What should a foreign lawyer do to be licensed to practice law in Viet Nam?

Legal situation: I have a friend, a foreign lawyer, who wants to work in Vietnam. He has a lawyer practicing certificate in America. If he wants to practice law in Vietnam, what conditions must be responded to, and what procedure must be followed?

Answer:

First of all, FDVN Law Firm would like to give our formal greeting and grateful thanks to you. For all the things you care about, we would like to state via the following content:

1. Conditions of foreign lawyers to be be licensed lawyer practicing certificate in Vietnam

Pursuant to Article 74 Law on Lawyers no 65/2006/QH11 dated June 29th, 2006,   amended and supplemented by Law amending and supplementing a number of articles of the law on Lawyers No. 20/2012/QH13 (referred to as Law on Lawyers 2006, amended and supplemented in 2012), stipulates that foreign lawyers who fully meet the following conditions will be granted a license to practice law in Vietnam:

- Have a valid law practice certificate issued by a competent foreign agency or organization;

- Experience in consulting foreign and international law;

- Commit to complying with the Constitution and laws of the Socialist Republic of Vietnam and the Rules of Ethics and Professional Conduct of Vietnamese Lawyers;

- Nominated to practice laws in Vietnam by Foreign law-practicing organizations or to be recruited by foreign law firms, agencies in Vietnam, and Vietnamese law-practicing organizations to work at those organizations.

2. Procedures for granting and extending law practice licenses in Vietnam for foreign lawyers.

Pursuant to Article 82 of the Law on Lawyers 2006, amended and supplemented in 2012, the procedures and dossiers for issuance of Licenses to practice law in Vietnam for foreign lawyers are prescribed as follows:

Regarding profile components:

- Application for a License to practice law in Vietnam;

- Documents certifying that you are a lawyer of a foreign law-practicing organization appointed to practice in Vietnam or documents confirming the recruitment of foreign law firms, agencies in Vietnam, or Vietnamese foreign law-practicing organizations where foreign lawyers are expected to work;

- Copy of Law Practicing Certificate; Curriculum vitae summary; Judicial record or other alternative documents.

Regarding procedures:

Foreign lawyers practicing in Vietnam submit documents to the Ministry of Justice within thirty days from the date of receipt of valid documents and fees, the Ministry of Justice shall issue a Vietnamese law-practicing License to foreign lawyers; In case of refusal, it must be notified in writing and clearly stated the reason.

The validity of the  Vietnamese law-practice license of foreign lawyers is five years and can be extended, each extension not exceeding five years.

A foreign lawyer's license to practice law in Vietnam replaces the Work Permit according to the provisions of Vietnamese law on granting Work Permits to foreign people working in Vietnam.

We ensure to provide you with accurate and explicit consultancy. Please feel free to contact us if you have any questions.

Best Regards,

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