ASEAN Legal Cross-Border Practice*

At this time, it is difficult or impossible for a lawyer from one ASEAN country to practice law in
another ASEAN country. Even though ASEAN countries have entered into commitments
through the ASEAN Framework Agreement on Services, the ASEAN Economic Community
Blueprint, and various ASEAN free trade agreements, ASEAN lawyers do not receive more
favorable treatment in other ASEAN countries than lawyers from non-ASEAN countries. Some
ASEAN countries have committed to liberalizing their legal sectors, but in practice, their legal
sectors are still mostly closed to foreign practitioners. For example, foreign law firms and
foreign lawyers are now permitted to practice in Peninsular Malaysia under the Legal
Profession Act of 2012; however, there is a very limited scope of permitted practice areas
available to foreign lawyers. A foreign law firm can operate as an international partnership with
a Malaysian law firm or as a Qualified Foreign Law Firm (QFLF), yet only five QFLF licenses will
be issued to foreign law firms with expertise in international Islamic finance.
Among the ASEAN member states, Singapores legal sector is the most open and the Philippines
and Thailand are completely closed. In Singapore, foreign arbitrators and mediators may enter
Singapore and render arbitration and mediation services for up to 60 days without having to
apply for a work pass or a license. Foreign lawyers can practice law in Singapore after applying
for and receiving a certificate of registration. Foreign lawyers can appear in any court of justice
in Singapore if they have been granted ad hoc admission. Foreign lawyers can requalify as local
lawyers provided they meet all legal requirements. A foreign lawyer can offer foreign law
services as a foreign law consultant in a Singapore law practice if they meet specific
requirements. Foreign law firms can open offices in Singapore under various structures. On the
other hand, in the Philippines, foreigners cannot perform any activity considered the practice of
law, and foreign law firms cannot establish a commercial presence to offer advisory services in
foreign and international law.
In comparison to the ASEAN Economic Community, the European Union (EU) has mechanisms
in place that allow for free movement of lawyers and legal services. Even Singapore, the most
liberalized and open of the ASEAN member states, is not that accessible to foreign law
practitioners compared to the EU. Any lawyer established in the EU can offer their services on a
temporary basis in any EU country. Any lawyer established in an EU country can establish
themselves in any other EU country and carry out the same activities as lawyers in the host
country on a permanent basis. After three years of regular practice in the country, a lawyer may
apply to acquire the professional title of the host country and gain admission to the profession
of lawyer in the host member state. If they have the required professional qualifications and
are in good standing with their home bar, a lawyer can qualify in another member state by
either completing a period of supervised practice not exceeding three years or taking an
aptitude test.

*Dej-Udom Krairit, Esq. (LL.D. Hon.)

Below is a summary of the current foreign legal practice struggles amongst the 10 ASEAN
nations.
1. Brunei
Temporary (fly-in, fly-out) practice is not permitted. There is no limited license scheme
for foreign lawyers. Foreign lawyers must obtain a full license to practice in Brunei.
Domestic lawyers and law firms may employ foreign lawyers, but a domestic lawyer
cannot enter into a partnership with a foreign lawyer. Foreign lawyers may be allowed
in court on an ad hoc basis if they meet certain requirements.
2. Cambodia
A foreign lawyer recognized and authorized to practice law in their home country can
practice law in Cambodia and appear before Cambodian courts if partnered with a
Cambodian lawyer and sanctioned by the Cambodian Bar Council. A foreign lawyer
cannot solely represent any clients. There is no law governing foreign legal firms in
Cambodia. Foreign firms and companies, including those that offer legal services, are
governed by Cambodias investment code.
3. Indonesia
There are no rules that allow temporary (fly-in, fly-out) practice for foreign lawyers.
Foreign lawyers cannot obtain a full license to practice law in Indonesia. However,
foreign lawyers can obtain a limited license allowing them to be foreign legal
consultants and offer advisory services on foreign law, but are not allowed to appear in
court or undertake legal proceedings. Foreign law firms are not permitted to establish a
commercial presence to offer advisory services in foreign law. Local lawyers cannot be
employed by foreign lawyers or law firms, and foreign lawyers cannot enter
partnerships or employ other lawyers.
4. Laos
There is little available information about foreign lawyers/law firms practicing in Laos.
Laos legal profession is fragile and there are less than 200 lawyers registered with the
Lao Bar Association.
5. Malaysia
A foreign lawyer may enter Malaysia to advise or consult with clients on legal matters
excluding all aspects of Malaysian law for up to 60 days in total over a one-year period.
Foreign lawyers are also permitted to undertake arbitration and mediation cases.
Foreign law firms and foreign lawyers are now permitted to practice in Peninsular
Malaysia under the Legal Profession Act of 2012. However, there is a limited scope of

