Opening a Law Office in Vietnam: A Comprehensive Guide

The legal profession continues to attract many individuals, offering diverse career paths like lawyers, judges, and legal consultants. Some graduates choose to open a law office, a venture requiring careful consideration and adherence to legal regulations. This article by NT International Law Firm provides a detailed guide to the conditions and procedures involved in opening a law office in Vietnam.

Opening a Law Office in Vietnam: A Comprehensive Guide

Defining a Law Office:

While a clear definition isn’t explicitly stated in Vietnamese law, based on the Law on Lawyers 2006, a law office can be understood as a private enterprise established and operated by a lawyer. The lawyer assumes full responsibility for all obligations incurred by the office, essentially becoming synonymous with the entity.

Scope of Practice:

As per Article 22 of the Law on Lawyers 2012, lawyers operating a law office can engage in the following activities:

• Providing legal advice: Offering legal insights and guidance on various matters.
• Litigation representation: Representing clients as defenders, plaintiffs, or defendants in civil and criminal cases.
• Dispute resolution: Acting as representatives or protectors for clients in civil, family, business, and other disputes.
• Non-litigation services: Performing legal work outside of court proceedings.
• Other services: Engaging in additional legal services as prescribed by law.

Conditions for Opening a Law Office:

To establish a law office, several conditions must be met:

• Lawyer Qualifications: The head lawyer must possess a valid Law Practicing Certificate and have at least two years of continuous practice experience under a contract with a legal organization or as an individual practitioner.
• Suitable Workplace: The office must have a dedicated physical space for legal operations.
• No Conflict of Interest: The head lawyer cannot be involved in establishing or managing any other law firm or legal practice organization.

Procedures for Opening a Law Office:

1. Application Preparation: Gather the necessary documents, including:
   • Application for active registration.
   • Copy of the Law Practicing Certificate.
   • Copy of the head lawyer’s lawyer card.
   • Documents proving the office headquarters location.
   • Authorization letter (if applicable, for someone other than the head lawyer to handle procedures).
2. Document Submission: Submit all required documents to the Department of Justice where the law office will be located.
3. Registration Review and Approval: The Department of Justice has 10 working days to review the application and issue an operation registration certificate if approved. In case of refusal, they must provide written notification.
4. Bar Association Notification: Within seven working days of receiving the operation registration certificate, the head lawyer must notify the Bar Association to which they belong and submit a copy of the certificate.

Additional Notes:

• Law offices are established as private enterprises and cannot issue securities.
• Conversion to a limited liability company or partnership is possible.
• A law office must have its own seal and account as per legal requirements.
• The Law on Lawyers governs the operations of law offices, with the Ministry of Justice at the central level and the Department of Justice at the local level providing oversight.

By fully understanding these conditions, procedures, and regulations, aspiring lawyers can confidently navigate the process of opening a law office in Vietnam. Remember to consult with legal professionals for expert advice and ensure compliance with all legal requirements.

NT International Law Firm is Here to Help

NT International Law Firm has addressed the question of how to establish your own law office. If you have any further questions or concerns regarding corporate law, please contact our law firm immediately for expert legal advice.

If you require any legal assistance, please feel free to reach out to us via phone at 090 252 4567 or through email: info@ntpartnerlawfirm.com. At NT INTERNATIONAL LAW FIRM, our team is committed to offering you prompt and personalized advice.

You also might be interested in:

• The 2015 Civil Code in English
• The 2020 Law On Enterprises in English
• The 2006 Law On Lawyers in English