Pursuant to the law on organization of the Government of 25 December 2001;

Pursuant to the law No. 65/lawyer 2006/QH11 on June 29, 2006;

Pursuant resolution No. 65/2006/QH11 on June 29, 2006 by Congress for implementing the law on lawyers;

Considering the recommendation of the Minister of Justice, the DECREE: chapter I article 1 LAWYER STANDARDS. Bachelor of law, Who has a Bachelor's of law stipulated in article 10 of the law on lawyers who have specialized university diploma in law by university institutions of Vietnam granted or have a diploma of specialized law universities due to the institution of the foreign university level and be recognized in Vietnam according to the regulations of the Ministry of education and training and International treaties to which the Socialist Republic of Vietnam is a member.

Article 2. The legal profession training facility 1. Training the legal profession in the Ministry of Justice and training the legal profession in the national Attorney organization has the task of training lawyers.

2. vocational training establishments meet all the following criteria are trained legal profession: a) has a team of managers and staff sufficient in number and sync on the structure of moral quality, and level of training, ensuring the implementation of the goals of the training program, the legal profession;

b) Have the training, curriculum fit with the programme framework on training the legal profession;

c) Have campus, financial, equipment for teaching and learning.

The Minister of Justice standard specific guidelines, procedures, established the basis for vocational training of lawyers.

3. graduation certificate only for vocational training of lawyers by training the legal profession of the Ministry of Justice, the national Attorney organization level or do vocational training establishments of the foreign lawyer, was Minister of Justice in the new recognition of value under the provisions of article 12 of the law on lawyers.

Chapter II ORGANISATION article 3 PRACTICING LAWYERS. The paper suggested the Organization's registration practice lawyers suggested registration Paper of practicing lawyers organization consists of the following major contents: 1. the name of the Office of the solicitor, law firm;

2. Head Office address;

3. They, the name, address of permanent Chief Attorney or lawyer law office holders (for limited liability law firm a member) or the Attorney members (for limited liability law firm two members and partnership law firm);

4. They, the name of the legal representative (for limited liability law firm two members and partnership law firm);

5. The field of practice.

The Ministry of Justice regulation proposal registration Paper form the activity of organizations practicing lawyers.

Article 4. Charter Charter law firm law firm includes the following major contents: 1. The name, address of Head Office;

2. Type of company law;

3. The field of practice;

4. They, the name, address of permanent lawyer owner (for limited liability law firm a member) or the Attorney members (for limited liability law firm two members and partnership law firm);

5. Rights and obligations of the owners ' lawyers or lawyers;

6. the shares of partners (for limited liability law firm two members);

7. conditions and procedures to join or withdraw from the list of Attorney members (for limited liability law firm two members and partnership law firm);

8. Organizational structure, management and administration;

9. Protocol through decisions, resolutions; principles of internal dispute resolution;

10. The principle of dividing the profits and liabilities of the lawyer members for the obligations of the company (for limited liability law firm two members and partnership law firm);

11. The case of suspend, terminate the operation and procedures of liquidation of assets;

12. Protocol amending and supplementing law Charter company.

The Charter law firm must have the signature of the owner or of the lawyer all lawyer members.

Article 5. Registered activity of practicing lawyers organization 1. Lawyers Office, law on limited liability companies a member registration at the local Department of justice where there is Union lawyer that the Head Office of the lawyer or law firm directors as members.

Law firm partnership and limited liability company law of the two members that members of the company are members of a Union lawyer then sign operating at the local Department of justice where there is Union lawyer.

Law firm partnership and limited liability company law of the two members that the Member is a member of the Union of different lawyers have registered to operate in the local Department of justice where there is the headquarters of the company.

2. registration procedure of practicing lawyers organizations is made according to the provisions of article 35 of the law on lawyers.

3. Registration Certificate of the Office of lawyers, law firms are made in two copies; a grant to the Office of the lawyer or law firm, a backup at the Justice Department.

4. within 7 days from the date of granting the registration activity for Law Office, law firm, the Justice Department sent a copy of business registration Certificate for the local tax Bureau and the Ministry of Justice.

