Decree on the Organization's practice of foreign lawyers, the foreign lawyer in Vietnam _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Attorney Ordinance base on July 25, 2001;
According to the recommendation of the Minister of Justice, the DECREE: chapter I GENERAL PROVISIONS article 1. Scope of this Decree stipulates the conditions, scope, forms of practice, rights, obligations of foreign lawyer organizations, foreign lawyers practicing in Vietnam and governance for the Organization's practice of foreign lawyers, the foreign lawyer in Vietnam.
Article 2. The principle of non-discrimination, the Government of Vietnam guaranteed not to discriminate between foreign lawyer organizations and foreign lawyers practicing in Vietnam.
Article 3. Protection of property rights for investment capital and other legal rights of foreign lawyer organizations, foreign lawyers Vietnam government protection for the ownership of capital and other legal rights of foreign lawyer organizations, foreign lawyers practicing in Vietnam under the provisions of the law of Vietnam.
Article 4. Prohibits the unauthorized lawyers practice organization, foreign individuals practicing lawyer in Vietnam under any form, if not the Vietnam Ministry of Justice granted a license under the provisions of this Decree.
Article 5. Language use and legalization of 1. Application of practice in Vietnam of foreign lawyer organizations, foreign lawyers are made by Vietnamese. The papers attached application if in a foreign language must be translated into Vietnamese and the translation must be notarized in accordance with the law of Vietnam.
2. the paper by the Agency, foreign organization or notary, certified abroad must be legalized in accordance with the law of Vietnam.
Article 6. The fee for a foreign lawyer organizations, 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 II CONDITIONS of PRACTICE, this form of PRACTICE, LICENSING PROCEDURE for FOREIGN LAWYER ORGANIZATIONS article 7. Conditions of practice of foreign lawyers organization was established and practising lawyers in foreign countries, there is goodwill towards Vietnam, the State was allowed to practise in Vietnam under the provisions of this Decree.
Article 8. Form of practice held on foreign lawyers practicing in Vietnam under the following forms: 1. Branch of the foreign lawyer organizations (hereinafter referred to as affiliates).
2. foreign law firms.
3. The law firm partnership between foreign lawyers and law firms partnership Vietnam (hereinafter referred to as partnership law firms abroad and Vietnam).
Article 9. Branch 1. Branch is depend of foreign lawyers organization, was founded in Vietnam under the provisions of this Decree.
2. Branch is responsible for the operation of his infinite before Vietnam law.
3. foreign lawyer organizations sent a lawyer to the head branch. Management Branch Chief, operating activities of the branch in Vietnam and is the legal representative of the branch. Head of the branch can be foreign attorney or lawyer to Vietnam.
Article 10. Foreign law firm 1. Foreign law firm is the Organization of practice Attorney due to one or more foreign lawyers organization established in Vietnam under the provisions of this Decree.
2. foreign law firms manage and infinite responsibility about all activities of the company before the law of Vietnam.
3. The Director of the foreign law firm is the legal representative of the company. Director of foreign law firms may be the foreign attorney or lawyer to Vietnam.
Article 11. Law firm partnership and Vietnam 1. Law firm partnership and Vietnam is practicing lawyers organization was established in Vietnam on the basis of the contract of partnership between one or more foreign lawyers organization and one or more law firm partnership Vietnam under the provisions of this Decree.
2. The party partnership in the law firm partnership and jointly responsible Vietnam infinite about all activities of the company before the law Vietnam.
3. Rights, obligations, relations between the parties, organizational structure, management of partnership law firms abroad and Vietnam partnership agreement by the parties stipulated in the contract.
4. The Director of the law firm partnership and Vietnam's legal representative of the company. Director of law firm partnerships abroad and Vietnam may be the foreign attorney or lawyer to Vietnam.
Article 12. Application application for branch establishment of the branch comprises the following documents: 1. The application to establish a branch;
2. A copy of proof of the establishment of the foreign lawyer organizations by the Agency, the competent institutions of foreign countries;
3. The introduction of the activity of the foreign lawyer organizations;
4. The list of expected foreign lawyers working in the branch attached to the application for a license to practice in Vietnam;
5. The decision of election lawyers as head of the branch.
Article 13. Contents of application the application for branch establishment of branches must have the following principal contents:

1. Name, nationality, address the Organization's headquarters to 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 a foreign lawyer appointed Chief of branch.
