Law 20/2012/qh13: Modifying, Supplementing Some Articles Of The Law On Lawyers

Original Language Title: Luật 20/2012/QH13: Sửa đổi, bổ sung một số điều của Luật Luật sư

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CONGRESS
Number: 20 /2012/QH13
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, November 20, 2012

LAW.

S Change, add a number of things. L Oh, L -Yeah.

____________

- What? n Come on Hi. What? The constitution of the Socialist Republic of Vietnam in 1992 was amended, adding some to the resolution of the United States. Stain. 51/200 1 /Q H1 0;

Qu Stain. The Congress of Law. S Fuck. socket i, b socket sung some of the rules of the Law L -Yeah. 65 /2006/QH 11 .

What? 1 . Modify, add some of the rules of the Law L Master:

1. Article 3 is modified, adding as follows:

" Article 3. X Function Oh, the congregation of l -Yeah.

The occupational activity of lawyers contributes to the protection of justice, the freedoms, the democracy of the citizens, the right, the legitimate interests of the individual, the agency, the organization, the economic development-the society, the building of the Socialist Republic of Vietnam, the democratic society, Fair, civilized. "

2. Article 6 is modified, adding as follows:

" What? 6. Danger Hey. Lawyer and lawyer practice.

1. Lawyer management and practice law is done in accordance with the principle of combining state management with the self-governing regime of the social organization-the profession of the lawyer, the organization of law enforcement.

2. Social organization-the profession of the lawyer, the organization of the practice of law enforcement of the management of lawyers and the practice of lawyers of its organization under the provisions of this Law, the Charter of the Union of Vietnam Lawyers and the Code of Ethics and Occupational Behavior. Vietnam.

The state unified the law and practice of law as defined by the law. "

3. Article 9 is modified, adding as follows:

" Article 9. Behavior Seriously. prohibition

1. Strict the law enforcement of the following acts:

a) To provide legal services to customers with a right to the right of each other in the same criminal case, the civil case, the administrative case, the civil service, other matters under the rule of law (the following are the case, the work);

b) intentionally to provide or guide customers to provide documents, false witnesses, false facts; inciting persons to be suspended, defendant, defendant, to mislead the truth or incitement to customer complaints, denuces, laws of law;

c) disclose information about the case, the work, about the customer that he is aware of while the practice, unless the case is agreed by the client by writing or other regulated legislation;

d) The noise of perturbation, the deception of the customers;

) Receiving, which requires any extra money, other benefits from clients beyond the payback and the cost of having a deal with the customer in the legal service contract;

e) hook, relations with the person who conducts proceedings, who participate in proceedings, officials, officials, other officials to do the opposite of the law in solving the case, the;

) To take advantage of the practice of law, the name of the lawyer to adversely affect national security, order, social security, breach of the interests of the state, public interest, rights, the legitimate interests of the agency, the organization, the individual;

h) Receivable, requiring any amount of money, other benefits of carrying out legal assistance to clients belonging to the subject of the benefit of the legal assistance under the law; from the denial, the accepted requirement of the legal aid organization, of the United States. the authorities conduct proceedings, except for the unimpediability or by the rule of law;

i) There are words, personal derogation, agency, organization during the course of the proceedings;

K) Self or help customers perform laws that are aimed at procrastalling, prolonged or difficult to conduct, obstruct the activities of the proceedings and other state agencies.

2. Strict the agency, the organization, the individual whose behavior impede the practice of the lawyer ' s practice. "

4. Article 12 is modified, adding as follows:

" Article 12. Vocational training.

1. The person with a bachelor ' s degree in law is attended to the vocational training training facility at the vocational training facility.

2. The training period for a lawyer is twelve months.

The person who completed the vocational training program was trained as a solicitor for the vocational training of the profession.

3. The government provides for a vocational training facility.

4. The Minister of Justice regulates the training framework for the training of lawyers, the recognition of vocational training abroad. "

5. Article 14 is modified, adding as follows:

" Article 14. Set s Well, Lawyer.

1. The person with a Certificate of Vocational Training in Law and Regulation at paragraph 2 Article 16 of this Law is set to practice law enforcement.

The practice time of law practice is twelve months, except for the specified case at paragraph 2 and paragraph 3 Article 16 of the Law. The practice of practicing law is calculated from the date of the school's registration.

The organization of law enforcement lawyers instructs the practice of practicing law enforcement. The practice lawyer must be the person with at least three years of law enforcement experience and is not in the case of being disciplined under the provisions of Article 85 of this Law. At the same time, a lawyer was not instructed to take too three of the participants.

2. The practice of practicing law ensigns at a local law enforcement organization where the organization of the organization is held in law, and is certified as a lawyer by the Law Corps.

The attorney corps is responsible for overseeing the practice of practicing law.

3. The practice of practicing law is helped by lawyers in occupational activities but is not represented, defended, protected and legally entitled to the client at the trial, unsigned by the law.

The practice of practicing law enforcement is accompanied by a lawyer to meet with the person who is suspended, defendant, defendant, who is harmed, the civil plaintim, civil defendant, and who has the rights, the obligation in connection with the criminal case, the plaintiffs, the defendant, and others. in the civil case, the administrative case when it was agreed; to help lawyers guide the study of the case, the work, the collection of documents, objects, the details associated with the case, the work and other occupational activities; the legal counsel, the prosecution. and make other legal services according to the assignment of the guidance lawyer when being agreed by the customer.

The guidance lawyer must monitor and be responsible for the activities of the practice of practicing law stipulated at this paragraph.

4. The Minister of Justice specifically regulates the practice of practicing law. "

6. Article 15 is modified, added as follows:

" Article 15. Check out the results of practice law enforcement

1. The participant examination of the practice of practice law practice is that the practice has completed the time of practice under the provisions at paragraph 1 Article 14 of this Law. The board of the board of lawyers review, a list of eligible persons to attend examination of the results of the practice of law sent to the Vietnam Bar Federation.