5. The Office of attorneys, law firms must pay a registration fee according to the level of the fees of business registration of the business.

6. After granting registration, Law Office, law firms are engraved and uses its seal in accordance with the law on the seal.

Article 6. Registration paper of practicing lawyers organization registration Paper of practicing lawyers organizations have the following major contents: 1. The name, address of Head Office;

2. The field of practice;

3. They, representative under the law;

4. They, the name, address of residence of member attorneys.

The Ministry of Justice regulations registration paper form of organization practicing lawyers.

Article 7. Registration of branch organizations practicing lawyers 1. Procedure for registration of branch organizations practicing lawyers is made according to the provisions of article 41 of the law on lawyers. Within 7 days from the date of granting the registration of branches, organizations practicing lawyers must send notice in writing to the Justice Department Office, where the company headquarters and headquarters counsel Division of the branch.

2. When the registration of the Branch Office, Attorney, law firms must pay a registration fee according to the level of registration fees established branch of the business.

3. After the Registration Certificate was issued, the Organization branch of practice lawyers used their seals in accordance with the law on the seal.

Article 8. Converted limited liability law firm 1. Law on limited liability companies a member can convert to form limited liability law firm two members. Law on limited liability companies the two members can be converted to form limited liability law firm is a member.

2. In the case of conversion from law firms form limited liability a member to form limited liability law firm two members or the company limited liability law two members to form limited liability law firm is a member, the Director of the law firm must submit the profile switch to Justice Department where the company posted the sign function. Professional profile change includes: a conversion proposal) which stated the purpose and the reason for the switch;

b) the draft of the new law firm;

c) list members or lawyers of the law firm owner new;

d) Registration Certificate has been issued.


3. within 7 working days from the date of receiving the application or convert documents prescribed in paragraph 2 of this Article, the Justice Department is granting the registration activity for the company limited liability laws under the provisions of the law on lawyers.

Article 9. To hire foreign lawyers working for the Organization of practice attorney practicing lawyers organization can sign the labor contract to hire foreign lawyers have been licensed to practise in Vietnam working for their organization. The rights and obligations of foreign lawyers hired for the practicing lawyers organization was agreed upon in the contract Law suit lawyer, this Decree and relevant laws.

Within 7 working days from the date of signing the contract to hire foreign lawyers practicing lawyers, the Organization must notify the ice text for Justice Department where the registration accompanied foreign lawyer lease.

Within 7 working days from the date of termination of the contract to hire foreign lawyers practicing lawyers, the Organization must inform in writing to the Department of justice where active registration.

Chapter III the LAWYERS INVOLVED in the PROCEEDINGS in the CRIMINAL article 10. Ceiling level lawyers involved in criminal proceedings 1. The level of remuneration of lawyers involved in the proceedings in the criminal case by the clients and lawyers, law firms or lawyers practicing with an individual contractual agreement legal services based on the grounds specified in Article 55 paragraph 1 of the law on lawyers and is calculated by the hour or by the package properties but the highest level rules out now not exceed 100,000 VND/1 hour work of a lawyer.

Working time of lawyers by the lawyer and the client agreement.

2. Encourage the Office of lawyers, law firms or lawyers practicing with an individual exemption, reduction of lawyers for the poor, the policy object.

Article 11. Remuneration and expenses for lawyers in the case of lawyers involved in the proceedings at the request of the agency conducting the proceedings 1. With regard to the case by the agency conducting the proceedings require lawyers, the wage is paid for the lawyer is 120,000 VND/1 d work of lawyers.

2. the lawyer's work time is calculated include: a) the time to meet people detained, is accused;

b) time to collect materials, objects, situations involving the excuses;

c) research time records and prepare the documentation at the agency conducting the proceedings;

d) time trial;

DD) other reasonable time to conduct the proceedings at the request of the authority conducting the proceedings.

Working time of lawyers must be the agency conducting the proceedings, the proceedings are conducted directly solve the case confirmed.