Article 14. Application for the establishment of foreign law firms established in application of foreign law firm includes the following documents: 1. the application for the establishment of foreign law;
2. A copy of proof of the founding of the Organization of foreign lawyer or foreign lawyer organizations by the Agency, the competent institutions of foreign countries;
3. The introduction of the activity of the foreign lawyer organizations;
4. The list of expected foreign lawyers working in the firm attachment to application for license to practise in Vietnam;
5. The Charter to foreign law firms.
Article 15. Content of the application for the establishment of foreign law firms established in application of foreign law firm must have the following principal contents: 1. Name, nationality, address the Organization's headquarters to foreign lawyers;
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 16. The content of foreign law Charter company Charter to foreign law firms must have the following principal contents: 1. The name, address, headquarters, subsidiaries (if any); the name, address, authorized representative of the Organization of foreign lawyers;
2. The field of practice of foreign law firms;
3. Rights, obligations, responsibilities and relationships of the lawyers law firm members;
4. Organizational structure, management of foreign law firms;
5. the legal representative of the company of foreign law;
6. Duration of the activity, the condition to terminate the operation of foreign law firms;
7. Protocol amending and supplementing the Statute of foreign law firms.
Article 17. Application to establish a foreign partnership law firm and Vietnam resumes please establish partnership law firms abroad and Vietnam includes the following documents: 1. the application for the establishment of partnership law firms abroad and Vietnam;
2. A copy of proof of the establishment of the foreign lawyer organizations, Paper copy of company registration Partnership Act Vietnam;
3. The introduction of the activity of the foreign lawyer organizations, law firm partnership Vietnam;
4. The list of expected foreign lawyers working in partnership law firms abroad and Vietnam attached to the application for a license to practice in Vietnam; list of Vietnam lawyers expected to work at the law firm partnership and Vietnam attached a copy of the certificate of practice Attorney, lawyer Card copy;
5. partnership contract.
Article 18. Content of the application for the establishment of partnership law firms abroad and Vietnam claims established partnership law firms abroad and Vietnam must have the following principal contents: 1. Name, nationality, address the Organization's headquarters to foreign lawyers; name, address of Head Office of law firm partnerships Vietnam;
2. The name of the law firm partnership and Vietnam;
3. The field of practice of law firm partnerships abroad and Vietnam;
4. The time limit for the operation of foreign partnership law firm and Vietnam;
5. the headquarters of the law firm partnership and Vietnam;
6. the name of the lawyer who is the Executive Director, the Deputy Director of the law firm partnership and Vietnam.
Article 19. Content of the contract of partnership contract should have the following principal contents: 1. The name, address, authorized representatives of the parties to partnership; the name, address of partnership law firms abroad and Vietnam;
2. The field of practice of law firm partnerships abroad and Vietnam;
3. Rights, obligations and relations of partnership between the parties; rights, obligations of lawyers partnership law firm members and Vietnam;
4. Organizational structure, management of partnership law firms abroad and Vietnam;
5. legal representative of foreign partnership law firm and Vietnam;
6. Term of activity of partnership law firms abroad and Vietnam;
7. Protocol amending and terminating the contract, the conditions for termination of the activity of foreign partnership law firm and Vietnam.
Article 20. Licensing procedures established branch, foreign law firms, law firm partnership and Vietnam established application branch, foreign law firms, law firm partnership and Vietnam (hereinafter referred to as foreign lawyers practice in Vietnam) are sent to the Ministry of Justice. Within a period of 60 days from the date of receipt of a valid application and fees, the Ministry of Justice to review the record and grant or refuse to grant the license.
The license is made up of three (3) copies: a grant to organize foreign lawyers practice in Vietnam, a provincial people's Committee post, the central cities, where the headquarters of the Organization of foreign lawyers practice in Vietnam, one in the Ministry of Justice.
The license is effective from the date of signing.
In case of refusal to license, the Ministry of justice must be notified in writing and stating the reason.
Article 21. The Organization's registration practice in Vietnam foreign Attorney

1. Within a period of 60 days from the date of license, organization of practice of foreign lawyers in Vietnam must register at the local Department of Justice, the headquarters of the Organization of foreign lawyers practice in Vietnam.
