.