Do lawyers not need to preserve the confidentiality of client's information upon completion of the service in Vietnam?

Do lawyers not need to preserve the confidentiality of client's information upon completion of the service in Vietnam?

Pursuant to Section 7.1, Rule 7 of Code of Ethics and Conduct for Vietnamese Lawyers (issued together with Decision 201/QD-HDLSTQ in 2019) stipulates on confidentiality as follows:

7.1. Lawyers have the obligation to preserve the confidentiality of any information of a client while rendering legal service and upon completion of the service, unless there is the consent of the client or otherwise prescribed by law.

7.2. Lawyers have the responsibility to request relevant colleagues and staff in their legal practice organization to commit not to disclose any confidential information they know, and clearly explain legal liability upon revelation of any secret.

As such, lawyers are obliged to keep client's information confidential while rendering legal service and upon completion of the service in Vietnam, unless there is the consent of the client or otherwise prescribed by law.

If I am working at a law firm of which I'm a member, is that law firm responsible for ensuring that other member lawyers keep the client's information confidential in Vietnam?

Pursuant to Clause 3, Article 25 of the Law on Lawyers 2006 provides for confidentiality as follows:

1. Unless it is consented by clients in writing or otherwise provided for by law, lawyers may not disclose information on cases, affairs or clients they know in the course of professional practice.

2. Lawyers may not use information on cases, affairs or clients they know in professional practice for the purpose of infringing upon the State's interests, public interests or legitimate rights and interests of agencies, organizations or individuals.

3. Law-practicing organizations shall ensure that their staff members do not disclose information on their cases, affairs or clients.

Therefore, the law-practicing organizations have a responsibility to ensure that their staff members do not disclose information on their cases, affairs or clients in Vietnam.

Under what circumstances can a lawyer disclose client information in Vietnam?

Pursuant to Section 7.1, Rule 7 of Code of Ethics and Conduct for Vietnamese Lawyers (issued together with Decision 201/QD-HDLSTQ in 2019) stipulates on confidentiality as follows:

7.1. Lawyers have the obligation to preserve the confidentiality of any information of a client while rendering legal service and upon completion of the service, unless there is the consent of the client or otherwise prescribed by law.

7.2. Lawyers have the responsibility to request relevant colleagues and staff in their legal practice organization to commit not to disclose any confidential information they know, and clearly explain legal liability upon revelation of any secret.

Thus, there are two cases where a lawyer may disclose client information: The client agrees in writing: When the client agrees, the lawyer may disclose information about the case, matter, or client, but must be done in writing; Other cases prescribed by law in Vietnam.

Best Regards!