Non lawyers investing in law firms

Talking Law (02-11-2005) Draft Investment Law clarifies important issues (02-11-2005) The Draft Investment Law, which is being debated for approval at the 11th National Assembly’s 8th session, is a controversial law that has drawn much public attention. by Tran Anh Duc and Jesse Lieberman, lawyers of VILAF – Hong Duc The sixteenth Draft Investment Law currently in the works is part of Viet Nam’s efforts to follow international investment practices as it looks to further integrate into the global market. While this effort indicates Viet Nam’s seriousness regarding trade and joining bodies like the WTO, the draft has faults that alarm foreign investors. A good indication that Viet Nam is developing rules for a market economy is Article 8.2 prohibiting the Government from forcing investors into certain market-unfriendly activities. Article 8.2 prohibits the Government from: forcing purchase, use of domestic goods and services; forcing export of a certain … [Read more...] about Draft Investment Law clarifies important issues

NA mulls Enterprise, Investment Laws (22-11-2005) HA NOI — Eleven contentious provisions of the new Enterprise Law were debated in the National Assembly yesterday. The provisions, raised by the deputies when the proposed changes were first discussed earlier this month, ranged from the liabilities of State Owned Enterprises (SOEs) and the protection of minority share holders to where shareholder meetings should be held. Economic and Budgetary Affairs Committee Chairman Nguyen Duc Kien assured the deputies that all 11 provisions had been reviewed. The committee believed that having one form for both business registration and investment was a positive step toward administrative reform and was intended to make it easier for enterprises to enter the market, he said. The exclusion of co-operatives in the new law divided the assembly. Deputy Truong Van Hien, central Nghe An Province, agreed with the decision saying that the activities of co-operatives were quite … [Read more...] about NA mulls Enterprise, Investment Laws

Deputy PM backs preferential policies for efficient FDI firms The Saigon Times Daily A laborer is seen working at a foreign invested company in Vietnam – PHOTO: QUOC HUNG HCMC - The Government’s preferential policies should be extended to well-performing foreign direct investment (FDI) firms only to ensure fairness for State-owned firms and prevent possible revenue losses for the State budget, the Government news website reported, citing Deputy Prime Minister Vuong Dinh Hue. At a meeting on February 28 with the National Assembly’s Economic Committee and the relevant ministries and agencies on the performance of FDI firms and incentives offered to them, Deputy PM Hue stated that incentives should be applied in an appropriate manner, focusing on attracting projects run by multinational groups. At the meeting, Deputy Minister of Finance Huynh Quang Hai noted that Vietnam currently hosts 21,400 FDI enterprises, accounting for some 3% of the total number of firms … [Read more...] about Deputy PM backs preferential policies for efficient FDI firms

by Thuy Ha Several villas built in Viet Hung New Urban Area in Ha Noi's Long Bien District. Experts urge a revision of the laws on land management to make them more practical and effective. — VNA/VNS Photo Tuan Anh HCM CITY — The laws that regulate land administration are hindering investment in construction projects, particularly in real estate, legal experts have said. Overlapping and inappropriate regulations regarding investment and construction, coupled with poor management, largely contributed to the ineffectiveness of real-estate investments, Nguyen Viet Hoang of Ha Noi-based Cazpro Law Firm told participants at a workshop held in HCM City on Wednesday. Another contributing factor was the weak enforcement of administration officers, Hoang said. Workshop participants discussed several ways to overcome the obstacles involved in leasing and allocating land to real-estate companies. A survey conducted by the Ministry of Transport in 2008 said … [Read more...] about Revision of land law management urged

Enterprise law needs fine-tuning (07-03-2005) HA NOI — The much-awaited unified Enterprise Law needs further modifications in order to get rid of administrative snags and create a truly level playing field for all businesses, said a conference organised to review the latest draft of the law. Representatives at the conference last Friday, which included members of Viet Nam’s business community and lawyers, acknowledged that the law would create a breakthrough in the country’s business environment. Director of the Trans-Pacific Service Company, Nguyen Minh Phu said the unified law would be a big step for all economic sectors to get on an even keel. "The draft law complies with international rules on business administration, and has satisfied all the demands of the country’s development process," Nguyen Dinh Cung, a member of the committee which drafted the law, said. The law, which merges existing laws, including the State-owned Enterprises (SOEs) Law, Foreign … [Read more...] about Enterprise law needs fine-tuning

