Introduction to the Vietnamese law firm
Post date: 28-04-2016
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A Vietnamese law firm is a business entity formed by one or more Vietnamese lawyers to engage in the practice of law.
Vietnamese law firm
A. Scope of legal practice of Vietnamese law firm.
The primary service rendered by a Vietnamese law firm is:
1. Participation in legal proceedings in the capacity of defence counsel for a detainee or for a plaintiff or defendant in civil or criminal proceedings, or as the person protecting the interests of a person who has suffered loss and damage, of a plaintiff or defendant in civil proceedings, or of a person with related interests or obligations in a criminal case.
2. Participation in legal proceedings in the capacity of representative of or person protecting the lawful rights and interests of a plaintiff, defendant or person with related interests or obligations in a case concerning a dispute about a civil, marriage and family, business, commercial, labour or administrative matter; or a petition about a civil, marriage and family, business, commercial, labour or any other case as stipulated by law.
3. Provision of legal consultancy to clients (individuals or corporations).
4. Representation of clients other than in legal proceedings to carry out work relating to the law.
5. Provision of other legal consultancy services in accordance with this Law.
B. Forms of Vietnamese law firm.
Vietnamese Law firms are organized in a variety of ways. Common arrangements include:
1. Vietnamese law offices.
2. Vietnamese law companies.
C. Vietnamese laws offices
1. A Vietnamese laws office established by one Vietnamese lawyer shall be organized and operate in the form of a private enterprise.
A Vietnamese lawyer who establishes a Vietnamese law office shall be the head of the office and shall be liable to the full extent of his or her assets for all obligations of the office. The head of the office shall be the legal representative of the office.
2. A lawyer shall be permitted to select the name of his or her lawyer”s office which shall comply with the provisions of the Law on Enterprises, but the name must include the phrase "law office", and the name must not be the same as or a name which causes misunderstanding with the name of another legal practising organization already registered for operation, and may not use words or symbols which breach ethical, cultural and historical traditions and the fine customs of the Vietnamese people.
3. A Vietnamese law office shall have a seal and a bank account in accordance with law.
D. Vietnamese Law companies
1. Vietnamese law companies shall comprise Vietnamese law partnerships and Vietnasese limited liability law companies. All members of a Vietnamese law company must be lawyers.
2. A Vietnamese law partnership shall be established by at least two lawyers. A Vietnamses law partnership shall not have capital contributing members.
3. Vietnamese limited liability law companies shall comprise limited liability law companies with two or more members, and one member limited liability law companies.
A Vietnamses limited liability law company with two or more members shall be established by at least two lawyers.
A one member limited liability law company shall be established by one lawyer who shall act as the owner.
4. The partners of a law partnership or the members of a limited liability law company with two or more members shall elect one of their partners or one of their members to act as director of the company.
The lawyer acting as the owner of a one member limited liability law company shall be the director of the company.
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Sources: Vietnamese Law on lawyers
Lawyer Vietnam Law Firm - Vietnamese law firm
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