2. registration profile includes the following papers: a) copy license held by foreign lawyers practice in Vietnam;
b) proof of the headquarters of the Organization of foreign lawyers practice in Vietnam.
3. within 15 days from the date of receipt of a valid application, the Department of Justice is responsible for granting registration for foreign lawyers practice in Vietnam.
Organization of foreign lawyers practice in Vietnam only to be active from the date of Registration Certificate is granted.
Article 22. 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 firm, Director of partnership law firms abroad and Vietnam.
Article 23. Change the content of the license held by foreign lawyers practice in Vietnam 1. Organization of foreign lawyers practice in Vietnam to change one of the following content of licence, they must apply for permission to the Ministry of Justice and can only be changed if there is a written approval of the Ministry of Justice: a) name.
b) Headquarters from the city, this centrally to the province, the central cities.
c) Branch Chief, Director of the foreign law firm, Director of partnership law firms abroad and Vietnam.
d) areas of practice.
2. within 30 days from the date the text approved the content change the license in force, the organisation of practice of foreign lawyers in Vietnam must register the change in the Justice Department of the local headquarters of the Organization of foreign lawyers practice in Vietnam.
When changing the content of the license, held by foreign lawyers practice in Vietnam must post notice, notice of those changes content according to the provisions of article 22 of the Decree.
Article 24. Branch of foreign law firms, law firms and foreign partnerships Vietnam 1. Foreign law firms, law firm partnership and Vietnam established foreign affiliates outside the province, central cities, where there is the headquarters of foreign law firms, law firm partnership and Vietnam.
2. Branch is depend of foreign law firms, law firm partnership and Vietnam; Branch made the mission authorized by the foreign law firms, law firm partnership accord with Vietnam and foreign areas of practice included in the license of foreign law firms, law firm partnership and Vietnam.
3. foreign law firms, law firm partnership and Vietnam is responsible for the operations of the branch.
4. Application for permission to establish a branch includes the following papers: a) an application for permission to establish a branch;
b) copy license foreign law firms, law firm partnership and Vietnam;
c) Attorney for the lawyer as head of the branch;
d) licensed copy of authorized lawyer as head of the branch;
DD) proof of the headquarters of the branch.
5. Application for permission to establish a branch was sent to the Ministry of Justice. Within a period of 30 days from the date of receipt of a valid application and fees, the Ministry of justice review and the decision to allow or refuse the establishment of branches.
In case of denial of the branch, the Department of justice must be notified in writing and stating the reason.
6. Within 15 days from the date of the decision to allow the establishment of branches, foreign law firms, law firm partnership and Vietnam must register for the operation of the branch in the local Department of Justice, the seat of the branch.
7. The procedure of posting report, the notice about the establishment of branches of foreign law firms, law firm partnership and Vietnam was made according to the provisions of article 22 of the Decree.
Article 25. Foreign law firms merge Two or more foreign law firms may agree to merge into a company of foreign law.
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.
The contract established the new foreign law firms have content such as partnership contracts specified in article 19 of this Decree.
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; 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 21, article 22 of the Decree.
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 26. 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 23 of this Decree.
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 27. Suspend 1. Organization of foreign lawyers practice in Vietnam suspended activities in the following cases: a) decide to temporarily stop functioning.
b) sanctioned the Administration 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 authorities , 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 legal 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 authorities, the seat on the back.
Article 28. 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, central cities, where registration and other relevant State agencies.
Within 15 days from the date of the notification of termination of activity of the Organization on foreign lawyers practice in Vietnam, the Ministry of Justice decision on the termination of the activities of organized 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 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 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 offices, where, based on 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.
Chapter III SCOPE of PRACTICE, RIGHTS and OBLIGATIONS of the ORGANIZATION on FOREIGN LAWYERS PRACTICING in VIETNAM Article 29. The scope of practice of organized foreign lawyers practice in Vietnam

1. The organization of practice of foreign lawyers in Vietnam made legal advice and other legal services; his lawyer was not involved in the proceedings as the excuses, who represents clients before courts of Vietnam.