The person who is exempt from practicing law enforcement under Article 16 of the Law is not required to test the results of the practice of law practice.

2. The Vietnam Bar Association organizes an examination of the practice of practicing law.

The examination of the results of the practice of law practice led by the Council examining the conduct of the law conducted; the member of the Council consists of the Chairman or a Vice President of the Vietnam Lawyers Federation as President, the Board of the Board a number of lawyers and members. Some lawyers are members. A list of members of the Council appointed by the President of Vietnam.

The person who has been asked to examine the results of the practice of practicing law is certified by the Board of the Board to examine the results of the practice of law enforcement.

3. The Ministry of Justice has the responsibility of guiding and overseeing the organization of the examination of the exercise of law enforcement. "

7. Article 16 is modified, added as follows:

" Article 16. He is exempt, reducing the time of practicing law.

1. The person who has been a judge, auditor, senior investigator, senior investigator, professor, associate professor of law, law doctorate, high court chief inspector, senior examination of the Auditor, Senior Specialist, Research Fellow, Ph.D. Senior lecturer, senior lecturer in the field of law, is exempt from the practice of law.

2. The person who has been the primary investigator, the Court chief investigator, the chief auditor of the Forest Service, the chief expert, the chief investigator, the chief lecturer in the field of law is reduced by two-thirds of the practice of practicing law.

3. People who have time to work in professional tranche, research, faculty, faculty members, examination of the Court, a ten-year examination of the Auditor's Office, are reduced by half the time of practicing law enforcement. "

8. Article 17 is modified, adding as follows:

" Article 17. Certificate of law enforcement

1. The person who has been asked to examine the results of a practice of law enforcement has the case of a certificate granting the practice of attorney general to the Board of Lawyers.

The profile consists of:

a) The application of the Certificate of Certificate of Law enforcement by the template issued by the Ministry of Justice;

b) judicial logic;

c) Health certification;

d) How to send a law degree or a copy of a master's degree;

The copy of the certificate is to test the results of the practice of law.

During the seven-day period of work, since the date of the receiving of a valid dosages, the Board of the Board of Counsel transfers the case to the Department of Justice accompanying the confirmation that the certificate granting the practice of a lawyer to be eligible for a lawyer by the rules of the law.

2. The person who is exempt from the practice of a lawyer has a certificate of granting a certificate of law enforcement to the Department of Justice where the person resides.

The profile consists of:

a) The identification papers at the points a, b and c paragraph 1 This Article;

b) The paperwork stipulated at the end of this article, except those who are professors, associate professors in law, doctor of law;

c) The copy of the proof paper is that the person who is exempt from the practice of law stipulated at 1 Article 16 of this Law.

3. In the seven-day period of work, since the date of receiving valid files, the Department of Justice has a responsibility to examine the case, in case it is necessary to conduct verification of the validity of the case and have the proposed text accompanying the certificate of law enforcement. to the Ministry of Justice.

In the twenty-day period, since the date of the receiving of valid dosages, the Minister of Justice decided to issue a certificate of law practice; in the case of refusing to inform written and stating the reason for the recommended certificate of law enforcement and the Department of Law. The judiciary where the records offer a certificate of law enforcement.

The person who is denied the certificate of law enforcement has the right to complain, the statutory complaint.

4. The person belonging to one of the following cases is not granted a law enforcement certificate:

a) There is not sufficient law standard in Article 10 of this Law;

b) Being cadres, civil officials, officials; officers, professional servicemen, defense workers in the agency, unit of the Army of the People; officer, corporal officer, worker in the agency, unit of the People ' s Security;

c) Non-resident in Vietnam;

d) Being in search of criminal responsibility; having been convicted of having not been cleared of a case of unintended crime or misdemeanor charges due to intentional offences; has been convicted of serious crimes committed by intentional offences, serious crimes committed by intentional offences, grave crimes committed by the government. I mean, the whole case has been deleted.

This is being applied to the mandatory treatment facility, compulsory educational institution;

e) that the power of the people, or of the power of the people, shall be limited;

g) The people who stipulate at this b point are forced to quit without a three-year expiration date, since the date of the decision is forced to take effect. "

9. Article 18 is modified, added as follows:

" Article 18. Certificate of law enforcement

1. The person who has been granted a certificate of law enforcement that belongs to one of the following cases has been revoked Certificate of Law practice:

a) There is no longer qualified lawyer standard at Article 10 of this Law;

b) employed, appointed officials, officials, officials; officers, professional servicemen, defense workers in the agency, unit of the Army of the People; officer, corporal officer, worker in the agency, unit of the People's Security;

c) There is no permanent resident in Vietnam;

d) Not joining a law corps for a two-year term, since the date of the certificate of law practice;

Not established, participating in the establishment or working under a labour contract for an organization to practice a lawyer or to register as an individual in a three-year term, since the date of accession of the Law Corps;

e) Let him practice as a lawyer by prayer;

g) Being disciplined by the form of a name removed from the list of lawyers.

h) Being executed on administrative charges using the use of a law practice certificate has a deadline; being applied to the administrative treatment of an obligate rehab facility, compulsory educational institution;

i) The conviction that the sentence has been in effect of law;

l) Lose the capacity of civilian behavior or to limit the competence of civil conduct.

2. The Minister of Justice has the authority to revoking the certificate of law enforcement and rules the procedure to revoking the certificate of law enforcement. In the case of the Minister of Justice, the decision to revoking a certificate of law was to inform the Vietnamese lawyer to revoking the lawyer's card. "

10. Article 19 is modified, added as follows:

" Article 19. Grant certificate of law enforcement

1. The person who has been revoked Certificate of conduct law rules at points a, b, c, e and k 1 Article 18 of this Law is considered to grant Certificate of Occupational Certification in response to the sufficient law standards in this Law and the grounds of the revoked certificate. No, just not.

