What is the latest Code of Ethics and Conduct for Vietnamese Lawyers?
What is the latest Code of Ethics and Conduct for Vietnamese Lawyers?
In the Code of Ethics and Conduct for Vietnamese Lawyers issued together with Decision 201/QD-HDLSTQ in 2019, the Code of Ethics and Conduct for Vietnamese Lawyers includes:
- 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
Download the detailed Code of Ethics and Conduct for Vietnamese Lawyers: here
What are the general rules of the Code of Ethics and Conduct for Vietnamese Lawyers?
In Chapter 1 of the Code of Ethics and Conduct for Vietnamese Lawyers promulgated together with Decision 201/QD-HDLSTQ in 2019, the general rules of the Code of Ethics and Conduct for Vietnamese Lawyers are clearly stated as follows:
Rule 1. Lawyer’s mission
Lawyers have the mission to protect human rights, civil rights, legal rights and interests of individuals, organizations and agencies, protect the independence of judiciary, help to protect justice, equity, socio-economic development, and build a socialist rule-of-law of Vietnam.
Rule 2. Independence, honesty, respect for objective truth
Lawyers must be independent, honest, respect objective truths, not for the sake of financial or spiritual interests or any other pressure to violate the law and professional ethics.
Rule 3. Preserving honor, reputation and upholding lawyers’ traditions
- Lawyers shall respect and protect the honor and reputation of the lawyer staff as if they protect their own honor and reputation; build, consolidate, and maintain the trust of clients, the social community with lawyers and legal profession.
- Lawyers shall have the obligation to promote the good traditions of the lawyer's profession; constantly study to improve professional qualifications; preserve virtue, personality and professional reputation; have a proper attitude, show proper conduct in performance of profession and lifestyle; deserve the trust and respect of society for lawyers and legal profession.
Rule 4. Participation in community activities
- Lawyers are at all times ready and active in participating in activities for the common benefit of the social community, in accordance with their profession.
- Lawyers shall render free legal assistance with conscientiousness, impartiality and professional responsibilities as if they are the cases with fees paid.
What acts are lawyers in Vietnam prohibited from committing?
Pursuant to Article 9 of the Law on Lawyers 2006 (amended by Clause 3 Article 1 of the Law on Amendments to Law on Lawyers 2012) as follows:
Prohibited acts
1. Lawyers are prohibited to commit the following acts:
a) Providing legal services for clients that have conflicting interests in the same criminal, civil, administrative lawsuit, civil cases, or other cases as prescribed by law (hereinafter referred to as cases);
b) Deliberately providing, or guiding clients to provide, fake exhibits and documents; induce the detainees, suspects, defendants, litigants to provide false information, or induce clients to file illegal complaints, denunciations, or lawsuits;
c) Reveal information about the cases and the clients that they know during their practice, unless such clients concur in writing, or otherwise prescribed by law;
d) Harassing or deceiving clients
dd) Receiving or requesting any amount of money or benefit from clients apart from the agreed amount in the legal service contracts;
e) Cooperate with other presiding officers, litigants, officers, or officials, to violate laws when resolving cases;
g) Misusing the lawyer’s practice to negatively affect the national security and social order, to infringe the interests of the State, the public interests, and the legal interests of other organizations and individuals;
h) Receiving or requesting any amount of money or benefit when giving legal supports to the clients entitled to legal supports by statute; refusing to resolve the cases requested by legal support organizations, by the presiding agencies, except for force majeure as prescribed by law;
i) Insulting or assaulting other organizations and individuals during the proceedings;
k) Committing or helping clients to commit violations of law to delay or obstruct the activities of the presiding agencies and other State agencies.
2. Organizations and individuals are prohibited to obstruct the lawyers’ practice.
Accordingly, lawyers in Vietnam are strictly prohibited from committing acts in accordance with the above provisions.
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