2. Organized foreign lawyers practice in Vietnam made Vietnam legal advice in the following cases: a) Has hired a lawyer to practice Vietnam held foreign lawyers practice in Vietnam.
b) foreign lawyers practice in the Organization of foreign lawyers practice in Vietnam have graduated from College of law of Vietnam and meets the requirements as for a similar Vietnam lawyers.
Article 30. Legal cooperation with Vietnam lawyers Organization held foreign lawyers practice in Vietnam are contracts of cooperation long term legal advice or work with Vietnam law, partnership law firm Vietnam to make Vietnam law consulting , foreign law, international law.
Article 31. To hire lawyers abroad 1. Organization of foreign lawyers practice in Vietnam was to hire foreign lawyers are licensed in Vietnam working for foreign lawyers practice in Vietnam.
2. Rights and obligations of foreign lawyers working for the Organization of practice of foreign lawyers in Vietnam by foreign lawyers practice in Vietnam and foreign lawyers agreement in accordance with contract labour legislation and this Decree.
Article 32. Lawyers hire Vietnam 1. Organization of foreign lawyers practice in Vietnam Vietnam lawyers are hired to work for the Organization of foreign lawyers practice in Vietnam.
2. A lawyer practising in Vietnam held foreign lawyers practice in Vietnam made legal advice and other legal services; is not involved in the proceedings as the excuses, who represents clients before courts of Vietnam.
3. Rights and obligations of lawyers practising in Vietnam held foreign lawyers practice in Vietnam were agreed upon in the labour contract in accordance with the provisions of the Ordinance, this Decree and the regulations of the labour legislation.
Article 33. Vietnam labour hire foreign workers, not lawyers 1. Organization of foreign lawyers practice in Vietnam was signed labor contracts with Vietnam citizens, foreigners are not lawyers under the provisions of the labour legislation.
2. Rights and obligations of workers in Vietnam, foreign workers are not lawyers working for the Organization of practice of foreign lawyers in Vietnam are specified in the agreement consistent with the labour legislation.
Article 34. The Vietnam lawyers received 1. Organization of foreign lawyers practice in Vietnam can receive the Attorney of the Union lawyer Vietnam into the practicing lawyers in the Organization of foreign lawyers practice in Vietnam.
2. The set of the practice of the lawyer's lawyer in Vietnam held foreign lawyers practice in Vietnam comply with the provisions of the law of Vietnam on the mode of practice of lawyers.
The Vietnam lawyers to practise in the organized practice of foreign lawyers in Vietnam is not involved in the proceedings as the excuses, who represents clients before courts of Vietnam.
3. Rights, obligations of the lawyer to Vietnam by foreign lawyers practice in Vietnam and the Vietnam lawyers agreed in accordance with the law.
4. local lawyers Group, the headquarters of the Organization of practice of foreign lawyers in Vietnam introduced the lawyer to organize foreign lawyers practice in Vietnam; monitoring and evaluating the results of the lawyer in the Organization of foreign lawyers practice in Vietnam.
Article 35. Accounting mode, statistical and financial obligations 1. Organization of foreign lawyers practice in Vietnam must make accounting regime, statistics in accordance with the law of Vietnam; open account by foreign money and with money at Bank of Vietnam Vietnam joint venture Bank, or foreign banks are allowed to operate in Vietnam and made all revenues, through that account.
2. Organized foreign lawyers practice in Vietnam is obliged to pay tax according to the provisions of the law.
3. Organize the foreign lawyers practice in Vietnam are accepted the provisions of the law on Foreign Exchange Management.
Article 36. Import facilities required for activity organization of practice of foreign lawyers in Vietnam are allowed to import vehicles necessary for operating in Vietnam in accordance with the law.
Article 37. Income transfer to a foreign branch, foreign law firms, foreign Parties in partnership law firms abroad and Vietnam was transferred abroad income from professional activities in accordance with the law.
Article 38. Compensation liability held foreign lawyers practice in Vietnam must be responsible for material damages due to the fault of the Organization's lawyers practicing foreign lawyer in Vietnam caused for the client.
Article 39. Professional liability insurance

Organization of foreign lawyers practice in Vietnam is obliged to purchase professional liability insurance for lawyers to practise in Vietnam under the provisions of the law on insurance.
