APEC economy: Vietnam; Jurisdiction: Vietnam
Temporary practice ('fly-in, fly-out' practice)
There is an express rule allowing temporary practice by foreign lawyers.
The relevant legislation is the Law on Lawyers (Vietnamese only). No conditions are placed on the scope of practice and a foreign lawyer is not obliged to practise in commercial association with a local lawyer or local firm (although they have this option).
Limited licensing of foreign lawyers (foreign legal consultant rules)
A foreign lawyer can obtain a limited licence entitling them to offer advisory services in foreign and international law (ie become a foreign legal consultant).
The relevant legislation is the Law on Lawyers (Vietnamese only).
Requirements that must be met in order to qualify for a limited licence include that a foreign lawyer who meets all of the following conditions shall be issued with a licence to practise in Vietnam:
- has a valid practising certificate issued by a foreign competent authority;
- respects the constitution law of the Socialist Republic of Vietnam; and
- has been assigned by a foreign firm to practise in Vietnam or agreed with a foreign lawyer or firm in Vietnam to practise as part of their organisation. As to scope of practice, a foreign lawyer practising in Vietnam may provide consultancy on foreign and international law, may provide other services concerning foreign law, may provide consultancy on Vietnamese law as he or she obtains a Bachelor of Law degree in Vietnam and meets all of the requirements for practice as a Vietnamese lawyer, may not practise in legal proceedings as defence counsel, a defender of the parties or as a representative of the client before the bodies conducting legal proceedings of Vietnam.
In order to offer advisory services in foreign and international law, a foreign legal consultant is not required to enter a commercial association with local lawyers. A foreign lawyer may practise in Vietnam in the following forms:
- working as a member of a foreign lawyer legal practice organisation or its branch in Vietnam; or
- working under a contract for a foreign lawyer legal practice organisation or its branch in Vietnam or for a Vietnamese legal practice organisation.
As at June 2009, approximately 120 limited licences had been granted to foreign lawyers in this jurisdiction.
Full licensing
A foreign lawyer can obtain a full licence to practise law in this jurisdiction.
The relevant legislation is the Law on Lawyers; Governmental Decree No 28/2007/nd-cp dated 26 February 2007; Ministerial Circular No 2/2007/tt-btp dated 25 April 2007.
In order to obtain a full licence to practise law in this jurisdiction, foreign lawyers must have a valid practising certificate issued by a foreign competent authority; respect the Constitution and law of the Socialist Republic of Vietnam; and be assigned by a foreign lawyer's organisation to practise in Vietnam or agree with a foreign lawyer legal practice organisation or its branch in Vietnam or a Vietnamese lawyer legal practice organisation to work in the organisation. These requirements are different from the rules applicable to a local applicant in that a Vietnamese citizen may practise law if he or she obtains a Bachelor of Law degree, has trained in a professional legal practice or undergone an apprenticeship, and obtains a practising certificate and is admitted by a Bar Association.
Commercial association between lawyers and law firms
In this jurisdiction:
- local lawyers may be employed by another local lawyer of a local firm;
- local lawyers may be employed by a foreign lawyer or foreign firm;
- foreign lawyers may provide services in some other form of commercial association with local lawyers;
- foreign firms are permitted to establish a commercial presence (a permanent office) to offer advisory services in foreign and international law;
- foreign firms are required to enter into commercial association with local lawyers or law firms.
Other regulatory issues
In this jurisdiction:
- there are specific rules in relation to advertising. These rules are the Ordinance on Advertisement;
- there are no specific rules in relation to use of names by lawyers or law firms.
Foreign lawyers and firms are treated differently from local lawyers in the application of these rules in that a person must be admitted to the Wyoming State Bar to practise in Wyoming. Foreign lawyers would not be allowed to advertise as attorneys in Wyoming.
Contacts
| Category | Name | Website or other contact details |
|---|---|---|
| Organisation(s) that controls licensing of lawyers | The Ministry of Justice | www.moj.gov.vn |
| Peak professional association representing the legal profession | The National Lawyers Federation (newly established) | Other associations playing a significant role in developing policy for the legal profession | Vietnam Lawyers Association | vla@fpt.vn |
Other issues
Foreign lawyers practising in Vietnam play an increasingly important role in improving skills and experiences for Vietnamese lawyers in dealing with international commercial disputes. Many law firms have recently been hired by the government.