2. The person who has been revoked of the Certificate of Law practice at the point and point 1 Article 18 of this Law is considered to grant a Certificate of Vocational Practice when it is recommended to grant a Certificate of Law practice.

3. The person who has been revoked Certificate of conduct law rules at the points g, h and i paragraph 1 Article 18 of this Law is considered to grant the Certificate of Law practice when there is sufficient standard at Article 10 of this Law and belonging to one of the following conditions:

a) After a three-year period, since the date of the decision to recall the Certificate of Law practice due to a disciplined trial by the removal of the name from the lawyer's list;

b) The rule of use of a law practice practice has expired or has agreed to apply administrative treatment to mandatory treatment, compulsory educational institution;

c) Have been cleared of the case except for the specified case in paragraph 4.

4. The person who revoked the practice of an attorney general's practice of being convicted of serious crimes committed by intentional crimes, serious crimes committed by intentional aggravated assault, was not issued to the Certificate of Law.

5. The procedure of issuing a Certificate of Law practice is executed as stipulated at Article 17 of this Law.

11. Article 20 is modified, adding as follows:

" Article 20. G. Ah. Input Oh. n l -Yeah.

1. The person with a certificate of law enforcement has the option to join a division of lawyers to practice law enforcement.

The person who joined the Corps of Lawyers must work under the labor contract for the organization of law enforcement, practice as an individual under the labor contract for the agency, organization or establishment, to participate in the establishment of a lawyer practice under the rules of law. This law is in the locality where the Lawyer is based.

2. The person with a certificate of law enforcement sent a file to join the Attorney General to the Board of Lawyers. The records of the union of lawyers include:

a) A petition to join the Corps of Lawyers by the Federation of Vietnam Lawyers;

b) The legal calendar for the filing of a law enforcement case for six months, since the date of the Certificate of Law,

c) A certificate of law enforcement.

3. During the seven-day period of work, since the date of receiving enough records from the Lawyer Corps, the Board of Lawyers review, the decision is made to join the Corps of Lawyers; if the applicant has joined the Law Corps belonging to one of the prescribed cases at Paragraph 4 Article 17 of the Law, the Board of the Lawyers ' Board refuses to join and inform the degree of written reasons. The rejected person has the right to complain by regulation at Article 87 of this Law.

4. During the seven-day period of work, since the date of the decision to join the Corps of Lawyers, the Board of the Board of Lawyers has the responsibility to send the text of the recommendation of the Vietnam Bar Association to issue a lawyer's card to the member of the Corps of Lawyers. The Law Card deadline is no more than twenty days, since the date of the recipient's recommendation was received.

A lawyer card has a non-term value, which is changed when the lawyer transfers the lawyer or when it is lost, broken.

5. In a three-year term, since the date of the Solicitor Card, the lawyer does not work under the employment contract for the organization of law enforcement, practice as an individual under the labor contract for the agency, organization or non-establishment, participating in the organization. As a local lawyer, where a lawyer or a lawyer does not practice a lawyer in a five-year period of continuity after being granted a lawyer's card, the Board of the Attorney General's Board of Lawyers erased that lawyer from the list of lawyers and recommended it. The Vietnamese lawyer revoked the lawyer's card.

6. The lawyer transferred the attorney general to the Board of Counsel, which he is a member of the proposed paperwork from the attorney general's list.

During the five-day period of work, since the date received the offer, the Chairman of the Law Corps decided to remove the name to the lawyer from the Corps ' attorney list, and sent the delegation's recommendation to the law. Where the lawyer planned to join.

The procedure of integration of the Bar and the Law Card exchange is carried out by regulation at paragraph 3 and paragraph 4 This. During the time of the Lawyer's Card, the lawyer continues to use the Attorney's Card to be used to practice and resubmit as soon as the lawyer's card is exchanged. "

12. Article 21 is modified, adding as follows:

" Article 21. The right, the duty of the lawyer.

1. The lawyer has the following rights:

a) The law is guaranteed by law to practice law by the provisions of this Law and the provisions of the relevant law;

b) represent the customer in accordance with the rule of law;

c) An act of law, choosing the form of law practice and the form of organizational law enforcement under the provisions of this Law;

d) To practice law in the entire territory of Vietnam;

Practice law abroad;

e) Other rights under the provisions of this Law.

2. The lawyer has the following obligations:

a) Follow the principles of law practice stipulated in Article 5 of this Law;

b) The seriousness of the procedure and the relevant regulations in relation to the agencies conduct proceedings; there is a cooperative attitude, respect for the conduct of the proceedings that the lawyer comes into contact with;

c) Participation in full, timely proceedings in the cases led by the agency to conduct the request;

d) To implement legal assistance;

Participating in professional, professional, professional, professional.

e) Other obligations under the provisions of this Law. "

13. Article 23 is modified, adding as follows:

" Article 23. Figure Come on Lawyer's practice.

The lawyer is selected one of the following two forms of practice:

1. The practice of practicing law enforcement is done by the establishment or participation of the organization of law practice; working on a labor contract for the organization of law practice;

2. Acts as a prescribed individual at Article 49 of this Law. "

14. Article 27 is modified, adding as follows:

" Article 27. Act as a lawyer.

1. The activity of the proceedings of the lawyer must follow the rule of law on the proceedings and the Law.

2. When joining the proceedings as the defender of the right, the legitimate interests of the incumbent in the civil case, the administrative case, the protection of the right, the legitimate interests of the harm, the civil plaintiffs, the civil rights, the right, the relevant obligation in the The criminal case, the lawyer's publishing attorney, and the client's solicitor's solicitor. During the three-day period of work, since the lawyer 's lawyer' s program and the client 's lawyer' s request for a lawyer, the agency conducts a Certificate of Certificate in Certificate of Litigation by the lawyer, the case of refusal to inform in writing and stating it. The reason.