Article 40. The notification mode, report on the Organization and operation 1. Organization of foreign lawyers practice in Vietnam must be notified in writing to the local Department of Justice, the seat of the following content: a) list or when there are changes to the list of foreign lawyers, lawyer, Vietnam Vietnam workers, foreign workers the lawyer, the Vietnam lawyers practice in organizing foreign lawyers practice in Vietnam;
b) change places are located within the province, central cities, where allowed establishment of practice of foreign lawyers in Vietnam.
2. Organized foreign lawyers practice in Vietnam must report in writing periodically six months and a year on the Organization and its activities to the Ministry of Justice, the Department of Justice Headquarters, local; in case of need to report at the request of the Ministry of Justice and the authorities under the provisions of the law.
Chapter IV CONDITIONS, form and SCOPE of PRACTICE, LICENSING PROCEDURES, rights and OBLIGATIONS of FOREIGN LAWYER Article 41. Conditions of practice of foreign lawyers meet the following conditions shall be licensed to practise in Vietnam under the provisions of this Decree: 1. Have the certificate of practice lawyers are valid by the Agency, the competent institutions of foreign countries;
2. In good faith with respect to the State of Vietnam;
3. Is a foreign lawyer organizations sent into practise in Vietnam or are an organisation of practice of foreign lawyers in Vietnam or practicing lawyers organization of Vietnam agreed recruitment into work at the institution.
Article 42. Forms of practice of foreign lawyers to practise in Vietnam under the following forms: 1. Work with the membership or for hire to the foreign lawyers practice in Vietnam.
2. Renting Law Office Vietnam, Vietnam partnership law firm.
43 things. The scope of practice of foreign lawyers practising foreign attorneys in Vietnam within the following: 1. Advise on foreign law and international law.
2. Not legal advice on Vietnam, unless by a graduate of the law of Vietnam and meets the requirements as for a similar Vietnam lawyers.
3. Is not involved in the proceedings as the excuses, who represents clients before courts of Vietnam.
Article 44. Application for a license to practice the foreign lawyer's application for a license to practice in Vietnam foreign Attorney's includes the following papers: 1. permit application in Vietnam;
2. Confirmations of Attorney held foreign lawyers be dispatched to practise in Vietnam or confirmations about the recruitment of organized foreign lawyers practice in Vietnam, the Vietnam lawyers Office, law firm partnership Vietnam, where foreign lawyers expected to work;
3. A copy of the certificate of practice of foreign lawyers lawyer, professional résumé summary, criminal or other alternative papers.
Article 45. Licensing procedure of practice in Vietnam for foreign lawyers 1. Foreign lawyers wanting to practice in Vietnam under any form prescribed in article 42 of this decree must have application for a license to practice in Vietnam sent the Ministry of Justice. Within 30 days of receipt of a valid application and fees, the Ministry of Justice to review the record and grant or refuse to grant licenses to foreign lawyers; in case of refusal to grant a licence must notify the reason in writing.
2. Licensed in Vietnam has a time limit of 5 years and can be renewed. Each extension not exceeding 5 years.
3. Licensed in Vietnam foreign Attorney grant for alternative work permit under the provisions of the law of Vietnam about labour permit for foreigners working in Vietnam.
Article 46. The rights and obligations of foreign lawyers 1. Foreign lawyers are selected forms of practice in Vietnam according to the provisions of article 42 of the Decree.
2. the foreign lawyer is transferred abroad income from professional activities in accordance with the law.
3. the foreign lawyer is obliged to submit the personal income tax under the provisions of the law.
4. foreign lawyers to practise in Vietnam is obliged to adhere to the principle of practicing lawyers as defined in article 2 of the Ordinance on the lawyer, the lawyer for the provisions of article 16 of Ordinance on the model rules, lawyers about the professional ethics of lawyers by the Justice Department.
5. foreign lawyers to practise in Vietnam to be present regularly in Vietnam.
