Vietnamese solicitor

 A Vietnamese solicitor is a Vietnamese lawyer who deals with any legal matter including conducting proceedings in court.

Vietnamese lawyers certificate to act as Vietnamese solicitor

1. Activities being participation in legal proceedings in the courts by Vietnamese lawyers to act as a Vietnamese solicitor must comply with the provisions of the law on legal proceedings and Law on lawyers.

2. When a Vietnamese lawyer participates in a legal proceeding to act as Vietnamese Solicitor protecting the lawful rights and interests of a litigant in a civil or administrative case or protecting the lawful rights and interests of a person who has suffered loss and damage, of a plaintiff or defendant in civil proceedings, or of a person with related rights and obligations in a criminal case, such Vietnamese lawyer must present his or her lawyer”s card and the letter of request to the lawyer from the client.

 Within a time-limit of three (3) working days of production by the lawyer of the lawyer”s card and the letter of request to the lawyer from the client, the body conducting legal proceedings shall issue a lawyer”s certificate to act in the legal proceeding and such Vietnamese lawyer is called a Vietnamese solicitor; in the case of refusal, it must provide a written notice specifying its reason.

3. When a Vietnamese lawyer participates in a criminal proceeding in the courts as a defense counsel or Vietnamese solicitor, such Vietnamese lawyer shall be issued with a certificate by the body conducting legal proceedings to act as defense counsel or solicitor. Such certificate shall be valid during all stages of such proceeding.

 When applying for issuance of a certificate to act as a defense counsel or solicitor, the Vietnamese lawyer must present the following documents:

 (a) Lawyer”s card;
 (b) Letter of request to the Vietnamese lawyer from the temporary detainee, the plaintiff or defendant or from any other person or letter of appointment of the Vietnamese lawyer from the legal practicing organization where such Vietnamese lawyer practices or in the case of a Vietnamese lawyer practicing as an individual, letter of  appointment from the bar association in the case of participating in a criminal proceeding at the request of the body conducting legal proceedings or in the case of providing legal aid.

 No later than three (3) working days or 24 hours in the case of temporary detainment from the time of receipt of complete and valid documents, the body conducting legal proceedings shall issue a certificate to act as defense counsel or solicitor to the lawyer which permits the legal practice probationer to participate in the case (if any); in the case of refusal, the body conducting legal proceedings must provide a written notice specifying its reasons.

 A Vietnamese solicitor shall present his or her lawyer”s card and certificate to act as defense counsel or solicitor whenever it is necessary to liaise with any individual, body or organization in order to exercise rights or discharge obligations or to conduct other activities relating to defense in a criminal case.

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