In the case of a practicing law practice accompanied by a lawyer in civil affairs, the administrative case in accordance with Article 14 of Article 14 of the Law, when contacted by the individual, the agency, the organization, the law instructs the evidence. You know, take the practice of practicing law and paper-confirming a customer's consent.

3. When attending criminal proceedings as a defense, the lawyer is given the law to conduct a plea for the recipient of the plea, the Certificate of Plea is valid in the proceedings, except for the case of the person being held, the defendant, and the defendant. rejected or required to change a lawyer or lawyer not to participate in proceedings under the law.

When the proposal issued a plea for the defense, the lawyer published the following papers:

a) lawyer card;

b) The solicitor solicitor of the person to be held, defendant, accused, or of other persons or the law of the organization of the law to act as a lawyer where the lawyer is either a lawyer or a member of the law to act as a lawyer. case of participation in the criminal case in the criminal case of the agency to conduct proceedings or in the case of a legal aid.

In the case of a practicing law practice, accompanied by a lawyer in accordance with the statutory criminal case in paragraph 3 Article 14 of the Law, when it is recommended that the certificate grant a plea of a plea, the law instructs the instructions to submit to the Certificate of Petition. The practice of lawyers and papers confirms that the customer's consent to the agency conducts proceedings to offer permission to allow the person to be accompanied by the guidance lawyer.

Delays are three days of work or 24 hours for the case of a temporary hold, since receiving sufficient paperwork, the agency conducts the procedure for granting a plea to the lawyer, which allows the practice to practice a lawyer to participate in the case (if any); in case of refusal to inform written notice and specify a reason. The rejected person has the right to complain under the rule of law proceedings.

When it is necessary to contact individuals, agencies, organizations to exercise rights, obligations, and activities related to the defense of the criminal case, the lawyer's card program and the Law's Certificate of Defense.

4. The lawyer has only been denied a Certificate of Plea when belonging to one of the following cases:

a) The person who is held up, who is involved, is accused, accused or who represents the defendant, who is accused of being unborn, who has the defect of the mental or physical rejection of the lawyer;

b) The lawyer is the loved one of the person who was or was conducting proceedings in that case;

c) The lawyer has been involved in that case as a witness, a examiner or a translator;

d) The lawyer was the one who carried out the proceedings in that case.

5. The agency conducts proceedings, other state bodies and organizations, personally responsible for facilitefactors for the law to exercise the rights and obligations of the lawyer when practicing, not to interfere with the practice of a lawyer. "

15. Article 32 is modified, added as follows:

" 32. Figure Come on c socket The practice of law enforcement, the conditions of creation. socket Act as a lawyer.

1. The organization of law enforcement includes:

a) the office of the lawyer;

b) The law firm.

2. The organization of law enforcement is organized, operating under the provisions of this Law and the other regulation of the relevant law.

3. The condition of establishing a lawyer practice:

a) The established lawyer or participant in the establishment of a law enforcement organization must have at least two years of continuous practice working under the employment contract for the organization of law enforcement or practice as an individual under the employment contract for the agency, the organization. according to the provisions of this Law;

b) The organization of lawyers must have a headquarters.

4. A lawyer is only formed or involved in the establishment of a lawyer practice organization. In the case of lawyers in different groups of lawyers, the same law firm is able to choose to establish and register local activities where a member of the lawyer is a member of the law.

5. During the thirty-day period, since the date of the registration of the active registration, the established lawyers, the founding members of the organization of lawyers, are not members of the lawyers, where the organization of the law must be moved to join the law. Where the organization is organized by law or branch of the organization of law enforcement under the provisions of Article 20 of this Law. "

16. Article 39 is modified, added as follows:

" Article 39. The rights of the organization to practice law.

1. Implemonation of legal services.

2. Take revenge from the customer.

3. Rent a Vietnamese lawyer, foreign lawyer and employee who works for the organization of law enforcement.

4. Participate in the construction of the policy, law of the State; participate in consultation, addressing the affairs of the individual, the agency, the organization when asked.

5. Cooperation with the organization of foreign law enforcement.

6. The establishment of the branch, the trading office in the country.

7. Place the basis of overseas practice.

8. Other rights under the provisions of this Law and the other regulation of the law are involved. "

17. Article 40 is modified, adding as follows:

" Article 40. The obligation of t socket Act as a lawyer.

1. Activity according to the field of practice writing in the Active Registration Paper.

2. Do the right content that has interconnected with the customer.

3. Send the attorney general of his organization to the proceedings under the division of the attorney general.

4. Create a condition for the organization ' s lawyers to implement legal assistance and participate in the training, fostering for the lawyer.

5. The compensation damages the organization ' s lawyers cause to the customer.

6. Buy a career liability insurance for the organization ' s lawyers under the law of the insurance business.

7. Accept the regulation of this Law and the law on labor, taxation, finance, statistics.

8. Accept the requirements of the state agency to have jurisdiction over the reporting, inspection, inspection.

9. Take the practice of practicing law and send a lawyer who has qualified guidelines, faciliteit facilitations of the exercise, supervising the practice of the practice of practicing law.

10. Perform the management and guarantee of the organization's lawyers in compliance with the law, subject to the provisions of the Vietnam Bar Federation and the Vietnam Code of Ethics and Occupational Therapy.

11. Do the obligation to report on the organization and operation of its organization under the rule of law.

12. Other obligations under the regulation of the law are relevant. "

18. Article 45 is modified, added as follows:

" Article 45. Merger, merger and Chuy Okay. Change the form of organizational law.