Deputies debate lawyers’ role, rights (17-02-2006) HA NOI — Debating the draft Law on Lawyers at the conference of full-time National Assembly deputies, many deputies said it was necessary to clearly regulate the rights and responsibilities of lawyers in legal proceedings. The debate was part of a 12-day conference that opened on Monday to preliminarily debate 11 draft laws that will be presented to the full National Assembly for consideration at its ninth session, opening in May. Le Xuan Thao of the Viet Nam Lawyers Association said lawyers face many difficulties when taking part in procedural activities, so the draft law should specify procedural responsibilities in a way that does not hinder lawyers in the practice of their profession. The draft law would also regulate qualifications for practising law, including a provision that would require lawyers to belong to a bar association. Many deputies agreed with this requirement, saying that participation in a bar … [Read more...] about Deputies debate lawyers’ role, rights

National Assembly session debates Law on Lawyers (23-05-2006) HA NOI — Discussing the draft Law on Lawyers at the ongoing NA session, majority of the National Assembly deputies were in agreement in not allowing public servants to work as lawyers. Lawyers can provide professional legal services through contracts for clients who can be individuals, offices or organisations, they said, after hearing a report prxesented by the NA Law Committee head Nguyen Duc Khien. However, pointing to the necessity of having State lawyers, deputy Nguyen Dinh Loc from HCM City said the system was necessary as various Government officials and offices failed to fully comprehend laws and many countries around the world still continued to have the system of State lawyers. Speaking on free legal aid for the poor, many deputies disagreed with the idea of lawyers providing free legal aid for at least 80 hours, and instead called for providing obligatory legal services through provincial … [Read more...] about National Assembly session debates Law on Lawyers

Assembly passes budget resolution, 3 laws (23-06-2006) Passengers board an airplane at Noi Bai International Airport in Ha Noi. — VNA/VNS Photo Bui Tuong HA NOI — The National Assembly yesterday passed three laws as well as the Resolution on Ratification for the Clearing of the State Budgetary Balance for 2004. Law on Lawyers The Law on Lawyers, which will replace the July 2001 ordinance on January 1, 2007, was adopted yesterday with a nearly 84 per cent approval vote. Article 14 states that apprentice lawyers must complete 18 months of apprenticeship. They are allowed to help their senior lawyers in their duties, but not allowed to take up professional practise or have clients during their period of apprenticeship. This regulation ensures work quality, although it was described as rigid by some deputies during the debate on the law late last month. Lawyers are banned from providing legal services to clients who have conflicting interests in … [Read more...] about Assembly passes budget resolution, 3 laws

President promulgates three important laws (20-07-2006) HA NOI — The President’s office officially announced the President’s decree promulgating the laws on Securities, Lawyers and Legal Aid in the capital yesterday. The laws will come into effect from January 1, 2007. The Law on Securities aims at providing a legal framework for the securities market to develop rapidly, in a stable manner, and to protect the legal interests of investors, individuals or organisations investing in the market. Speaking at a press conference, a representative from the Ministry of Finance, the law’s sponsor, said that the ministry had drafted three decrees guiding the implementation of the law and related legal guides to ensure its implementation immediately after coming into force. It is expected that the decrees and guides will be submitted to the Government for approval in November, 2006. With nine chapters and 94 articles, the Law on Lawyers extensively covers terms and … [Read more...] about President promulgates three important laws

NA debates law on complaints (05-11-2005) HA NOI — The legal mechanism needed to deal with complaints and denunciations and the role of lawyers in the process were the major topics of debate in the National Assembly (NA) yesterday. The deputies were debating the draft Complaints and Denunciations Law and questioned the NA’s deputy chairman Nguyen Van Yeu about the difference between complaints and denunciations. Yeu explained that next year the Complaints and Denunciations Law would be divided into a Complaints Law and a Denunciations Law. Earlier, deputy Bui Si Loi, Thanh Hoa Province, said that the draft law under discussion failed to identify who could lodge a complaint and who could make a denunciation. Each was different and should have their own specific mechanism rather than be combined, he said. Investment Law Citing opinions received from the European, American and Australian Chambers of Commerce on the draft Investment Law, Minister … [Read more...] about NA debates law on complaints