3. In addition to honorarium, during the process of preparing and participating in the trial, defense lawyers are to pay the money, stay under the current rules about work mode for public servants travel out of the country.

4. The agency conducting the proceedings has asked lawyers involved in the proceedings is responsible for the payment in accordance with the provisions of the State on remuneration and expenses referred to in paragraph 1, paragraph 3 of this article. Funding source to pay was estimated in the annual budget of the authority conducting the proceedings.

5. In addition to compensation and costs due to the agency conducting the proceedings, lawyers are not claiming any additional money from the accused, defendants or their relatives.

Chapter IV established DISSOLVE UNION LAWYER article 12. Union lawyers 1. In every province and city in Central when there are three people who have a certificate of practice attorneys over the established Union lawyer.

2. Union lawyer profile include: a) the paper proposed the creation;

b) list the founding members;

c) a copy of the certificate of practice of lawyers of the founders;

d) draft Charter Union lawyer.

3. Within 15 days from the date of the record, the reputation of the central cities, having sent the text on the establishment of local lawyers Group. After the unanimous opinion in writing of the Minister of Justice, Chairman of the provincial people's Committee, the central cities decided to allow the establishment of the Association; in case of refusal, they must inform in writing the reasons for the application. Who denied the complaint under the provisions of the law.

4. The Department of Justice has a responsibility to help the province people's Committee, the city of centrally directed and performed the procedure established Union lawyer.

Article 13. Dissolved Union lawyer Association is dissolved if one of the following cases: 1. No remaining 3 lawyers;

2. serious misconduct.

Provincial people's Committee, the best discussed centrally decided to dissolve the Union lawyers after comments with the Minister of Justice. The Justice Department has the responsibility to help the province people's Committee, the city of centrally directed and implemented procedures to dissolve Union lawyer.

Chapter V ORGANIZATION of the PRACTICE of FOREIGN LAWYERS PRACTICE, FOREIGN LAWYERS in VIETNAM article 14. The name of the Organization on foreign lawyers practicing in Vietnam 1. The name of the Organization branch of practice of foreign lawyers in Vietnam must include the phrase "Chief Justice", the name of the organisation practice of foreign lawyers and the name of the province, central cities, where allowed to branch.

2. The name of the law firm one hundred percent foreign equity in Vietnam must include the phrase "limited liability company" and the name of the foreign lawyers practice.

3. The name of the joint venture law firm between practicing lawyers and foreign lawyers practicing organization of Vietnam by the parties to the agreement but the selection must include the phrase "the law on limited liability companies".

Article 15. Application of single branch proposed the creation of branch has the following principal contents: 1. Name, nationality, address, headquarters of the Organization of practice of foreign lawyers;

2. The name of the branch;

3. The field of practice of the branch;

4. Term of activity of the branch;

5. The seat of the branch;

6. They, names of lawyers held foreign lawyers practice appointed head of branch.

Article 16. Petition to establish foreign law firms established in application of foreign law firms have the following principal contents: 1. Name, nationality, address, headquarters of the Organization of practice of foreign lawyers; the name, address of Head Office of Vietnam lawyers practice organization with regard to the form of the joint venture;

2. The name of the foreign law firm;

3. The field of practice of foreign law firms;

4. The time limit for the operation of foreign law firms;

5. the headquarters of the foreign law firm;

6. They, the name of the lawyer who was appointed Director of the foreign law firms.

Article 17. Language use and legalization of 1. Application to establish a branch, foreign law firms established in Vietnam, the proposed licensing practice in Vietnam foreign Attorney's are made by Vietnamese. The attached papers suggest that if in a foreign language must be translated into Vietnamese and the translation must be certified in accordance with the law of Vietnam.

2. the paper by the Agency, foreign organization or notary, certified abroad must be legalized by the Consulate of Vietnam law provisions, except in cases that are free of consular legalization under the international treaties to which the Socialist Republic of Vietnam is a member.