1. Two or more law firms of the same type may merge into a new law firm by transferring all of the property, rights, obligations and benefits to the law firm, and the end of the existing law firms ' existence.

2. One or more law firms may merge into another law firm of the same type by transferring all of the assets, rights, obligations and benefits to the law firm to the merger, and the end of the existence of the merged law firm.

3. The attorney general 's office can convert to law firm on the basis of full succession rights, the obligations of the attorney general' s office under the rule of law.

The limited liability law firm a member is converted to a two-member limited liability law firm and vice versa; the limited liability law firm is converted into a code company, and vice versa. The law firm was converted to the full rights and obligations of the law firm being converted.

4. The government stipulated the merger, the merger, the transformation of the organizational form of law practice.

19. Article 49 is modified, added as follows:

" Article 49. Lawyer practice as an individual.

1. The law of practice as a private person is a lawyer who works under the labor contract for the agency, the organization is not a law enforcement organization.

2. The case of a consento-agreed labor contract law practice as the individual must purchase liability insurance for its practice in accordance with the law of the insurance business.

3. The law of practice as an individual is not offered legal services to the individual, the agency, the organization other than the agency, the organization itself has contracted the labor contract, unless the case is required by the state agency or to participate in proceedings in the criminal case. at the request of the agency to conduct the proceedings and carry out the legal assistance under the division of the lawyer whose lawyer is a member. "

20. Article 50 is modified, adding as follows:

" Article 50 . Practice Registration l -What? Oh. Personal personality.

1. The law practice as an individual registered to practice in the Department of Justice in the locality where the attorney general is a member.

The law practice as an individual must have a petition to register a statutory law by the Ministry of Justice issued by the Department of Justice, accompanied by the filing of the Department of Justice.

The profile consists of:

a) The copy of the certificate of law enforcement, the copy of the lawyer's card;

b) The copy of the labor contract signed with the agency, the organization.

2. During the seven-day period of work, since the date of receiving enough records, the Department of Justice issued a law enforcement registration; the case refused to inform the written notice and specify the reason. The rejected person has the right to complain, the complaint under the rule of law.

3. An attorney who has been in an individual's profession since the date was issued as a solicitor practice. During the seven-day period of work, since the date of the registration of a lawyer's registration, the law practice as an individual must send a written notice accompanied by a copy of the Certificate of Law, which is a member of the Bar, which he is a member of.

4. The case of a lawyer to transfer a lawyer must notify the Department of Justice where he registered the practice, submitted to the Licensed Vocational Registration Paper, which had been issued before and executed the practice of registering a practice with the Department of Justice where he had been transferred. The procedure for registration is specified in paragraph 1, 2, and 3 This.

In case the lawyer terminated his practice, the Department of Justice revoked the practice of law enforcement. "

21. Article 60 is modified, adding as follows:

" Article 60. Measurement All the laws Yeah.

1. The lawyer is a social organization-the profession of lawyers in the province, the central city, organization and activities under this Law and the Charter of the Union of Vietnam Lawyers. The legal team has its own legal status, with its own seal and account, operating under the principle of self-made by the source fee, members ' donations, and other legal sources.

2. In each province, the central-central city of three persons with a Certificate of Vocational Practice is established as a lawyer. The Provincial People's Committee, the central city of the Central Committee, allowed the establishment of the Legislative Corps after the unification of the Minister of Justice.

3. The Corps of Lawyers is not issued resolutions, decisions, rules, regulations, and other provisions contrary to the provisions of the law and the provisions of the Vietnam Bar Federation.

4. The member of the Lawyer Corps is the lawyers.

The rights and obligations of the Member of the Bar by the Charter of the Union of Vietnam Lawyers. "

22. Article 61 is modified, added as follows:

" 61. Mission, jurisdiction.

1. Representative, protection of rights, legal interests of lawyers in practice.

2. Do the sweep, evaluate the annual quality of the team of lawyers; oversight, in coordination with the other local lawyer who oversees the lawyer as a member, the law of practice in the organization of law enforcement and the branch of the organization of law enforcement at the site. In compliance with the law, comply with the statutes of the Vietnam Bar Federation and the Law of Ethics and Occupational Therapy.

3. Monitoring, in collaboration with the other local law enforcement team overseeing the operation of the organization of law enforcement, branch, the transaction office of the organization of law practice; asked the organization to practice law enforcement to end violations of the law and offer opportunities. The state has jurisdiction.

4. Level certificates of practicing law enforcement and supervising the practice of law practice; a list of eligible persons to attend examination of the results of the practice of law sent to the Vietnam Bar Association.

5. Receivation of a Certificate of Certificate of Law practice and submit the Department of Justice; recommended that the Ministry of Justice revoked the practice of law enforcement.

6. The organization registers the accession of the Corps of Lawyers, which organizes the transfer, receives the lawyer; recommended the Vietnam Bar Federation, in exchange, revoking the Lawyer Card.

7. Practice of compulsory fostering, a career, fostering management skills, operating the organization of law enforcement.

8. Monitor the employment of the lawyer ' s career liability insurance.

9. A dispute between a practicing lawyer, a lawyer with a law enforcement organization; between clients and lawyers and lawyers.

10. Resolve the complaint, denouncing the authority.

11. General, exchange of experience and other measures to improve the level of expertise, a career for lawyers.

12. Rally, reflect on the mind, aspirations, contribution opinions, the counsel of the lawyer.

13. Regulation of the admission fee of the Corps of Lawyers, the practice of practicing law practice on a framework basis issued by the Vietnam Lawyers Federation.

14. Report of the Vietnam Lawyers ' Union, the Provincial People's Committee, the central city on the project to host the congress, the construction of the original committee, the Council of Praise, the discipline.

15. Make the resolution, the decision, the regulation of the Vietnam Lawyers Federation.

16. Organization for lawyers to participate in propaganda, disseminism, education of law and the practice of legal assistance.