Chapter V MANAGEMENT PRACTICE of FOREIGN LAWYERS ORGANIZATION, VIETNAM FOREIGN ATTORNEY Article 47. The duties and powers of the Ministry of Justice Ministry of Justice administers the Organization's practice of foreign lawyers, the foreign lawyer in Vietnam, has the following powers and duties: 1. Build, the competent authority issued the legal text on the practice of foreign lawyers organization foreign lawyer, in Vietnam; guidelines for implementing the legal text;

2. License, change the content license held by foreign lawyers practice in Vietnam; allow the establishment of branches of foreign law firms, law firm partnership and Vietnam; license for foreign lawyers to practise in Vietnam;
3. test, inspection on the Organization and operation of the organized practice of foreign lawyers in Vietnam, Vietnam foreign Attorney in the case to handle infringement, to resolve complaints, accusations, or in case of need;
4. Is the clue to solve the problems related to the practice of the Organization of foreign lawyers practice in Vietnam, a foreign lawyer in Vietnam;
5. Suspension of practice has a time limit, revoke the licence to practise in Vietnam for foreign lawyers; active suspension has a time limit, revoke the license held by foreign lawyers practice in Vietnam.
Article 48. The duties and powers of the ministries, ministerial agencies, government ministries and agencies, ministerial bodies, government bodies within the scope of its powers, duties, in cooperation with the Ministry of Justice made the management of the Organization's practice of foreign lawyers, the foreign lawyer in Vietnam.
Article 49. Duties and powers of the people's committees of provinces and cities directly under central 1. The people's Committee, the central cities in the scope of its powers, duties, managing the implementation of practice of foreign lawyers organization, foreign lawyers and handling violation according to the provisions of this Decree.
2. The Justice Department of the local headquarters of the Organization of practice of foreign lawyers in Vietnam helped people's Committee, the city of centrally managing the implementation of practice of foreign lawyers organization, foreign lawyers locally, has the following powers, duties : a) registration, register the change content license held by foreign lawyers practice in Vietnam; register the activity of branches of foreign law firms, law firm partnership and Vietnam;
b) provides information on the registration of the Organization's activities of foreign lawyers practice in Vietnam; branch of foreign law firms, branches of foreign partnership law firm and Vietnam for State agencies, organizations and individuals have requested under the provisions of the law;
c) track the hiring foreign attorneys, lawyers, foreign workers in Vietnam, Vietnam, labor cooperation practice, getting the lawyers of Vietnam held foreign lawyers practice in Vietnam; the hiring and operation of practice of foreign lawyers in the Office of Attorney law firm partnership, Vietnam Vietnam;
d) perform other management activities for the Organization's practice of practice of foreign lawyers in Vietnam, foreign lawyer in Vietnam according to the direction, the direction of the Ministry of Justice and the people's committees of provinces and cities under central, headquarters of the organized practice of foreign lawyers in Vietnam;
DD) check, the Inspector on the Organization and operation of the organized practice of foreign lawyers in Vietnam;
e) periodically six months and a year to report the Ministry of Justice and the people's committees of provinces and cities under central Government about the situation of the Organization and activities of the Organization of foreign lawyers practice in Vietnam in the authority and scope of management.
Chapter VI REWARDS, HANDLE COMPLAINTS and VIOLATIONS, accusations the thing 50. Rewarding individuals, organizations have the achievements in the field of practice of foreign lawyers organization, Vietnam foreign attorney shall be rewarded according to the provisions of the law.
Article 51. Handle violation for organizations, individuals in illegal practicing lawyers organization, foreign individuals practising lawyer in Vietnam under any form whatsoever without the Justice Department granted a license under the provisions of this Decree shall be forced to terminate the practice, fined with maximum level is 20 million dong and seized the account benefit from practice.
Article 52. Handling breaches held foreign lawyers practice in Vietnam held foreign lawyers practice in Vietnam in violation of the provisions of this Decree, then depending on the nature and extent of the violation that sanctioned administrative offense according to the form of the following: 1. Caution or a fine from 1.000.000 VND to 5 million VND for one of the acts the following: a) no professional liability insurance for lawyers to practise in Vietnam;
b) Not reported or reported incorrectly on the Organization and operation according to regulations;
c) does not make the registration, posted the notice, the notice prescribed in article 21, article 22 of the Decree;
d) erasing, fixing license;
DD) rental or loan license;
e) no headquarters, no sign or signs of use contrary to the provisions of the law.
