Contents
Article 4. Policy of the State regarding Lawyers
Article 5. The Principles of Conducting Activities of Lawyers
Article 6. Protection of Lawyers
Article 7. Scope of Application of this Law
Article 8. International Cooperation
Article 9. Qualifications of Lawyers
Article 10. Qualifications of being a Lawyer for Aliens and Foreigners
Article 11. Professional Lawyer Training
Article 12. Exclusion from Professional Lawyer Training
Article 14. Exclusion or Reduction of Lawyer Internship
Article 15. Lawyer Examination
Article 16. Appointment of Lawyers
Article 17. Expiration of Lawyer Status
Article 18. Participation in Criminal Case Proceedings
Article 19. Rights and Duties of Lawyers in Criminal Case Proceedings
Article 20. Participation in Civil Case Proceedings
Article 21. Rights and Duties of Lawyers in Civil Case Proceedings
Article 24. Legal Service Charges
Article 25. Lawyer Expenses for Lawyers Appointed by the People’s Court
Chapter 2 : Regulations on Lawyer Operations
Article 26. Preserving of Client Confidentiality
Article 27. Respect of Lawyer Ethics
Article 28. Independence of Lawyers
Article 29. The Bar Association
Article 30. Organizational Structure of the Bar Association
Chapter 1: Members of the Bar Association
Article 31. Members of the Bar Association
Article 32. Rights and Duties of Members of the Bar Association
Article 33. Expiration of Bar Association Membership
Chapter 2 : General Meeting of Lawyers
Article 34. General Meeting of Lawyers
Article 35. Rights and Duties of the General Meeting of Lawyers
Article 36. General Meeting Resolutions
Chapter 3 : Executive Committee of the Bar Association
Article 37. Executive Committee of the Bar Association
Article 38. Rights and Duties of the Executive Committee of the Bar Association
Article 39. Chairman and Vice-Chairman of the Bar Association Executive Committee
Chapter 4 : Audit Committee of the Bar Association
Article 40. The Audit Committee of the Bar Association
Article 41. Rights and Duties of the Audit Committee of the Bar Association
Chapter 5: Office of the Bar Association
Article 42. Office of the Bar Association
Article 43. Rights, Duties and Organizational Structure of the Office of the Bar Association
Chapter 1 : Establishment of Legal Enterprise
Article 44. Establishment of Legal Enterprise
Article 45. Authorization to Operate a Legal Enterprise
Article 46. Revocation of Legal Enterprise Registration
Article 47. Business Operations of Legal Enterprises
Chapter 2 : Professional Activities of Foreign Lawyers
Article 49. Foreign Legal Enterprises
Article 50. Establishment of Foreign Legal Enterprise Branch
Article 51. Legal Supporting Fund
Article 53. Management and Use
Article 54. Prohibition for Lawyers or Legal Enterprises
Article 55. Prohibition for Clients
Article 56. Prohibition for Individuals or other Organizations
Part VIII : MANAGEMENT OF LAWYER ACTIVITIES
Article 57. Lawyer Activity Management Authority
Article 58. Rights and Duties of the Ministry of Justice
Article 59. Rights and Duties of the Department of Justice at the Provincial, City Levels
Article 60. Rights and Duties of the Justice Office at District, Municipal Levels
Part IX : THE ESTABLISHMENT DATE, BUDGET, EMBLEM AND SEAL OF THE BAR ASSOCIATION
Article 61. Establishment Date of the Bar Association
Article 62. Budget of the Bar Association
Article 63. Management and Use of Budget
Article 64. Emblem of the Bar Association
Article 65. Seal of the Bar Association
Part X : REWARDS AND MEASURES AGAINST VIOLATORS
Article 67. Measures Against Violators
Unofficial Translation – Rely on Lao version for authoritative purposes
LAO PEOPLE’S DEMOCRATIC REPUBLIC
Peace Independence Democracy Unity Prosperity
National Assembly | No 010/NA |
Vientiane Capital City, Date 21 Dec 2011 |
GENERAL PROVISIONS
This Law determines the principles, regulations and measures regarding the organization and the activities of lawyers to enable correctness, justness and effectiveness, with the aim of protecting the legitimate rights and interests of clients, provide evidence for the resolution of court cases and to strengthen the judicial process, counter the infringement of the legitimate rights of the people, facilitate access to the judicial process, build confidence among the population and domestic and foreign investors, contribute to the socio-economic development, enabling peace, social order and justice.