17. Report of the Vietnam Lawyers Federation for the organization, operation of the Bar Corps, the results of the Games; send the Vietnam Lawyers Federation of resolution, decision, insubordination, the regulation of the Corps of Law as stipulated by the Rules of the Union of Vietnam Lawyers or when I was asked.

18. Report of the Provincial People 's Commission, the central city of the organization and operation, the outcome of the Games; reports the state agency to be competent when asked; to the Provincial People' s Committee, the central city of resolution, decision, rule, and government. It's the lawyer's plan.

19. The duties, other powers under the Rules of the Union of Vietnam Lawyers. "

23. Article 65 is modified, adding as follows:

" Article 65. Mission, the powers of the Vietnam Bar Federation

1. Representative, protect the legal rights and interests of the Corps of Lawyers, the lawyers within the country.

2. Monitor the attorney general, the lawyer in compliance with the law, subject to the provisions of the Vietnam Bar Federation; recommended the Department of Justice revoking the Certificate of Law practice.

3. Board and oversee compliance with the Vietnam Code of Ethics and Occupational Behavior. The ethics and practice of the Vietnamese lawyer are not opposed to the provisions of the Vietnam Bar Federation.

4. Organization for the Training of Lawyers; Building the Program and instructs the Corps of Lawyers to perform compulsory fostering in expertise, a career in professional training, management skills, management skills, and lawyers.

5. The organization checks and is responsible for the results of examination of the practice of law enforcement under the provisions of this Law and the guidelines of the Ministry of Justice.

6. Overall, the exchange of law enforcement in the country; the organization of the vote, the honor of the lawyer, the organization of prestigious lawyers, has many contributions in career activities.

7. Regulation of a lawyer to join the trial, the paper sample offers to join the Corps of Lawyers; the law card, the granting, the exchange, the recall of the lawyer's card; instructs the implementation of the sweep, the annual evaluation of the quality of the team of lawyers.

8. Regulation of immunity, loss of remunation, the settlement of disputes related to remunuation, the cost of the lawyer.

9. Regulation of the practice of practicing law practice, the framework of admission to the Law Corps, membership fee.

10. The guide and supervisor performs the legal aid obligation of the lawyer.

11. For the opinion of the project to hold the congress, the method of building the staff, the Council of Praise, the discipline of the Corps of Lawyers; directed the Congress of the Lawyers.

12. The suspension of the execution and request for revision of the resolution, decision, regulation of the attorney general to the Charter of the Union of Vietnam Lawyers; petition the state agency has the authority to suspend the implementation and request for a revision of the resolution, decision, regulation of the The lawyers are contrary to the rule of law.

13. Resolve the complaint, denouncing the authority.

14. Collection, reflection of the mind, aspirations, contributions opinion, the counsel of the lawyer.

15. Participation in the construction of law, the study of legal science, propaganda, disseminism, education of law.

16. Do international cooperation activities on lawyers.

17. Coordinated with the Ministry of Justice to prepare and report the authority on the project to hold the congress, the human method of electantation of the leadership of the Vietnam Bar Federation.

18. The Justice Department report on the organization, the activity of lawyers in the nationwide scope and organization, the activities of the Vietnam Lawyers Federation, the results of the Vietnam Bar Federation ' s congress; reports the state agency to be competent when asked; to send the Department of Justice. the resolution, the decision, the regulation of the Vietnam Bar Federation.

19. The duties, other powers under the Rules of the Union of Vietnam Lawyers. "

24. Article 67 is modified, adding as follows:

" Article 67. What? customary of Lian n Vietnamese lawyer.

1. The regulatory base of this law and the law of the congregation, the Congress of the National Lawyers passed through the Rules of the Union of Vietnam Lawyers. The rules of the Vietnam Bar Federation are applicable to the Vietnam Bar Federation and the Corps of Lawyers.

2. The charter of the Vietnam Bar Federation includes the following main content:

a) Sun, the purpose and symbol of the Vietnam Bar Federation;

b) Rights, the obligations of the membership of the Union of Vietnam lawyers;

c) The relationship between the Vietnam Bar Federation and the Bar Corps;

d) to join the division of the lawyers, and to withdraw the name from the counsel of the counsel of the lawyer, and to the law of the lawyers of the lawyers;

The law of the lawyer's legal assistance;

e) A lawyer's clothing is in the trial; the lawyer's license, the granting, the exchange, the recall of the lawyer's card;

g) Term, organizational structure, voting, dismissal, dismissal, duties, duties, the powers of the organs of the Vietnam Bar Federation, the Corps of Lawyers; the coordination of unions between lawyers in the management of lawyers and law enforcement;

h) Structure, number of delegates, duties, powers of the Congress of National Lawyers, the General Assembly, or the Congress of Lawyers ' Deputies; the order, the procedure to conduct the congress of the Vietnam Bar Federation, the Bar Corps;

i) the enacrodiation of the Cabinet of Lawyers;

l) Finance Federation of Vietnam Lawyers, Corps of Lawyers;

I) Khen rewarded, disciplinary of the lawyer and the resolution of the complaint, denouncing;

m) The obligation to report on the organization and operation of the Vietnam Bar Federation, the Bar Corps;

n) Relations with the agency, the other organization.

3. During the seven-day period of work, since the day passed, the National Bar Council sent the Department of Justice of the Union of Vietnam Lawyers to review the approval. In the thirty-day period since the date received the Charter of the Vietnam Bar Federation, the Minister of Justice approved after the unification of the opinion with the Minister of the Interior. The validity of the Vietnam Bar Federation has been in effect since the day approved. "

25. Article 68 is modified, added as follows:

" Article 68. The practice of the organization of the organization of foreign lawyers.