2. A fine of from 5 million to 10 million dong VND over for one of the following behaviors: a) change location based from the province, the central cities to the central cities, when it has not been approved;
b) change the name when it has not been approved;
c) change branch Chief, Director of the foreign law firm, Director of partnership law firms abroad and Vietnam; the field of practice when not yet approved;

d) difficult, thwarted when the State Agency has the authority to conduct the inspection, check;
DD) suspension or cessation of activities that do not comply with the procedures regarding the suspension of operations, termination of activities under the provisions of this Decree.
3. A fine of 10 million to 20 million dong VND over for one of the following behaviors: a) of practice when have suspended operation has a time limit;
b) practice in addition to the field has been recorded in the license.
4. In the case of organized foreign lawyers practice in Vietnam there are violations of the provisions of paragraph 1 and paragraph 2 of this Article that are aggravating the fines with the highest fines in the frame and can be suspended operation has a time limit.
5. In the case of organized foreign lawyers practice in Vietnam there are violations of the provisions of paragraph 3 of this Article that there is aggravation, then fined 20 million dong and also can be revoked license.
Article 53. Handle violation against foreign lawyers 1. Foreign lawyer doing one of the following violations, depending on the nature and extent of the violation that sanctioned administrative violations in the form of caution or fine from 1.000.000 VND 10 million contract to: a practice not followed correctly) the scope of practice prescribed in article 43 of this Decree;
b) For others to use licensed in Vietnam;
c) violation of the provisions of this Decree.
2. In the case of foreign lawyers made violations of the provisions of paragraph 1 of this Article that there is aggravation, then fined from 10 million to 20 million copper and copper on the longer suspension of practice time or revoked license in Vietnam.
Article 54. The Authority handled in violation of the provincial people's Committee Chairman, city in Central People's Committee Chairman, central cities, where the headquarters of the Organization of the practice of foreign lawyers in Vietnam have the right: 1. Caution;
2. A fine of up to 20 million dong for the violation of the organization or individual provisions of this Decree;
3. The proposal to suspend the operation has a time limit or revoke license held by foreign lawyers practice in Vietnam, licensed in Vietnam foreign Attorney's jurisdiction.
Article 55. The complaint, report 1. Individuals, organizations have the right to appeal against administrative decisions, administrative acts of the State administrative bodies, competent people in State administrative bodies when be grounded for that decision, acts that are in violation of the provisions of this Decree, rights, legitimate interests.
The resolution of complaints made under the provisions of the law on complaints.
2. If you do not agree with the decision to settle claims under the administrative procedure, the complainant has the right to sue the administrative lawsuits in the courts under the provisions of the law.
3. The individual has the right to report to the competent State authorities about the violations of the provisions of this Decree.
The settlement report comply with the provisions of the law about the accusations.
Chapter VII ENFORCEMENT PROVISIONS Article 56. Transitional provisions 1. Branch of a foreign lawyer organizations in Vietnam were the Ministry of Justice granted a license under the provisions of Decree No. 92/1998/ND-CP dated 10 November 1998 from the Government about the legal practice of foreign lawyers organization in Vietnam continued the practice until the license expired; After the license expired, if they wish to practise in the form of branch, you must perform the procedure please return the license under the guidance of the Ministry of Justice.
2. The organization of foreign lawyers has been the Justice Department granted a license to put branches in Vietnam under the provisions of Decree No. 92/1998/ND-CP dated 10 November 1998 from the Government about the legal practice of foreign lawyers organization in Vietnam can make the conversion procedure branch into foreign law firm under the guidance of the Ministry of Justice.
3. foreign lawyers were the Ministry of Justice for permission to practise in Vietnam under the provisions of Decree No. 92/1998/ND-CP dated 10 November 1998 from the Government about the legal practice of foreign lawyers organization in Vietnam continued to practise in Vietnam but within the time limit of 30 days from the date of Decree to this effect is made for a license to practice pursuant to this Decree.
Article 57. Effect of the Decree the Decree take effect after 30 days from the date The report.
This Decree replaces Decree No. 92/1998/ND-CP dated 10 November 1998 from the Government about the legal practice of foreign lawyers organization in Vietnam.
Article 58. Responsible for enforcing the Decree the Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the people's committees of provinces and cities under central authority responsible for the implementation of this Decree.
The Minister of Justice is responsible for guiding the implementation of this Decree.