Lawyers are who are authorized by the Government authorization to undertake a freelance profession and to provide legal services to individuals, legal entities or organizations and society in order to protect the legitimate rights and interests of clients as specified in this Law.
The terms used in this Law have the following meanings:
Article 4. Policy of the State regarding Lawyers
The state promotes and encourages the availability of lawyers and the establishment of quantitative and qualitative Legal Enterprises in order to provide legal services to all society.
The state encourages and sets conditions facilitating lawyers to provide legal services and competition for self- development in order to ensure the protection of clients’ legitimate rights and interests through the formulation of laws and regulations, seminars, training upgrading the professional level of Lawyers to enable them to fully perform tasks in accordance with their roles, rights and duties as determined in the laws and regulations.
Article 5. The Principles of Conducting Activities of Lawyers
In conducting their activities, lawyers shall perform in accordance with the following basic principles:
Article 6. Protection of Lawyers
In the provision of legal services to clients, lawyers shall be protected from revenge, threats to life, health, freedom, prestige, personal or family assets in accordance with the laws and regulations.
Article 7. Scope of Application of this Law
This law shall be applied by lawyers, the Bar Association, legal enterprises, individuals, legal entities and other organizations involved in the provision and use of legal services in the Lao PDR.
Article 8. International Cooperation
The state promotes foreign, regional and international relationships and cooperation involving lawyer works through the exchange of lessons, building and upgrading the knowledge and capacity of lawyers, assistance and other matters, the performance of contracts and treaties relating to the lawyer works in which the Lao PDR is a party.
LAWYERS
Article 9. Qualifications of Lawyers
Individual who wish to become lawyers shall meet the following conditions in full:
Former members of the National Assembly may become lawyers but must receive professional lawyer training as provided in Article 14 of this Law.
Article 10. Qualifications of being a Lawyer for Aliens and Foreigners
Aliens and foreigners who wish to apply to be lawyers in the Lao PDR other than meeting the qualifications provided in Items 2 to 9 of Article 9 of this Law, shall also meet the following additional conditions:
Article 11. Professional Lawyer Training
Individuals who are to become lawyers shall have received proper and complete professional lawyer training in accordance with the curriculums established by the Ministry of Justice.
Individuals who have completed professional lawyer training will receive a certification from the Minister of Justice.
Article 12. Exclusion from Professional Lawyer Training
Individuals excluded from a professional lawyer training are as follows:
Individuals being certified having completed professional lawyer training shall complete a lawyer internship for at least one year.
The Bar Association is responsible for issuing certification to persons who have completed a lawyer internship.
Lawyer internship is covered in specific regulations established by the Bar Association.
Article 14. Exclusion or Reduction of Lawyer Internship
Person excluded from lawyer internship are those provided in Article 12, Items 1, 2 and 3 of this Law.
Individuals stated in Article 12, Items 4 and 5 of this Law shall be allowed a reduction of lawyer internship from one year to six months.
Article 15. Lawyer Examination
Except for individuals as provided in Article 12 of this Law, Individuals who will become a Lawyer shall pass the examination.
The lawyer examination is specified in specific regulations issued by the Ministry of Justice in collaboration with the Bar Association.
Article 16. Appointment of Lawyers
Individuals who become a lawyer shall be appointed by the Minister of Justice within thirty days from the date of announcing the results of the examination or [offering]1 the position of Lawyer.
After being appointed as a lawyer, [such person] shall be registered as a member of the Bar Association in order to receive a lawyer card and pay membership fees in accordance with the internal regulations of the Bar Association.
In the provision of legal services, all lawyers must establish their own or a joint legal enterprise or be employed as a lawyer in any legal enterprise.