The organization of foreign lawyers has been established and is practice law enforcement in foreign countries allowed to practice in Vietnam under the provisions of this Law when there is sufficient following the following conditions:

1. Commitment and guarantee compliance with the Constitution and the law of the Socialist Republic of Vietnam;

2. Commitment and guarantee there are at least two foreign lawyers, including Head of the Branch, Director of Foreign Law Firm present and practice in Vietnam from 183 days or more for a continuous period of twelve months;

3. Head of Branch, Director of Foreign Law Firm in Vietnam must have at least two years of continuous law practice. "

26. Article 69 is modified, added as follows:

" Article 69. The executive form of the organization. n Foreign lawyer.

1. Organization of foreign law practice practice in Vietnam under the following forms:

a) The branch of the organization of the practice of foreign lawyers (later known as branch);

b) Limited liability law firm one hundred percent of foreign capital, LLC in the form of a joint venture, the firm law firm between the organization of foreign law enforcement and the law firm of Vietnam (later known as "General"). Foreign law firm.

2. The branch, the foreign law firm organized, operates under the provisions of this Law, the law on the business, the law on the investment and other provisions of the relevant legislation.

The government regulates the merger, merging the foreign law firms of the same type; the transformation of the branch of the organization to practice foreign law into law firm limits a hundred percent of foreign capital; the transformation of foreign law firms into law. Vietnam law firm; pause, terminate the operation of foreign lawyers. "

27. Article 70 is modified, adding as follows:

" Article 70. The scope of the foreign lawyer's organization.

The branch, the foreign law firm that practiced in Vietnam was carried out with legal advice and other legal services, was not sent abroad by the foreign counsel and Vietnamese lawyer in his practice to participate in litigation as a representative. The person who defended, the defender of the right, and the legitimate interest of the incumbent before the Vietnamese court or the implementation of the services on the legal papers and documents related to the Vietnamese law, was sent to the Vietnamese lawyer in his practice of law consulting. The Vietnamese law. "

28. Article 72 is modified, adding as follows:

" 72. Foreign law firm

1. The limited liability law firm of a hundred percent of foreign capital is the organization of law enforcement due to one or more organizations that practice foreign lawyers established in Vietnam.

The LLC in the form of a joint venture is the organization of a joint venture lawyer between the organization of foreign lawyers and the organization of Vietnamese lawyers.

The firm's law firm is the organization of law enforcement between the organization of foreign lawyers and the law firm of Vietnam.

2. The director of foreign law firm is foreign lawyer or Vietnamese lawyer. "

29. Article 74 is modified, added as follows:

" Article 74. Foreign lawyer ' s practice of practice

Foreign lawyers who meet the following conditions are granted a license to practice law enforcement in Vietnam:

1. There is a certificate of law enforcement in effect due to the agency, the organization has the authority of the foreign country;

2. There is a foreign law consulting experience, international law;

3. Commitment to comply with the Constitution, the law of the Socialist Republic of Vietnam and the Vietnam Rules of Ethics and Occupational Therapy;

4. Being organized as a foreign lawyer to practice in Vietnam or under the branch, the foreign law firm in Vietnam, the practice of law enforcement of Vietnam agreed to recruit to work in those institutions. "

30. Article 76 is modified, adding as follows:

" Article 76. The conduct of the law. n Oh,

Foreign law enforcement in Vietnam is advised by foreign law and international law, carried out other legal services relating to foreign law, to be advised by Vietnamese law in the case of a Bachelor of Laws of Vietnam. and fully respond to the same requirements as for a Vietnamese lawyer, not to participate in proceedings as the representative, the defender, the defender of the rights and the legitimate interests of the incumbent before the Vietnam Court. "

31. Article 82 is modified, adding as follows:

" Article 82. Grant, renew the law practice law in Vietnam for foreign lawyer

1. Foreign law practice in Vietnam must have a license to license a law practice in Vietnam to the Ministry of Justice. For a period of thirty days, since the date of the admission of valid and valid records, the Ministry of Justice granted the law to practice law enforcement in Vietnam for foreign lawyers; the case refused to inform written notice and specify the reason.

2. The practice of law practice in Vietnam of foreign lawyers has a five-year term and may be renewed, each of which is not over five years.

3. The law of practice law in Vietnam by foreign lawyers replacing the Law of Labor in accordance with the provisions of the Vietnamese law on the granting of the labor permit for labour is a foreign citizen working in Vietnam.

4. Profile of the practice of law enforcement in Vietnam by foreign lawyer including:

a) the application of the license to practice law practice in Vietnam;

b) The certificate is a lawyer by the organization of foreign lawyers to be sent to practice in Vietnam or a confirmation paper on the recruitment of the branch, the foreign law firm in Vietnam, the practice of law enforcement of Vietnam, where the law of the country. besides work ants;

c) A copy of the practice of law practice; the summary of career scheduling; legal calendar or alternative paper.

5. A proposed filing to renew the practice of law practice in Vietnam must be sent to the Ministry of Justice for the delay of thirty days before the expiration of the expiration date in the license. The profile consists of:

a) A proposed license to renew the license to practice law enforcement in Vietnam by the organization of the organization of foreign lawyers or the organization of law enforcement of Vietnam for the recruitment of lawyers;

b) Copyright law practice in Vietnam;

c) The Justice Department ' s opinion on the process of the conduct of foreign lawyers in Vietnam.

During the seven-day period of work, since the date of the receiving of valid dosages, the Ministry of Justice decided to renew the Law of Occupational Law in Vietnam to foreign lawyers; the case refused to renew the degree of written notice and stated the reason. "

32. Article 83 is modified, added as follows:

" Article 83. The responsibility to manage the state of attorney and practice law.

