Legal service

Legal service

 

TT INDUSTRY, SUB-SECTOR CONDITIONS RESTRICTING MARKET ACCESS LEGAL GROUNDS
20 Legal service

1. Provisions in the Agreements:

Legal services (CPC 861, excluding: participating in legal proceedings as a defense counsel or representing their clients before the Vietnamese Courts; legal document services and notarization related to legal matters. Vietnamese law): A foreign lawyer’s organization[1] is permitted to establish a commercial presence in Vietnam in the following forms:

– Branches of foreign lawyers’ organizations.

– Subsidiary of foreign lawyers organization.

–  Foreign law firm[ 2] .

–  Partnership between a foreign law firm and a Vietnamese law partnership.

The commercial presence of a foreign lawyer organization is allowed to provide Vietnamese law advice if the consulting lawyer has graduated from a Vietnamese law university and meets the requirements applicable to similar Vietnamese lawyers.

2. Law of Vietnam

– Commit and ensure that at least two foreign lawyers, including the head of the branch, the director of the foreign law firm, are present and practice in Vietnam for 183 days or more in a continuous period of twelve months (Clause 2, Article 68 of the Law amending the Law on lawyers 2012).

– The scope of activities of the practicing organization Foreign lawyers related to intellectual property Wisdom: “Not allowed to do business in public services” industrial property agent, representation service rights to plant varieties, services intellectual property assessment”.

-WTO, AFAS, VJEPA, VKFTA, EVFTA, CPTPP

– Law on lawyers  2006

– The Law amending and supplementing a number of articles of the Law on lawyers 2012.

– Law amending and supplementing a number of articles of the Intellectual Property Law 2009.

  • “Foreign lawyer organization” means an organization of practicing lawyers established in a foreign country by one or more lawyers or law firms in any form of commercial company (including law firm, limited liability law firms, joint stock law firms, etc.).
  • A foreign law firm is an organization established in Vietnam by one or more foreign law organizations for the purpose of practicing law in Vietnam.