Law No.65/2006/QH11 of the National Assembly on Lawyers
Pursuant to Articles 103 and 106 of the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10 of December 25, 2001, of the Xth National Assembly, the 10th session;
The Law on Lawyers, which was passed on June 29, 2006, by the XIth National Assembly of the Socialist
Republic of Vietnam at its 9th session.
President of the Socialist Republic of Vietnam
NGUYEN MINH TRIET
Article 1.- Governing scope
This Law provides for the principles, conditions, scope and forms of professional practice by, as well as criteria, rights and obligations of, lawyers, law-practicing organizations and socio-professional organizations of lawyers; the management of law practice and professional practice by foreign law-practicing organizations and foreign lawyers in Vietnam.
Article 2.- Lawyers
Lawyers are persons who fully the meet the criteria and conditions for professional practice under the provisions of this Law and provide legal services at the request of individuals, agencies or organizations (hereinafter collectively referred to as clients). Article 3.- Social functions of lawyers
Legal professional activities aim at contributing to the protection of justice, the economic development and the building of an equitable, democratic and civilized society.
Article 4.- Legal services provided by lawyers
Legal services provided by lawyers include participation in legal proceedings, provision of legal consultancy, representation of clients beyond legal proceedings and other legal services.
Article 5.- Principles for law practice 1. Observance of the Constitution and law.
2. Observance of the rules on legal professional ethics and conducts. 3. Independence, honesty and respect for objective truths.
4. Use of lawful measures for the best protection of clients’ legitimate rights and interests.
5. Accountability before law for law-practicing activities. Article 6.- Principles for management of law practice
The management of law practice shall comply with the principle of combining the state management with the promotion of self-control of socio-professional organizations of lawyers, ensuring the observance of law and the rules of legal professional ethics and conducts.
Article 7.- Socio-professional organizations of lawyers
Socio-professional organizations of lawyers are set up to represent lawyers and protect their legitimate rights and interests, provide professional training and retraining for lawyers, oversee lawyers in their observance of law and rules of professional ethics and conducts, and manage law practice in accordance with this Law.
Socio-professional organizations of lawyers include bar associations in provinces and centrally run cities and the national lawyers’ organization.
Article 8.- Encouragement of pro bono legal aid
The State encourages lawyers and law-practicing organizations to provide pro bono legal aid.
Article 9.- Prohibited acts
1. Lawyers are forbidden to commit the following acts:
a/ Providing legal services to clients who have conflicting interests in the same criminal, civil or administrative case or civil affair (hereinafter collectively referred to as cases and affairs) as provided for by law;
b/ Intentionally supplying forged or untruthful documents or material evidences; instigating detainees, the accused, defendants or involved persons to make untruthful declarations or instigating clients to make complaints, denunciations or petitions in contravention of law;
c/ Disclosing information on cases, affairs or clients they have acquired in the process of professional practice, unless it is agreed by clients in writing or otherwise provided for by law.
d/ Harassing or deceiving clients;
e/ Receiving or asking for any money amounts or benefits other than remunerations and charges agreed upon with clients in legal service contracts;
f/ Establishing contacts or relations with persons conducting or participating in legal
proceedings or with cadres or civil servants to act in contravention of law in the settlement of cases or affairs;
g/ Abusing law practice or the lawyer’s title to cause harms to national security, social order or safety, infringing upon the State’s interests, public interests or legitimate rights and interests of agencies, organizations or individuals.
2. Agencies, organizations and individuals may not commit acts of obstructing lawyers from practicing their profession.
Article 10.- Criteria of lawyers
Vietnamese citizens who are loyal to the Fatherland, observe the Constitution and law, have good moral qualities, possess a law bachelor diploma, have been trained in legal profession, have gone through the probation of legal profession and have good health for law practice may become lawyers.
Article 11.- Conditions for law practice
A person who meets all the criteria specified in Article 10 of this Law, if wishing to practice law, must possess a law practice certificate and join a bar association. Article 12.- Lawyer training
1. A person who possesses a law bachelor diploma may register to participate in a lawyer-training course at a lawyer-training establishment.
2. The lawyer-training duration is six months.
A person who completes the lawyer-training program shall be granted a graduation certificate by the concerned lawyer-training establishment.
3. The Justice Minister shall provide a framework program for lawyer training and the recognition of lawyer training overseas.
4. The Government shall provide for lawyer-training establishments. Article 13.- Persons exempt from lawyer training
1. Those who have been judges, procurators or investigators. 2. Professors, associate professors of law; doctors of law.
3. Those who have been senior court examiners; senior procuracy inspectors; senior legal experts, researchers or lecturers.