1. The government unified the state administration of lawyers and acts of law.

2. The Ministry of Justice is responsible to the Government to implement state management of lawyers and practice lawyers and have the following duties, the following powers:

a) Build, the Government decides strategy development strategy, the policy of support for the Special Provincial Lawyers and other policies that support the development of a lawyer;

b) Build, the state agency has the authority to enact or enact detailed regulatory text and guidelines for law enforcement;

c) The licensing of the establishment of a vocational training facility; regulation of a law training framework program; the regulation of compulsory fostering regime, a lawyer's business; in coordination with the Ministry of Finance that regulates law training; management, organization, and organization. The accretion, the training of the law;

d) Level, certificate of law practice;

Grant, revoked, renew a law enforcement license in Vietnam to foreign lawyers;

e) Level, revoking the license to establish the organization of foreign law enforcement in Vietnam;

g) General, the Government report on the organization of lawyers and law enforcement;

h) Check, inspector, breach of the breach, address the complaint, denounce the organization of the lawyer and practice of law; the organization and operation of the organization of foreign lawyers, foreign lawyers in Vietnam;

i) implementing the development assistance measures;

l) State management of international cooperation on lawyers; and more.

l) Suspended the examination, cancel the results of examining the practice of practicing law when the detection of a serious legal violation under the provisions of this Law and other provisions of the law are relevant;

m) suspended execution and request for revision of the resolution, decision, regulation of the Vietnam Bar Federation contrary to the rule of this Law;

n) The missions, other powers according to the rules of this Law.

3. The ministries, peer-to-peer agencies within the mission range, their powers are responsible for coordinating with the Ministry of Justice in the management of the state on lawyers and practice of law.

4. The Provincial Committee of the Provincial People, the central city of the Central Committee to implement state management of lawyers and practice local lawyers and have duties, the following powers:

a) Allow the establishment of the Bar Corps; to decide the dissolution of the Attorney Corps after the unification of the Minister of Justice;

b) Appropriation of the organization of the Congress of the Lawyers;

c) The organization, revoking the operational registration of the organization of the organization of Vietnam lawyers, the organization of foreign lawyers in Vietnam;

d) Check, inspector, breach of breach, resolution of the complaint, report on the organization, operation of the Law Corps, the organization of Vietnam lawyers, the organization and operation of the organization of foreign lawyers, local foreign lawyers;

) The suspension and the request to amend the resolutions, the decisions, the provisions of the Left Bar with the provisions of this law;

e) periodically reporting the Ministry of Justice on the situation to hold a lawyer and practice of a Vietnamese lawyer, organization and operation of the organization of foreign lawyers, foreign lawyers;

g) implementing the assistance measures development in local law;

h) The duties, other powers according to the rule of law.

The Department of Justice helps the Provincial People's Committee, the central city to carry out state management of lawyers and practice local lawyers. "

33. Article 89 is modified, added the following need:

" What? 89. Deal violation. i With lawyers.

1. Vietnamese lawyers violate the rules of the law, in addition to being disciplined by law, the extent of which the violation is executed or be prosecuted for criminal responsibility; if the damage is caused by the law.

2. Foreign law practice in Vietnam violates the regulation of the law, depending on the nature of the law, the degree of violation of the administrative trial, or the prosecution of criminal responsibility; if the damage is caused by the law.

The foreign lawyer violates the ethics of ethics and the Vietnamese lawyer ' s profession, the Justice Department informs the organization of foreign lawyers that sent that lawyer to practice in Vietnam or the organization of Vietnamese lawyers who recruited lawyers. It is, depending on the nature, the extent of the breach may be revoked or considered not to renew the license to practice law enforcement in Vietnam. "

34. Additional Article 92a following Article 92 as follows:

" 92a. Transfer clause

1. In a one-year term, since this Law is in effect, the lawyer is a member of the other Bar Corps with the Bar Corps where the organization acts as a lawyer or branch of the attorney practice organization that he founded or joins or where there is. The organization of a lawyer or agency, the organization that he signed to the contract must specialize in the accession of the Law Corps under the provisions of Article 20 of this Law. The lawyer transferred to the law at the expense of the law, which is not an admission fee.

The Corps of Lawyers is responsible for facilitalation of the law's transfer of lawyers under the provisions of this Law.

2. In the two-year term, since the Day of Law is in effect, the law practice as individual under the provisions of the Digital Law Law. 65 /2006/QH11 having to switch to practice in the form of establishment, join the establishment of a lawyer practice or work under a labor contract for a lawyer practice organization or work under a labor contract for the agency, organization, and implementation of the registration process. activities under the rules of this law. The registered lawyer operating under the rules at this paragraph does not have to submit the active registration fee.

3. In the two-year term, since the law is in effect, the organization of foreign law enforcement has been granted the establishment of the branch, the foreign law firm must meet all the regulatory conditions at Article 68 of this Law, the case does not meet enough. The conditions must be terminated. "

35. Remove the phrase "copy of the law enforcement certificate" stipulated at the point 3 Article 78 of the Digital Law Law 65 /2006/QH11.

36. Repeal Article 8, Article 52 and Article 63 of the Digital Law Law 65 /2006/QH11.

37. In the Law Code 65 /2006/QH11, the phrase "national lawyer organization" is replaced by the phrase "Vietnam Lawyers Federation"; the phrase "law enforcement management" is replaced by the phrase "attorney management and law enforcement"; the phrase "ethical rules and law occupational behavior" is replaced by a "lawyer and lawyer." the phrase "Act of Ethics and Occupational Therapy in Vietnam"; the phrase "free legal assistance" is replaced by the phrase "legal assistance".

What? 2.

1. This law took effect from 1 July 2013.

2. The government, the agency with the authority to regulate the details, the instructions to enforce the things, the paragraph is delivered in the Law.

The law was appointed by the National Assembly of the Socialist Republic of Vietnam XIII, the fourth session through November 20, 2012.

President of Congress.

(signed)

Nguyen Gung Xiong