Article 17. Expiration of Lawyer Status
Lawyer status shall expire in any of the following cases:
LAWYER OCCUPATION
Legal Services
Article 18. Participation in Criminal Case Proceedings
Lawyers may participate in criminal case proceedings from the date being appointed or with the written proposal of its client or family member or organization.
Article 19. Rights and Duties of Lawyers in Criminal Case Proceedings
In criminal case proceedings lawyers shall have the following rights and duties:
Article 20. Participation in Civil Case Proceedings
Lawyers are able to participate in all stages of civil case proceedings as a client representative. If the court reaches a decision or judgment on a civil case in the presence of a lawyer, such decision or judgment of the court shall be deemed as given in the presence of the client.
Article 21. Rights and Duties of Lawyers in Civil Case Proceedings
In civil case proceedings lawyers have the following rights and duties:
Legal consultancy is the provision of legal opinions, advice, and explanations verbally or in written form to clients or to assist clients in drafting agreements, wills, and other documents.
Legal aid is the provision of free legal services to the poor and disadvantaged through the Bar Association and lawyers in order to promote the access to law and judicial procedures.
Article 24. Legal Service Charges
Legal service charges is compensation paid by a client to a lawyer for the provision of legal advice or litigation as agreed in the contract between the client and the lawyer.
Article 25. Lawyer Expenses for Lawyers Appointed by the People’s Court
Lawyer expenses for lawyers appointed by the People’s Court to provide legal services to offenders sentenced to death under law and other persons as provided by law, such as travel expenses, meals, accommodation shall be performed in accordance with the regulations issued by Ministry of Justice.
Regulations on Lawyer Operations
Article 26. Preserving of Client Confidentiality
Lawyer and legal enterprises shall keep information communicated by the client confidential, including information communicated by the lawyer to the client or potential client.
Individuals and organizations shall respect the confidentiality provided in Paragraph 1 above and are not entitled to force a lawyer and legal enterprise to disclose such confidential information unless authorized by the client only.
Article 27. Respect of Lawyer Ethics
All lawyers shall strictly respect and perform under lawyer ethics in the provision of legal services, including the living within society.
Article 28. Independence of Lawyers
Lawyers are independent in the provision of legal services to clients based on the laws, regulations and the lawyer ethics free of intervention, obstruction from organizations, clients, or other individuals.
THE BAR ASSOCIATION
Article 29. The Bar Association
The Bar Association is a social organization of lawyers in the Lao PDR established to promote the lawyer profession, gain solidarity and protect the prestige of the lawyers aimed at guaranteeing the provision of legal services to society in a just , broad, and effective manner and to contribute to the establishment a [State of law]2.
Article 30. Organizational Structure of the Bar Association
The Bar Association is comprised of:
Members of the Bar Association
Article 31. Members of the Bar Association
Members of the Bar Association are all Lawyers registered with the Bar Association.
Article 32. Rights and Duties of Members of the Bar Association
Members of the Bar Association have the following rights and duties:
Article 33. Expiration of Bar Association Membership
Membership of the Bar Association shall expire at the same time of expiry of Lawyer status, as specified in Article 17 of this law.
General Meeting of Lawyers
Article 34. General Meeting of Lawyers
The General Meeting of Lawyers is the highest organization of Lawyers having the right to decide on important matters concerning the organizations and activities of Lawyers. The General Meeting of Lawyers is comprised of lawyers who are members of the Bar Association or their representatives, and is convened at least once a year.
In cases of necessity and urgency an extraordinary general meeting may be convened at any time as proposed by the Executive Committee, the Audit Committee of the Bar Association or one quarter of the members of the Bar Association.
Detailed regulations on the General Meeting of Lawyers are provided in the internal regulations of the Bar Association.
Article 35. Rights and Duties of the General Meeting of Lawyers
The General Meeting of Lawyers has the following rights and duties:
Article 36. General Meeting Resolutions
Resolutions of the General Meeting of Lawyers shall be valid when they have received votes of more than half of the number of members or representatives participating in the meeting.