4. Those who have been principal court examiners or principal procuracy inspectors; principal legal experts, researchers or lecturers.
Article 14.- Law practice probation
1. Persons who possess lawyer-training certificates may take probation at law-practicing organizations.
Unless it is reduced according to the provisions of Clauses 2 and 3, Article 16 of this Law, the law practice probation lasts 18 months. The probation duration is counted from the date of probation registration at a bar association.
Law-practicing organizations shall assign lawyers to guide probationers in the practice of law.
2. Law probationers shall register their probation with the bar associations of localities where law-practicing organizations in which they are taking probation are based. Bar associations shall oversee the observance of the Regulation on law practice probation.
3. Law probationers may assist instructing lawyers in professional activities; must neither accept nor provide legal services for clients.
4. Upon the expiration of the probation period, instructing lawyers shall give written comments on probation results of probationers and send those comments to the bar associations where they register their probation.
5. The law-practice probation shall comply with the relevant Regulation promulgated jointly by the Justice Ministry and the national lawyers’ organization. Article 15.- Testing of law practice-probation results
1. The Ministry of Justice shall assume the prime responsibility for, and coordinate with the national lawyers’ organization in, testing law practice-probation results. 2. Law practice-probation results are tested by a council composed of a representative of the Justice Ministry’s leadership as its chairman and representatives of the national lawyers’ organization and some lawyers as its members. The council’s membership is decided by the Minister of Justice.
The council shall test law practice-probation results according to the Regulation on law practice probation.
3. Persons who pass law practice-probation tests shall be granted certificates by the Justice Minister at the request of the law practice probation result-testing council. Article 16.- Persons entitled to law practice probation exemption or reduction 1. Persons who are exempt from lawyer training as specified in Clauses 1, 2 and 3, Article 13 of this Law are also exempt from law practice probation. 2. Persons who are exempt from lawyer training as specified in Clause 4, Article 13 of this Law are entitled to reduction of two-thirds of the law practice- probation duration.
3. Persons who have worked as legal experts, researchers or lecturers or as court examiners or procuracy inspectors for 10 years or more are entitled to reduction of half
of the law practice-probation duration.
Article 17.- Grant of law practice certificates
1. Persons who pass law practice-probation tests shall file dossiers of application for law practice certificates with the managing boards of the bar associations where they register their probation. A dossier of application for such a certificate comprises:
a/ An application for a law practice certificate;
b/ A curriculum vitae;
c/ A judicial record card;
d/ A copy of the law bachelor or master diploma;
e/ A copy of the lawyer-training certificate or paper evidencing the lawyer-training exemption according to the provisions of Clause 4, Article 13 of this Law; f/ A copy of the law practice-probation certificate;
g/ A health certificate.
Within 7 working days after receiving a complete dossier, the managing board of the concerned bar association shall send, together with the dossier, a written proposal for the grant of a law practice certificate to the Justice Ministry.
2. Persons entitled to lawyer-training and law practice probation exemption shall file dossiers of application for law practice certificates with the Justice Ministry. Such a dossier comprises:
a/ An application for a law practice certificate; b/ A curriculum vitae;
c/ A judicial record card;
d/ A copy of the law bachelor, master or doctorate diploma;
e/ Papers evidencing the lawyer-training exemption under the provisions of Clauses 1, 2 and 3, Article 13 and law practice probation exemption under the provisions of Clause 1, Article 16, of this Law;
f/ A health certificate.
3. Within 30 days after receiving complete dossiers of application for law practice certificates, the Justice Minister shall grant such certificates; in case of refusal, he/she shall notify the applicants and the managing boards of concerned bar associations thereof in writing, clearly stating the reasons therefor.
If their applications for law practice certificates are rejected, the applicants may lodge complaints in accordance with law.
4. Persons falling in one of the following cases are not granted law practice certificates: a/ Working as cadres, officials or civil servants; as officers, professional personnel or defense workers in agencies or units of the people’s army; as commanding or professional officers or non-commissioned officers in agencies or units of the people’s security forces;
b/ Not permanently residing in Vietnam;
c/ Being examined for penal liability; having been sentenced for unintentional crimes or less serious intentional crimes and their criminal records have not yet been remitted; having been sentenced for serious, very serious or particularly serious intentional crimes;
d/ Being confined to a medical treatment establishment or reformatory as an administrative sanctioning measure or to administrative probation; e/ Having lost their civil act capacity or having a restricted civil act capacity; f/ The persons defined at Point a of this Clause who have been dismissed for under three years, counting from the date the dismissal decision takes effect.
