Are lawyers required to wear a white shirt when participating in trial in Vietnam?

Are lawyers required to wear a white shirt when participating in trial in Vietnam?

In Article 34 of Decision 856/QD-TTg in 2022, costumes of lawyers participating in court sessions are as follows:

1. Lawyers participating in court sessions must wear costumes according to regulations of the Vietnam Bar Federation.

2. The dress of lawyers when participating in court sessions must ensure the requirements of dignified, polite, convenient and uniform. The National Bar Council stipulates the dress code for lawyers participating in court sessions.

In the spirit of Official Letter 116/TA-TKTH 2011, there are regulations on lawyers' attire when participating in court hearings as follows:

From October 10, 2011, lawyers are required to wear uniform when participating in the trial according to the model: black vest and pants, white shirt, gray tie uniformed by the Federation of Sewing, wearing a badge with the logo of the Bar Federation on the left chest of the dress shirt. The above uniform is applicable to both male and female lawyers, especially in summer, it is not necessary to wear a vest.

Thus, in the spirit of Official Dispatch 116/TA-TKTH 2011 of the Supreme People's Court, when participating in the trial in Vietnam, lawyers must wear a white shirt.

Can a lawyer join two bar associations at the same time in Vietnam?

Article 32 of Decision 856/QD-TTg in 2022 provides for withdrawal from the list of lawyers of the Bar Association, transfer to the Bar Association as follows:

1. When required, a lawyer shall make a written request to withdraw his/her name from the list of lawyers of the Bar Association, clearly stating the reason for the withdrawal. Within 05 working days from the date of receipt of the written request, the Board of Directors of the Bar Association shall issue a decision to remove the lawyer's name from the list of lawyers of the Bar Association, except for the case specified in Clause 2 of this Article.

Within 05 working days from the date of the decision to delete the above mentioned name, the Board of Directors of the Bar Association shall send the decision to delete the lawyer's name to the Vietnam Bar Federation.

2. A lawyer shall be refused to withdraw his/her name from the list of lawyers of the Bar Association in one of the following cases:

a) Is in the process of being subject to disciplinary review;

b) While serving the disciplinary form of temporary suspension of Bar Association membership; is within 06 months from the effective date of the disciplinary decision in the form of warning;

c) In the process of settling disputes with clients, lawyers or law-practicing organizations;

d) In the process of settling complaints and denunciations related to law practice;

dd) Violating the obligation to pay membership fees of the Vietnam Bar Federation, membership fees of the Bar Association.

3. In case a lawyer withdraws his/her name from the list of lawyers of the Bar Association due to the reason that he/she stops practicing law at his/her wish, the Federation shall issue a decision to revoke that lawyer's lawyer's card.

4. Lawyers who move from one Bar Association to another must withdraw their names from the list of lawyers of the Bar Association of which they are a member according to the provisions of Clause 1 of this Article and request the Board of Directors of the Bar Association. introduced to join the new Bar Association according to his wishes. Within 05 working days from the date of receipt of the written request for withdrawal and transfer of the Bar Association, the Board of Directors of the Bar Association recommends transferring the Bar Association for the lawyer to the Bar Association where the lawyer intends to join. A dossier of introduction to transfer to the Bar Association includes:

a) Letter of recommendation for transfer to the Bar Association from the Bar Association's Executive Board, which the lawyer requests to withdraw;

b) The lawyer's written request to join the new Bar Association;

c) The lawyer's dossier requesting the transfer of the Bar Association under the management of the Bar Association;

d) A copy of the lawyer's card.

Procedures for considering joining a new Bar Association shall comply with the provisions of Clause 3, Article 20 of the Law on Lawyers. Within 07 working days from the date of issuance of the decision to join the Bar Association, the Management Board of the Bar Association where the newly joined lawyer is responsible for sending a written request for replacement of the Bar Association together with the Decision on joining the Bar Association and file a request to change for changing the lawyer's card shall comply with the provisions of Article 33 of this Charter.

If the new Bar Association does not accept the admission of the introduced lawyer, it must notify in writing the Federation, the old Bar Association, the introduced lawyer and clearly state the reason; In case of disagreement, the lawyer has the right to lodge a complaint in accordance with the Law on Lawyers and this Charter.

According to this Article, a lawyer can join 2 bar associations at the same time, when wishing to join another bar association, he must withdraw his name from the list of lawyers of the Bar Association of which he is a member in Vietnam. 

What rights and obligations do lawyers have in Vietnam? 

Article 29 of Decision 856/QD-TTg in 2022 stipulates rights and obligations of lawyers as follows:

1. Rights of lawyers:

a) Rights in law practice activities as prescribed by law;

b) Get support and protection of lawful rights and interests in practice activities by the Vietnam Bar Federation and the Bar Association;

c) To stand for self-nomination, to be nominated for candidacy, to nominate candidates to participate in the National Congress of Lawyers, the Bar Congress of the Bar Association, to join the agencies of the Vietnam Bar Federation, of the Bar Association; nominated by the Vietnam Bar Federation and the Bar Association to be candidates for elected offices, agencies of other social organizations at central and local levels in accordance with the law, the charters of the organizations;

d) Participate in activities of the Vietnam Bar Federation and Bar Association; propose ideas on consolidating and developing the organization and operation of the Federation and Bar Association;

dd) Supervising the activities of agencies of the Bar Federation and Bar Association; propose remedial measures, propose handling of violations;

e) Complaints against decisions of agencies of the Bar Federation or Bar Association infringing upon their legitimate rights and interests;

g) Professional training by the Bar Federation, Bar Association;

h) Other rights as provided for in this Charter and the Bar Association Rules.

2. Obligations of lawyers:

a) Obligations in professional practice as prescribed by law;

b) Strictly abide by the law, the Code of Ethics and Professional Conduct for Vietnamese Lawyers, the Charter of the Vietnam Bar Federation, resolutions, decisions, and regulations of the Bar Federation and the Bar Association;

c) Participating in law dissemination, propaganda and education, legal aid in accordance with the law and the guidance of the Bar Federation and Bar Association;

d) Fully participate in the training program on the Code of Ethics and Professional Conduct for Vietnamese lawyers, professionally and professionally according to the provisions of law and guidance of the Federation and the Bar Association;

dd) Actively participate in activities of the Federation and Bar Association; unite and cooperate with other lawyers to implement the principles and purposes of the Vietnam Bar Federation;

e) Create conditions for the lawyers members of the law-practicing organization headed by them to participate in the activities of the Bar Federation, the Bar Association;

g) To comply with the request of the Bar Association's Executive Board on the termination of law-breaking acts of the law-practicing organization headed by them;

h) Annually report to the Board of Directors of the Bar Association on the organization and operation of the law-practicing organization headed by them; to report to the Vietnam Bar Federation on the organization and operation of the law-practicing organization headed by them at the request of the Federation's Standing Committee;

i) Preserving the prestige of the Vietnam Bar Federation, Bar Association, and lawyers;

k) Pay membership fees in full and on time;

l) Other obligations as prescribed in this Charter and the Bar Association Rules.

The above are rights and obligations of lawyers promulgated by the Vietnam Bar Federation.

Best Regards!