One member or representative is entitled to one vote.
Executive Committee of the Bar Association
Article 37. Executive Committee of the Bar Association
The Executive Committee of the Bar Association represents and performs duties on behalf of the General Meeting of Lawyers between two sessions of the General Meeting of Lawyers, including the monitoring and inspection of working activities of the Office of the Bar Association.
The Executive Committee of the Bar Association is comprised of a Chairman, a Vice-Chairman, and a number of members.
The Executive Committee of the Bar Association has a term of office of three years and is elected or removed by the General Meeting of Lawyers.
The conditions of the members, organization and working activities of the Executive Committee of the Bar Association are provided in the internal regulations of the Bar Association.
Article 38. Rights and Duties of the Executive Committee of the Bar Association
The Executive Committee of the Bar Association has the following rights and duties:
Article 39. Chairman and Vice-Chairman of the Bar Association Executive Committee
The Chairman of the Executive Committee of the Bar Association directs, monitors, supports and remedies the daily operations of the Bar Association.
The Vice-Chairman of the Executive Committee of the Bar Association has the duty to assist the Chairman in performing specific tasks and responsibilities as assigned by the Chairman.
Details of the rights and duties of the Chairman, Vice-Chairman and members are provided in the internal regulations of the Bar Association.
Audit Committee of the Bar Association
Article 40. The Audit Committee of the Bar Association
The Audit Committee of the Bar Association is the representative in the audit of operations of the Executive Committee of Bar Association, the Office of Bar Association and the Lawyers.
The Audit Committee of the Bar Association is comprised of the Chairman, a Vice-Chairman and a number of members. The Audit Committee has a term of office of 3 years and is elected or removed by the General Meeting of Lawyers.
The Audit Committee of the Bar Association must meet at least once every three months to summarize the results of their inspections and operations.
The Audit Committee of the Bar Association shall not [comprise of] the same persons appointed to the Executive Committee of the Bar Association.
Details of the organization and operations of the Audit Committee of the Bar Association are provided in the internal regulations of the Bar Association.
Article 41. Rights and Duties of the Audit Committee of the Bar Association
The Audit Committee of the Bar Association has the following rights and duties:
Office of the Bar Association
Article 42. Office of the Bar Association
The Office of the Bar Association is the organizational mechanism of the Bar Association which assists with the works of the Executive Committee of the Bar Association, with the role of the daily management and administration of the operations of the Bar Association and lawyers nationwide.
The Office of the Bar Association is comprised of a head, deputy head and staff members.
Article 43. Rights, Duties and Organizational Structure of the Office of the Bar Association
The rights, duties and organizational structure of the Bar Association are provided in the internal regulations of the Bar Association.
LEGAL ENTERPRISES
Establishment of Legal Enterprise
Article 44. Establishment of Legal Enterprise
Individual and legal entities entitled to apply to establish a Legal Enterprise must be lawyers or must have a Lawyer as a partner or shareholder in such enterprise, the application shall be submitted to the Industry and Trade Division and must obtain authorization to operate a legal enterprise from the Ministry of Justice.
Legal Enterprises are authorized to be established in the form of private enterprise, a partnership enterprise and limited company.
The procedures and conditions for the establishment of the Legal Enterprise shall be performed in accordance with the Enterprise Law, this Law and other relevant laws and regulations.
Article 45. Authorization to Operate a Legal Enterprise
Authorization to operate a Legal Enterprise is a professional agreement given by the Ministry of Justice to the applicant for enterprise establishment and provision of legal services.
The Ministry of Justice shall consider and authorize the operation of a legal enterprise within ten business days from the date of receiving an application when it is deemed that all conditions specified in the laws and regulations are met. The authorization for the operation of a legal enterprise is a supporting condition for the issue of an Enterprise Registration Certificate by the Ministry of Industry and Commerce.
In the event that no authorization will be given, the Ministry of Justice shall provide a written notification stating the reason to the applicant within the timeframe specified in Paragraph 2 above.
The provision of legal services shall commence from the date of receipt of the Enterprise Registration and shall be effective forever until cessation of such enterprise.
