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International law firms in Vietnam

Mon, 30 Jun 2014. Last updated Thu, 25 Jun 2015 08:45

International law firms in Vietnam will perform its function in the following forms: branches of international lawyers' organizations, international law firms, and partnership law firms between international lawyers’ organizations and Vietnam’s.

International law firm which is established, legally practicing law overseas and having goodwill towards Vietnam State are admitted to practice in Vietnam, according to provisions of Socialist Republic of Vietnam’s law. Vietnam government ensures no discrimination between foreign lawyers and international law firms in Vietnam. Simultaneously, protect property rights on investment and other legitimate rights and interests of international law organizations and foreign lawyers practicing in Vietnam under regulations of Vietnam investment law.

International law firms will be practiced in Vietnam in the following forms: branches of international lawyers' organizations, international law firms, partnership law firms between international lawyers’ organizations and Vietnam’s.

 

Mr. Mark Fraser and Fraster Lawyer company

 

Branches which are dependent units of international lawyers' organizations are established in Vietnam in accordance with the provisions of Vietnam’s current laws. Branches are infinitely responsible for their own activities before Vietnam’s laws. Correspondingly, international law firms in Vietnam appoint a lawyer as Head of branch. He has responsibility to manage and operate all activities in branches in Vietnam and is the legal representative of the Branch. Head of branches may be a foreign lawyer or a Vietnamese one.

Vietnam international law firm is a lawyer practicing organization held by one or more international law firms established in Vietnam under Vietnam law on investment. These firms are indefinitely self-managed and self-responsible for all their own activities under laws in Vietnam. Accordingly, the director of Vietnamese international law firm is the legal representative of the company. He may be a Vietnam lawyer or international one.

Partnership law firms between international organizations and Vietnam’s is a lawyer’ practicing organization established in Vietnam on the basis of a partnership agreement between one or more international lawyers' organizations and one or more partnership law firms in Vietnam under the provisions of the current law in Vietnam. Each partner in the partnership law firm is jointly indefinitely responsible for all activities under the law of Vietnam. Accordingly, rights, obligations and relations between partners, organizational structures, and management of these firms are specified in the partnership agreement. Director of partnership law firm between Vietnam and international organization is the legal representative of the company. He may be also a foreign lawyer or a Vietnamese one.

Documents for the establishment of branches, international law firms, partnership law firms between Vietnam and international organization (hereinafter referred as international lawyer practicing organization in Vietnam) must be sent to Ministry of Justice. Within 60 days from the date of receipt of a valid application and fee, Ministry of Justice has a responsibility to examine dossiers and grant or refuse a license. This license shall be made in three (3) copies: one for international lawyer practicing organization in Vietnam, one for People's Committee of provinces and centrally run cities where set Headquarter of the international lawyer practicing organization, and one for Ministry of Justice. The license takes effect right from the date of signing. In case of refusal to grant a license, Ministry of Justice must notify in writing and state the reason. Accordingly, international lawyer practicing organizations in Vietnam are only allowed to put operation from the date of issuance of registration.

 

PWC - A Vietnam international law firm

 

Within 15 days from the date of registration issuance, international lawyer practicing organizations in Vietnam must publish local or national newspaper in three consecutive times; notice in writing to Bar Association, the local tax authority where Headquarter of the organization sets with the following major contents: name and address of the firm’s headquarter, field of practice, name of Head of branches, Director of international law firms, Director of partnership law firms in Vietnam. Any changes on personnel, consolidation or merger, suspension or termination of activities must be approved by the Ministry of Justice and related agencies.

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