What are the 32 Rules of Ethics and Conduct for Vietnamese Lawyers?
What are the 32 Rules of Ethics and Conduct for Vietnamese Lawyers?
The Code of Ethics and Conduct for Vietnamese Lawyers issued with Decision 201/QD-HDLSTQ in 2019 stipulates 32 Rules of Ethics and Conduct for Vietnamese Lawyers including:
Rule 1. Lawyer’s mission
Rule 2. Independence, honesty, respect for objective truth
Rule 3. Preserving honor, reputation and upholding lawyers’ traditions
Rule 4. Participation in community activities
Rule 5. Best protection of client’s legitimate rights and interests
Rule 6. Respecting clients
Rule 7. Confidentiality
Rule 8. Lawyer’s fees
Rule 9. Prohibited acts in relationship with clients
Rule 10. Take a case from client
Rule 11. Cases the lawyer must decline
Rule 12. Perform a case
Rule 13. Decline proceeding the case
Rule 14. Further actions upon unilateral termination of legal service performance by the lawyer
Rule 15. Conflict of interest
Rule 16. Notify result of performance of a case
Rule 17. Lawyer colleagueship
Rule 18. Respect and cooperate with colleagues
Rule 19. Professional competition
Rule 20. Proper conduct upon a conflict of interest with a colleague
Rule 21. Prohibited acts in relationship towards colleagues
Rule 22. Conduct for lawyers in legal-practicing organizations
Rule 23. Conduct for lawyers practicing as individuals
Rule 24. Relationship with legal trainees
Rule 25. Relationship with socio-professional organizations of lawyers
Rule 26. General rules when participating in proceedings
Rule 27. Conduct at court hearing
Rule 28. Prohibited acts in relationship with presiding agencies and persons
Rule 29. Conduct for lawyers in relationship with other regulatory agencies
Rule 30. Conduct in relationship with other organizations and individuals
Rule 31. Communications
Rule 32. Advertisements
What are the 32 Rules of Ethics and Conduct for Vietnamese Lawyers? (Image from the Internet)
What are the prohibited acts of Vietnamese laweyers when practicing law?
Prohibited acts for lawyers specified in Article 9 of the Law on Lawyers 2006 (amended by the Law amending and supplementing a number of articles of the Law on Lawyers 2012) include:
Lawyers are forbidden to commit the following acts:
- Providing legal services to clients who have conflicting interests in the same criminal, civil or administrative case or civil affair (hereinafter collectively referred to as cases and affairs) as provided for by law;
- Intentionally supplying forged or untruthful documents or material evidences; instigating detainees, the accused, defendants or involved persons to make untruthful declarations or instigating clients to make complaints, denunciations or petitions in contravention of law;
- Disclosing information on cases, affairs or clients they have acquired in the process of professional practice, unless it is agreed by clients in writing or otherwise provided for by law.
- Harassing or deceiving clients;
- Receiving or asking for any money amounts or benefits other than remunerations and charges agreed upon with clients in legal service contracts;
- Establishing contacts or relations with persons conducting or participating in legal proceedings or with cadres or civil servants to act in contravention of law in the settlement of cases or affairs;
- Abusing law practice or the lawyer's title to cause harms to national security, social order or safety, infringing upon the State's interests, public interests or legitimate rights and interests of agencies, organizations or individuals.
Agencies, organizations and individuals may not commit acts of obstructing lawyers from practicing their profession.
Who has the authority to issue the lawyer practicing certificates in Vietnam?
Pursuant to Clause 3 Article 17 of the Law on Lawyers 2006 (amended by Clause 8 Article 1 of the Law amending and supplementing a number of articles of the Law on Lawyers 2012):
Issuing the lawyer practicing certificates
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3. Within 07 working days as from receiving the complete and valid dossier, the Service of Justice shall check the dossier, verify the validity of the dossier if necessary, and send the written request enclosed with the dossier of application for the lawyer practicing certificate to the Ministry of Justice.
Within 20 days as from receiving the complete and valid dossier, the Minister of Justice shall decide the issue of the lawyer practicing certificate; the refusal must be explained and notified in writing to the applicant and the Service of Justice where the dossier of application is submitted.
The refused person may file complaints or lawsuits as prescribed by law.
Thus, according to the above regulations, the person with authority to decide on the issuance of a lawyer practicing certificate is the Minister of Justice.
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