Legal Investment Condition (CPC 861) in Vietnam

• Base

– WTO, FTAs, AFAS

– Law on Lawyers No. 65/2006 / QH11 dated 29/6/2006

– Law on amending and supplementing some articles of the Law on Lawyers, No. 20/2012 / QH13 dated 20/11/2012

– Law on amending and supplementing some articles of Intellectual Property Law No. 36/2009 / QH12 dated 19/6/2009

• Resolution:
  1. WTO, FTAs, AFAS
  a / Foreign lawyers’ organization (which is an organization of lawyers practiced by one or more lawyers or foreign lawyers in foreign countries under any form of commercial company, including law firms limited liability company, joint stock law firm) is permitted to establish commercial presence in Vietnam in the following forms:
  – The branch of the foreign lawyers’ organization.
  – Subsidiary of the foreign lawyers’ organization.
  – Foreign law firms (which are established by one or more foreign lawyers’ organizations in Vietnam for the purpose of practicing law in Vietnam).
  – Partnerships between foreign lawyers organizations and Vietnamese law partnerships.
  The commercial presence of a foreign lawyers’ organization shall be permitted to consult Vietnamese law if the law consultant has graduated from a Vietnamese law university and meets the requirements applicable to Vietnamese lawyers practicing similar law. Male.
  b/ Scope of operation: Foreign lawyers organizations are allowed to provide legal services, except:
  – Participating in legal proceedings as defense counsels or representing their clients before Vietnamese courts;
  – Legal and notary services related to Vietnamese law.

2. Vietnamese law
a) Form of investment
– The branch of the foreign law-practicing organization.
– 100% foreign owned limited liability company.
– A limited liability law firm in the form of a joint venture.
– Law partnership companies between Vietnam-based foreign lawyer’s profession-practicing organizations and law partnerships.
b) Scope of activities
– Providing legal advice and other legal services.
– Foreign lawyers and Vietnamese lawyers in their law-practicing organizations may not be invited to participate in legal proceedings in the capacity as representatives, defense counsels or defense counsels of the parties’ legitimate rights and interests before courts. or provide legal and notarial services related to Vietnamese law.
– Not allowed to provide industrial property representation services or industrial property assessment services.
c) Foreign investors: They have been established and are practicing lawful law in foreign countries.