Article 18. Posted in newspapers, reported on the establishment of practice of foreign lawyers in Vietnam


Within 15 days from the date of grant of the registration Paper work, organize the foreign lawyers practice in Vietnam must post the local newspapers or the Central newspapers in the three consecutive numbers; notice in writing to the Association, local tax offices, the headquarters of the Organization of practice of foreign lawyers in Vietnam about the following principal contents: 1. The name, address of the headquarters of the Organization of the practice of foreign lawyers in Vietnam;

2. The field of practice;

3. Full name of the head of branch, Director of the foreign law firms.

Article 19. Foreign law firms merge Two or more foreign law firms may agree to merge into a new foreign law firms.

The best procedure is defined as follows: 1. The foreign law firm to prepare the contract and the contract established a new foreign law firms. In most contract must have rules of procedure and the best conditions; scheme employers; deadlines, procedures and conditions for converting the property; the time limit for implementation.

Within 10 days from the date of application for consolidation and valid dossier, the Department of Justice decision to approve the merger in the form of licensing of foreign law firms established new; in case of refusal to notify the reasons in writing.

2. registration procedure, newspaper, reported on the establishment of new foreign law firms are made according to the provisions of article 79 of the law on lawyers and article 18 of the Decree.

3. After the foreign law firms have been given the registration Paper work, the old foreign law companies cease to exist. New foreign law firms are entitled to the rights and legitimate interests, responsibility for unpaid debts, the legal service contracts are made, labor contracts signed with lawyers, labor employee and the obligations of the foreign law firms.

Article 20. The merger of law firms abroad one or more foreign law firms can be incorporated into a foreign law firm.

The merger procedure of companies of foreign law are defined as follows: 1. The relevant foreign law firm to prepare a contract. In the contract annexed to regulations on employers; deadlines, procedures and conditions for converting the property; the procedure and time limit for implementation of the merger.

2. foreign law firms receive merger not only that registration procedures for changing the content license under the provisions of article 80 of the law on lawyers.

Foreign law firms receive merger are entitled to the rights and legitimate interests, responsibility for unpaid debts, the legal service contracts are made, labor contracts signed with lawyers, labor employee and the obligations of the foreign law firms were merged.

Article 21. Suspend 1. Organization of foreign lawyers practice in Vietnam suspended activities in the following cases: a) decide to temporarily stop working;

b) sanctioned administrative offense with active suspension form has a time limit.

2. In the case of organized foreign lawyers practice in Vietnam suspended operation as defined in point a of paragraph 1 of this Article must be notified in writing to the Ministry of Justice is slow for 30 days, before the expected suspension of activities.

Organization of foreign lawyers practice in Vietnam was temporarily ceased operations since October have written approval of the Ministry of Justice.

3. Slowly for 15 days from the date of approval in writing the Ministry of Justice or the decision on the suspension of the activity has a time limit, the Organization of practice of foreign lawyers in Vietnam must be notified in writing of the suspension works for the Justice Department, lawyers and local tax agency headquarters.

4. Within a period of inactivation, the organized practice of foreign lawyers in Vietnam must pay enough taxes owed; responsible for the payment of the other debts, responsible for the legal service contracts signed with clients, labor contracts signed with lawyers, employees, unless the parties have agreed otherwise.

5. At the latest 30 days before the expected date of return operations, organization of practice of foreign lawyers in Vietnam must report in writing to the Ministry of Justice, the Department of Justice, Union lawyer and local tax authority Headquarters on the back.

Article 22. Active termination 1. Organization of foreign lawyers practice in Vietnam ended activity in the following circumstances: a) Order to terminate the operation;

b) revoked the license.

2. in case of termination of activity, at the latest 30 days before the expected termination of the activity, organization of practice of foreign lawyers in Vietnam must be notified in writing of the termination of operation for the Department of Justice, the Department of Justice, Union lawyer and local tax agency headquarters within 15 days from the date of receiving notice of the termination of activities of the Organization of foreign lawyers practice in Vietnam, the Ministry of Justice decision to terminate organization's activities of foreign lawyers practice in Vietnam.

Prior to the time of termination of activity, organization of practice of foreign lawyers in Vietnam must pay enough taxes owed, other debt payments; done the procedure to terminate labor contracts signed with the lawyers, labor personnel; completed legal services contracts signed with clients, unless agreed otherwise.