Article 46. Revocation of Legal Enterprise Registration
The Legal Enterprise Registration may be revoked from the enterprise owner by the Industry and Commerce Division as proposed by of Ministry of Justice in any of the following events:
Article 47. Business Operations of Legal Enterprises
Legal enterprises have the right and duty to provide legal services on its own behalf, including litigation in court, as provided in Articles 18, 19, 20, 21, and 22 of this law and other relevant laws.
Professional Activities of Foreign Lawyers
Foreign Lawyers are Lawyers who are authorized to practice the profession of lawyer by the authorities of any country and such authorization is still effective.
Foreign Lawyers who work under contract with a Legal Enterprises in the Lao PDR must obtain authorization from the Ministry of Justice and be registered first with the Bar Association in order to be entitled to provide advice on foreign and international laws, but shall not be entitled to provide advice on Lao law and litigate cases in the courts of the Lao PDR.
Foreign Lawyers registered with the Bar Association shall have the rights and duties as specified in Article 32 of this law, except clause 2 and 4 of such article.
Article 49. Foreign Legal Enterprises
A foreign legal enterprise registered in the Lao PDR are entitled provide consultancy/advice regarding foreign laws and international laws.
Foreign legal enterprises which have (a) Lao Lawyer(s) as joint investor(s) or employ Lao lawyers are entitled to provide consultancy/advice on Lao law and to litigate cases in the courts of the Lao PDR through such Lao Lawyer.
Article 50. Establishment of Foreign Legal Enterprise Branch
Foreign Legal Enterprises have the right to establish their branches in the Lao PDR as provided in the Law on Enterprises, this law and other relevant laws.
LEGAL SUPPORT FUND
Article 51. Legal Supporting Fund
The Legal Support Fund is a State fund under the management and audit of the Ministry of Justice, established to provide legal aid to the poor and disadvantaged who are involve in legal cases or who are in need of legal assistance or offenders who have been sentenced to death by law and other persons as provided under law to ensure access to legal services.
The Legal Supporting Fund is acquired from:
Article 53. Management and Use
The Legal Support Fund is to be used in the provision of legal services, such as travel expenses, food, accommodation, and other costs to an appointed lawyer and relevant officers in accordance with the law in order to assist persons stated in Article 51 of this law.
The management and use of such fund is stipulated in specific regulations.
PROHIBITIONS
Article 54. Prohibition for Lawyers or Legal Enterprises
Lawyers or Legal Enterprises are prohibited from any of the following behavior:
Article 55. Prohibition for Clients
Clients are prohibited from any of the following behavior:
Article 56. Prohibition for Individuals or other Organizations
Individuals or other organizations are prohibited from any of the following behavior:
MANAGEMENT OF LAWYER ACTIVITIES
Article 57. Lawyer Activity Management Authority
The Government manages the operations of lawyers centrally and uniformly throughout the country by assigning the justice sector to be the centre of coordination with other sectors and concerned local administrations.
Lawyer Activity Management Authority is comprised of:
Article 58. Rights and Duties of the Ministry of Justice
In the management of lawyer activities, the Ministry of Justice has the following rights and duties:
Article 59. Rights and Duties of the Department of Justice at the Provincial, City Levels
In the management of lawyer activities, the Department of Justice at the provincial and city levels has the following rights and duties:
Article 60. Rights and Duties of the Justice Office at District, Municipal Levels
In the management of lawyer activities, the Justice Office at district and municipal levels has the following rights and duties:
THE ESTABLISHMENT DATE, BUDGET, EMBLEM AND SEAL OF THE BAR ASSOCIATION
Article 61. Establishment Date of the Bar Association
The establishment date of the Bar Association is deemed 30 March 1989 which is the date of promulgating the Decree on the Organization and Operation of the Bar Association of the Lao PDR.
Article 62. Budget of the Bar Association
The Bar Association has its independent budget which is derived from the following sources:
Article 63. Management and Use of Budget
The budget of the Bar Association shall be used in the following activities:
Details of the management and use of budget of the Bar Association are provided in the internal regulations of the Bar Association.
