Vietnam is steadily improving its legal framework to welcome the participation of foreign lawyers. However, the path to practicing here is not merely a matter of administrative formalities. It requires a combination of legal knowledge, adaptability to the local environment, and the support of an appropriate legal organization. Thus, is the practice of law in Vietnam for foreign lawyers a wide-open opportunity, or rather a challenging journey?
1. Conditions for Practice
According to Article 74 of the Consolidated Law on Lawyers, foreign lawyers must meet the following legal and ethical requirements:
1. Hold a valid practicing certificate issued by a competent authority or organization abroad;
2.. Have experience in providing advice on foreign law and international law;
3.. Commit to complying with the Constitution, laws of the Socialist Republic of Vietnam, and the Code of Ethics and Professional Conduct for Vietnamese Lawyers;
4. Be seconded to Vietnam by a foreign law-practicing organization, or be employed by a branch, foreign law firm in Vietnam, or a Vietnamese law-practicing organization.
2. Forms of Practice
Under Article 75, foreign lawyers may choose one of the following two forms of practice:
- Work as a member of a branch or a foreign law firm in Vietnam;
- Work under a contract with a branch, foreign law firm, or a Vietnamese law-practicing organization.
3. Scope of Practice
Article 76 defines the scope of activities permitted for foreign lawyers in Vietnam, including:
- Providing advice on foreign law and international law;
- Providing other legal services related to foreign law;
- Providing advice on Vietnamese law if they hold a Vietnamese law degree and meet the same requirements as Vietnamese lawyers;
- They may not participate in litigation as representatives, defense counsels, or protectors of legitimate rights and interests of parties before Vietnamese courts.
4. Licensing Procedure for Practicing in Vietnam
4.1 Features of the License
Pursuant to Clauses 2 and 3, Article 82:
- Term: Up to 5 years, renewable, with each renewal not exceeding 5 years;
- This license replaces the work permit for foreigners practicing law in Vietnam.
4.2 Application Dossier
As stipulated in Clause 4, Article 82, a foreign lawyer must prepare:
a) An application form for a license to practice law in Vietnam;
b) Documents confirming that the lawyer has been seconded by a foreign law-practicing organization to Vietnam, or confirming employment by a branch, foreign law firm in Vietnam, or Vietnamese law-practicing organization;
c) A copy of the practicing certificate, a curriculum vitae detailing professional experience, and a criminal record certificate or equivalent document.
4.3 Licensing Procedure
Step 1: Prepare the application dossier for a license to practice law in Vietnam;
Step 2: Submit the dossier to the Ministry of Justice;
Step 3: Review and processing:
- Timeline: Within 30 days from receipt of a valid dossier and fee;
- The Ministry of Justice will issue the practice license for the foreign lawyer;
- In case of refusal, written notification stating the reasons must be provided.
Step 4: Receipt of results
Upon receiving the license, foreign lawyers are entitled to rights under Vietnamese law, and must comply with obligations regarding tax payment, professional ethics, practice rules, residency requirements, and other obligations set out in Article 77.
In summary, practicing law in Vietnam as a foreign lawyer is neither impossible nor straightforward. It requires a solid understanding of Vietnam’s legal system, strict compliance with specific conditions, and an appreciation for the unique characteristics of the local legal environment. With thorough preparation and a respectful, open-minded approach, the opportunity to practice law in Vietnam can indeed become a reality
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1. Lawyer Vu Thi Phuong Thanh, Ha Noi Bar Association
Email: vtpthanh@tlalaw.vn
2. Lawyer Tran My Le, Ha Noi Bar Association
Email: tmle@tlalaw.vn
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