3. In case the revoked license then the slowest is 60 days from the date of the decision of the Ministry of Justice about the termination of activities or decisions sanctioning administrative violations in the form of license revocation, hosted foreign lawyers practice in Vietnam must pay enough tax owed payments, other debts; done the procedure to terminate labor contracts signed with the lawyers, labor personnel; completed legal services contracts signed with clients, unless agreed otherwise.

Organization of foreign lawyers practice in Vietnam must report in writing to the Ministry of Justice, the Department of Justice, Union lawyer and local tax agency headquarters about the completion of the aforementioned procedures; return the license to the Ministry of Justice, the registration Paper work for the Justice Department and return the seal for the Agency to have the authority to grant registration and the use of the seal.

Article 23. Organization fees foreign lawyers practice, foreign lawyers please license the establishment, registration, change the content license, licensed to practise in Vietnam must pay the fee in accordance with the law on fees and charges.

Chapter VI ADMINISTRATION on LAWYERS and ATTORNEYS PRACTICE article 24. The duties and powers of the Ministry of Justice in the management of State attorneys and practicing lawyers 1. The Ministry of Justice is responsible for Government Administration made about lawyers and attorneys practice as specified in paragraph 2 to article 83 of the law on lawyers.

2. Every year, the Ministry of Justice is responsible for estimating the budget support for the fostering of lawyers, the legal profession and training activities of the Union of lawyers of the province especially hard under the provisions of the law on the State budget.

Article 25. The duties and powers of the provincial people's Committee, the central cities in the management of State attorneys and practicing lawyers 1. The people's Committee of the central cities, performing State management on lawyers and attorneys practicing locally prescribed in paragraph 4 to article 83 of the law on lawyers.


2. The Department of Justice helps people's Committee, the central cities make governance about lawyers and attorneys practicing locally, has the following powers, duties: a) the appraisal records, the provincial people's Committee, the central cities decided to allow the establishment of the Association; dissolve the Association;

b) due diligence, the people's Ủban, Featured central cities approved the Charter Association;

c) granted, revoked registration Paper of practicing lawyers organization, Vietnam held foreign lawyers practice in Vietnam;

d) provides information on the registration activities of the Office of the solicitor, law firm for State agencies, organizations and individuals have requested under the provisions of the law;

DD) Organization requirements of practice attorneys report on activities when necessary;

e) periodically report the Justice Department, the provincial people's Committee, the central cities of the situation held lawyers and practicing lawyers;

g) counsels, suggested to the people's Committee of the central cities, measures to support the development of the local legal profession;

h) make checks, inspections, complaints, accusations about the Organization, the activities of the Union lawyer, practicing lawyers organization under the authority or with the authorization of the Minister of Justice or the Chairman of the provincial people's Committee, the central cities; sanctioning administrative violations for lawyers practicing lawyers organization, according to the authority.

Chapter VII ENFORCEMENT PROVISIONS Article 26. Effective enforcement of this Decree has effect after 15 days from the date The report.

Decree No. 95/2001/ND-CP dated 12 December 2001 of the Government detailing the implementation of the Ordinance, Decree No. 87/2003/ND-CP dated 22 July 2003 of the Government about the practice of foreign lawyers organization, foreign lawyer in Vietnam; Circular No. 2/2002/TT-BTP on 22 January 2002 the Department of Justice's Guide to some of the provisions of Decree No. 95/2001/ND-CP on December 12, 2001 detailing the Government's enforcement of the Ordinance on lawyers; Circular No. 10/2003/TT-BTP on October 29, 2003 the Ministry of Justice's Guide to some of the provisions of Decree No. 87/2003/ND-CP dated 22 July 2003 of the Government about the practice of foreign lawyers organization, Vietnam foreign Attorney ceases to effect from the date of the Decree has effect.

Article 27. Responsible for enforcing the Decree the Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities is responsible for the implementation of this Decree.

The Minister of Justice is responsible for guiding the implementation of this Decree.