Article 64. Emblem of the Bar Association
The emblem of the Bar Association is in a circle, with the scales in the center, written on the upper side “Bar Association”, written on the lower side “Lao Bar Association”, on both sides.
Article 65. Seal of the Bar Association
The Bar Association has its own seal to be used in the undertakings of works.
REWARDS AND MEASURES AGAINST VIOLATORS
Lawyers, legal entities or the Bar Association who have outstanding performance in the implementation of this law, such as those who contribute to build consciousness in respecting and performing laws and regulations, and who provide legal aid shall be rewarded or commended in accordance with the regulations.
Article 67. Measures Against Violators
Lawyers and legal enterprises, individuals, legal entities or organizations who violate this law, such as violation of any prohibitions which bring losses to the State, society, individuals or other organizations, shall be subjected to re-education, cancellation of lawyer membership card, cancellation of enterprise registration certificate, fined or prosecuted under the law based on the severity of the case and shall compensate for any losses incurred.
FINAL PROVISIONS
The Government of the Lao People’s Democratic Republic is responsible for the implementation of this law.
This law shall become effective from the date of the promulgating decree being signed by the President of the Lao People’s Democratic Republic.
Authorizations granted to lawyers and legal entities prior to the promulgation of this law shall remaining enforced but the legal service must be provided in compliance with this law.
Any regulations, provisions that are in contradiction with this law are hereby annulled.
President of the National Assembly
Pany Yathotu
Name | Description | Status |
---|---|---|
Approval requirements for foreign lawyers to practice from the Ministry of Justice | Foreign Lawyers who work under contract with a legal enterprises in the Lao PDR must obtain authorization from the Ministry of Justice and be registered first with the Bar Association in order to be entitled to provide advice on foreign and international laws, but are not be entitled to provide advice on Lao law and litigate cases in the courts of the Lao PDR. | Active |
Other requirements for aliens and foreigners to become lawyers in the Lao PDR | Aliens and foreigners who wish to apply to be lawyers in the Lao PDR must have a good knowledge of the Lao language and culture and holding at least a bachelor degree in Lao law | Active |
Qualification requirements for aliens and foreigners to become lawyers | Aliens and foreigners who wish to apply to be lawyers in the Lao PDR must have a good knowledge of the Lao language and culture and holding at least a bachelor degree in Lao law | Active |
Qualification requirements to be met by lawyers | Individuals who wish to become lawyers must meet several criteria, including being Lao citizens with minimum age of 23 years, hold at least a bachelor degree in law, passed the lawyers' examination & attained professional lawyer training | Active |
Requirement to pay fees to the Bar Association | Individuals who become a lawyer pay membership fees. | Active |
Requirement to subscribe to the Bar Association | Individuals who become a lawyer must be appointed by the Minister of Justice within thirty days from the date of announcing the results of the examination then registered as a member of the Bar Association. | Active |
Requirements for types of services provided by foreign legal enterprises | A foreign legal enterprise registered in the Lao PDR can provide legal advice on foreign laws and international laws. Foreign legal enterprises which have, operate joint venture with or employ Lao lawyers are entitled to provide consultancy/advice on Lao law and to litigate cases in the courts of the Lao PDR through the Lao Lawyer. | Active |
Requirements to establish a legal enterprise | Individuals and legal entities entitled to apply to establish a legal enterprise must obtain authorization to operate a legal enterprise from the Ministry of Justice. | Active |
Requirements to establish a legal enterprise in a form alowed by the law | A legal enterprise may be established as a private enterprise, a partnership or limited company | Active |
Requirements to establishmentforeign legal enterprise branch | Foreign Legal Enterprises can establish branches in the Lao PDR in accordance with all all relevant laws | Active |
Residency requirements and Legal Status for aliens and foreigners to become lawyers in the Lao PDR | Aliens and foreigners who wish to apply to be lawyers in the Lao PDR must be lawfully authorized to work in the Lao PDR or have a permanent residence in the Lao PDR | Active |