Article 18.- Withdrawal of law practice certificates
1. The law practice certificate granted to a person shall be withdrawn if he/she falls in one of the following cases:
a/ Working as a cadre, official or civil servant; as an officer, professional personnel or defense worker in an agency or unit of the people’s army; as a commanding or professional officer or non-commissioned officer in an agency or unit of the people’s security force;
b/ No longer residing in Vietnam;
c/ No longer satisfying lawyers’ criteria specified in Article 10 of this Law; d/ Being disciplined in the form of having his/her name deleted from the list of lawyers of a bar association;
e/ Being deprived of the right to use the law practice certificate; f/ Having been sentenced and the sentence has taken legal effect.
2. The Justice Minister has the power to withdraw law practice certificates and stipulate procedures for the withdrawal of those certificates.
Article 19.- Re-grant of law practice certificates
1. A person whose law practice certificate has been withdrawn according to the provisions of Point a, b or c, Clause 1, Article 18 of this Law may be considered for the re-grant of that certificate when they fully meet the criteria specified in Article 10 of this Law.
2. A person whose law practice certificate has been withdrawn according to the provisions of Point d, e or f, Clause 1, Article 18 of this Law may be considered for the re-grant of that certificate when they fully meet the criteria specified in Article 10 of this Law and one of the following conditions:
a/ Three years have passed after the decision to withdraw the law practice certificate is issued to the lawyer who is disciplined in the form of having his/her name deleted from the list of lawyers of a bar association;
b/ The law practice certificate has been withdrawn because the lawyer has been deprived of the right to use that certificate for a definite period and that period has expired.
c/ The law practice certificate has been withdrawn because the lawyer has been sentenced for an unintentional crime or a less serious intentional crime, and his/her criminal record has been remitted after serving the penalty.
3. A person whose law practice certificate is withdrawn because of being deprived of the right to use that certificate for an indefinite period or having been sentenced for a serious, very serious or particularly serious intentional crime shall not be considered for the re-grant of a law practice certificate.
4. Procedures for the re-grant of law practice certificates shall comply with the provisions of Article 17 of this Law.
Article 20.- Joining bar associations
1. A person who possesses a law practice certificate may join a bar association of his/her choice for law practice.
2. A person who possesses a law practice certificate shall send a dossier for joining a bar association to that association’s managing board. Such a dossier comprises: a/ A written registration of joining the bar association;
b/ A curriculum vitae;
c/ A copy of the law practice certificate; d/ A legal record card;
e/ A health certificate.
3. Within 10 working days after receiving a complete dossier for joining a bar association, the managing board of the bar association shall consider and decide on such joining; if the applicant falls in one of the cases defined in Clause 4, Article 17 of this Law, the managing board shall reject the application and state in writing the reasons therefor. The rejected applicant may lodge his/her complaint in accordance with Article 87 of this Law.
4. A person joining a bar association shall be granted a lawyer’s card by the national lawyers’ organization at the request of the bar association. The time limit for the grant of a lawyer’s card must not exceed 30 days from the date the lawyer joins the bar association.
5. A lawyer who moves from one bar association to another shall fill in procedures to have his/her name deleted from the list of lawyers of the bar association of which he/she is a member in order to move to the new one and have his/her lawyer’s card renewed. Article 21.- Rights and obligations of lawyers
1. Lawyers have the following rights:
a/ To practice law, to select forms of law practice and forms of law-practicing organization in accordance with this Law;
b/ To practice law in the Vietnamese territory; c/ To practice law overseas;
d/ Other rights as provided for by this Law.
2. Lawyers have the following obligations: a/ To observe the law practice principles;
b/ To take lawful measures to protect legitimate rights and interests of their clients; c/ To participate in legal proceedings in cases at the request of legal proceedingconducting agencies.
d/ To provide pro bono legal aid;
e/ Other obligations as provided for by this Law.
Section 1. LAW PRACTICE BY LAWYERS
Article 22.- Practicing scope
1. Participating in legal proceedings as defense counsels for detainees, the accused or defendants or as defenders of interests of victims, claimants or respondents in civil cases, or of people with related interests and obligations in criminal cases. 2. Participating in legal proceedings as representatives or defenders of legitim
Law No.26/2008/QH12 dated November 28, 2008 of the National Assembly on Enforcement of Civil Judgments
© Copyright: 2011 DRAGON LAW FIRM - All rights reserved