Legal service (CPC 861)
1. Legal Based
WTO, FTAs, AFAS
Lawyers Law No. 65/2006/QH11 dated June 29, 2006
Law amending and supplementing a number of articles of Law on Lawyers, No. 20/2012/QH13 dated November 20, 2012
Law on Intellectual Property Amended and Supplemented, No. 36/2009/QH12 dated June 19, 2009
2. Detailing Conditions
2.1. WTO, FTAs, AFAS
a) Foreign lawyer’s organization (which is an organization of practicing lawyers established in a foreign country by one or more foreign lawyers or public law under any form of commercial company, including law firm, limited liability law firm, etc.). law firms, joint stock law firms) are allowed to establish commercial presence in Vietnam in the following forms:
– Branches of foreign lawyers’ organizations.
– Subsidiaries of foreign law organizations.
– Foreign law firm (an organization established in Vietnam by one or more foreign law organizations for the purpose of practicing law in Vietnam).
– A partnership between a foreign law firm and a Vietnamese law partnership. The commercial presence of a foreign lawyer organization is allowed to provide Vietnamese law advice if the consulting lawyer has graduated from a Vietnamese law university and meets the requirements applicable to similar Vietnamese lawyers.
b) Scope of operation: foreign lawyer organizations are allowed to provide all types of legal services, except:
– Participating in legal proceedings as a defense counsel or representing his or her clients before the Vietnamese Courts;
– Legal document service and notarization related to Vietnamese law.
2.2. The law of Vietnam:
a) Investment form
– Branches of foreign law-practicing organizations.
– 100% foreign owned limited liability law firm.
– Limited liability law firm in the form of a joint venture.
– A partnership law firm between a foreign law-practicing organization and a Vietnamese law partnership.
b) Scope of operation
– Provide legal advice and other legal services.
– Not to appoint foreign lawyers and Vietnamese lawyers in their practice organizations to participate in the proceedings as representatives, defense counsels, defenders of the legitimate rights and interests of the involved parties before the Court. Vietnamese court or perform services on legal documents and notarization related to Vietnamese law.
– Not allowed to trade in industrial property representation services, industrial property assessment services.
c) Foreign investors: they have been established and are lawfully practicing law abroad.
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