Do law firms have the right to hire foreign lawyers to work for their organization? In what form will a foreign lawyer be sanctioned for administrative violations and have his/her license to practice in Vietnam revoked?

1. Does a law firm have the right to hire foreign lawyers to work for its organization?

Hiring foreign lawyers to work for law firms is stipulated in Article 16 of Decree 123/2013/ND-CP as follows:

Hiring foreign lawyers to work for law-practicing organizations lawyer

Law-practicing organizations can sign labor contracts to hire foreign lawyers who have been licensed to practice in Vietnam to work for their organization. The rights and obligations of foreign lawyers employed by law-practicing organizations are agreed upon in contracts in accordance with the Law on Lawyers, this Decree and relevant laws.

Within 07 working days from the date of signing the labor contract to hire a foreign lawyer, the law-practicing organization must notify in writing the Department of Justice where its operations are registered, along with the labor contract. .

Within 07 working days from the date of termination of the labor contract hiring a foreign lawyer, the law-practicing organization must notify in writing the Ministry of Justice and the Department of Justice where it registers its operations.

Thus, according to the above regulations, the law firm can sign a labor contract to hire a foreign lawyer who has been granted a license to practice in Vietnam to work for the organization. me.

Note: Within 07 working days from the date of signing the labor contract to hire a foreign lawyer, the law firm must notify in writing the Department of Justice where its operations are registered, along with the labor contract.

2. In what form will a foreign lawyer be sanctioned for administrative violations and have his/her license to practice in Vietnam revoked?

The revocation of a foreign lawyer’s License to practice in Vietnam is stipulated in Clause 1, Article 41 of Decree 123/2013/ND-CP (amended by Clause 10, Article 1 of Decree 137/2018/ND-CP) as follows:

Revoke the License to practice in Vietnam of foreign lawyers

1. A foreign lawyer’s license to practice in Vietnam is revoked in one of the following cases:

a) Foreign lawyers are not qualified to practice in Vietnam according to the provisions of Article 74 of the Law on Lawyers; The License to practice law in Vietnam is not renewed or the practice period stated in the License expires but the extension procedures are not carried out;

b) Being sanctioned for administrative violations in the form of deprivation of the right to use the License to practice in Vietnam according to the provisions of law on handling of administrative violations;

c) Be prosecuted for criminal liability;

d) Stop practicing law in Vietnam according to your wishes;

d) Not being recruited or signed a labor contract by a branch, foreign law firm in Vietnam, or a Vietnamese law-practicing organization for a period of 06 consecutive months;

e) No longer eligible to practice law abroad.

2. The Ministry of Justice decides to revoke the license to practice in Vietnam of foreign lawyers.

Accordingly, if a foreign lawyer is sanctioned for an administrative violation in the form of deprivation of the right to use his/her license to practice in Vietnam according to the provisions of law on handling of administrative violations, his/her license to practice in Vietnam may be revoked.

3. In case a foreign lawyer violates the Code of Ethics and Professional Conduct of Vietnamese Lawyers, what is the responsibility of the Department of Justice?

In case a foreign lawyer violates the Code of Ethics and Professional Conduct of Vietnamese Lawyers as stipulated in Clause 1, Article 42 of Decree 123/2013/ND-CP as follows:

Notice of foreign lawyers violating the Code of Ethics and Professional Conduct of Vietnamese Lawyers

1. When a foreign lawyer is discovered to have violated the Code of Ethics and Professional Conduct of Vietnamese Lawyers, the Department of Justice where the foreign lawyer practices shall request the Ministry of Justice to notify the foreign law-practicing organization that sent the foreign lawyer to practice in Vietnam or the Vietnamese law-practicing organization that recruited that lawyer.

2. If a foreign lawyer commits a violation as prescribed in Clause 1 of this Article and repeats the violation, the Department of Justice where the foreign lawyer practices shall request the Ministry of Justice to consider revoking or not renewing the foreign lawyer’s practice license.

Thus, according to regulations, in case a foreign lawyer violates the Code of Ethics and Professional Conduct of Vietnamese Lawyers, the Department of Justice where the foreign lawyer practices is responsible for requesting the Ministry of Justice The law notifies the foreign law-practicing organization that appoints the foreign lawyer to practice in Vietnam or the Vietnamese law-practicing organization that has recruited that lawyer.