*Dej-Udom Krairit, Esq. (LL.D Hon.)

permitted practice areas available to foreign lawyers. Law firms can operate as an
international partnership with a Malaysian law firm. If approved by the Bar Council, a
Malaysian law firm can employ foreign lawyers. All foreign lawyers have to annually
register as a foreign lawyer and must reside in Malaysia for more than 182 days a year.
6. Myanmar
There is little available information about foreign lawyers/law firms practicing in
Myanmar. Myanmar has no national bar association and is in the process of amending
their Bar Council Act. The new investment law of 2012 has eased the regulatory regime
for foreign firms to establish a commercial presence in Myanmar.
7. Philippines
The practice of law in the Philippines is reserved solely for citizens. Practice of law in the
Philippines is defined as any activity in or out of court which requires the application of
law, legal procedure, knowledge, training, and experience. Foreign law firms cannot
establish a commercial presence to offer advisory services in foreign and international
law.
8. Singapore
There are no specific rules that allow temporary (fly-in, fly-out) practice for foreign
lawyers. Foreign arbitrators and mediators may enter Singapore and render arbitration
and mediation services for up to 60 days without having to apply for a work pass with
the Ministry of Manpower or a license with the Attorney-General's Chambers. Foreign
lawyers can practice law in Singapore after applying for and receiving a certificate of
registration from the Attorney-Generals Chambers. Foreign lawyers cannot appear in
any court of justice in Singapore unless they have been granted ad hoc admission.
Foreign lawyers can requalify as local lawyers provided they meet all legal requirements.
A foreign lawyer can offer foreign law services as a foreign law consultant in a Singapore
law practice if they meet specific requirements. Foreign law firms can open offices in
Singapore under various structures.
9. Thailand
Temporary (fly-in, fly-out) practice is not permitted. Foreign lawyers can obtain a
business visa to attend meetings and meet clients, but cannot earn income or market
services directly to the public. Foreign lawyers can obtain limited license allowing them
to be foreign legal consultants and offer advisory services on foreign law. Foreign
lawyers cannot obtain a full license to practice law in Thailand. Foreign lawyers can act
as legal advisers in arbitration proceedings conducted in Thailand if the governing law is
not Thai law and the Thai courts are not involved in enforcement. Foreign lawyers are

*Dej-Udom Krairit, Esq. (LL.D Hon.)

not allowed to appear in Thai courts. All foreigners must have a work permit and visa to
work in Thailand.
Foreign law firms can open an office in Thailand to offer legal consultancy services in the
form of a limited company. Under the Foreign Business Act, a foreign law firm can only
own 49% of the company and the manager or the representative of the legal person
applying for the license must be a Thai national. Once established, the director, deputy
director, manager and executive manager must also be Thai nationals. Thai lawyers and
foreign lawyers can co-own businesses, but cannot set up partnerships. Thai law firms
may employ foreign lawyers provided they do not work as 'lawyers' and comply with the
visa and work permit requirements.
10. Vietnam
Temporary (fly-in, fly-out) practice for foreign lawyers is allowed, and for this type of
practice, a commercial association with a local lawyer or law firm is not required.
Foreign lawyers can obtain a limited license allowing them to be foreign legal
consultants and offer advisory services on foreign law and do not have to enter into a
commercial association with a local lawyer or law firm. Foreign lawyers can obtain a full
license to practice law in Vietnam. A foreign law firm is permitted to establish a
permanent office to offer advisory services in foreign and international law, but must
enter into a commercial association with a local lawyer or law firm.

To succeed, liberalization of the legal sector will need practical solutions from experienced
professionals. As an independent alliance, the AAA can focus on the coming challenges in
liberalizing the ASEAN legal sector from the business and everyday level. By working together,
qualified professionals from ASEAN countries can address problems and open business and
regulatory channels using real-world applications gained from their daily experience with
ASEAN business and cross border legal actions.
The ASEAN Attorneys Alliance (AAA) is a non-exclusive association of lawyers and law firms in
Thailand and the ASEAN region. AAA member firms are all independent practices and are wellknown firms in their local jurisdictions that supply substantial partner involvement. Members
firms have commercial, corporate, business, intellectual property, and litigation practices with a
focus on growing and developing new clients together with a strong regional focus and
experience coupled with significant expertise in ASEAN business matters and proficiency in
multiple languages.

_________________________

*Dej-Udom Krairit, Esq. (LL.D Hon.)