Conditions on Legal Services (CPC 861)
1. Legal Based
- WTO, FTAs, AFAS
- Law on Lawyer No. 65/2006 / QH11 dated June 29, 2006
- Law amending and supplementing a number of articles of the Law on Lawyers, No. 20/2012 / QH13 dated November 20, 2012
- Law amending and supplementing a number of articles of the Law on Intellectual Property No. 36/2009 / QH12 dated June 19, 2009
2. Detail Conditions
2.1. WTO, FTAs, AFAS
a) Forms of organization
Foreign lawyer’s organization (means an organization of a practicing lawyer established in a foreign country by one or more foreign lawyers or law firms in any form of commercial company, including law firms, public limited liability law firms, joint stock law firms) are allowed to establish a commercial presence in Vietnam in the following forms:
- Branches of foreign lawyers organizations.
- Subsidiaries of foreign lawyers organizations.
- Foreign law firm (is an organization established by one or more foreign lawyers organizations in Vietnam for the purpose of practicing law in Vietnam).
- A partnership between a foreign lawyers organization and a Vietnamese law partnership.
Commercial presence of foreign lawyers organizations is allowed to consult Vietnamese law if the consulting lawyer has graduated from a Vietnamese law university and meets the requirements applicable to similar Vietnamese lawyers.
b) Scope of activities:
Foreign lawyers organizations are allowed to provide various types of legal services, except:
- Participate in the proceedings as an advocate or represent his client before the Court of Vietnam;
- Legal documentation and notarization services related to Vietnamese law.
2.2. Vietnam’s Regulations
a) Investment form
- Branches of foreign law-practicing organizations.
- Law firm with 100% foreign capital.
- Joint venture limited liability law firm.
- A law firm in a partnership between a foreign law firm and a Vietnamese law partnership.
b) Scope of Services
- Legal consulting and other legal services.
- Not to appoint foreign lawyers and Vietnamese lawyers in their practicing organizations to participate in the proceedings as their representatives, defense counsels, defense counsels of legitimate rights and interests in court. Vietnamese judgments or performing legal papers and notarization services related to Vietnamese law.
- Not to provide industrial property representation services or industrial property assessment services.
c) Foreign investors: have been established and are practicing law in foreign countries.
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