What day is October 10? What are the rights and obligations of lawyers in Vietnam?

What day is October 10?

Based on Decision 149/QD-TTg 2013, it is stipulated as follows:

Article 1. October 10 every year is designated as “Vietnamese Lawyers' Traditional Day.”

Thus, October 10 is the Vietnamese Lawyers' Traditional Day.

This day was chosen to honor and commemorate the significant contributions of the lawyer community in building and protecting the law in Vietnam.

What day is October 10? What are the rights and duties of lawyers in Vietnam? (Image from the Internet)

What are the rights and duties of lawyers in Vietnam?

Based on Article 21 of the Law on Lawyers 2006 amended by Clause 12 Article 1 of the 2012 Amended Law on Lawyers, which stipulates the rights and duties of lawyers in Vietnam:

Article 21. Rights and duties of lawyers

1. Lawyers have the following rights:

a) To be guaranteed by law the right to practice law in accordance with the provisions of this Law and relevant legal provisions;

b) To represent clients according to legal provisions;

c) To practice law, choose the form of legal practice and the form of legal practice organization according to the provisions of this Law;

d) To practice law throughout the territory of Vietnam;

dd) To practice law abroad;

e) Other rights as prescribed by this Law.

[...]

Thus, lawyers have the following rights and duties:

[1] Lawyers have the following rights:

- To be guaranteed by law the right to practice law according to regulations;

- To represent clients according to legal provisions;

- To practice law, choose the form of legal practice and the form of legal practice organization according to regulations;

- To practice law throughout the territory of Vietnam;

- To practice law abroad;

- Other rights as prescribed by law;

[2] Lawyers have the following duties:

- Comply with the principles of legal practice as follows:

+ Comply with the Constitution and laws.

+ Follow the Code of Ethics and Conduct for Vietnamese Lawyers.

+ Be independent, honest, and respect the objective truth.

+ Use lawful measures to best protect the legal rights and interests of the client.

+ Be responsible before the law for professional legal activities.

- Strictly adhere to the rules and regulations related to relations with procedural authorities;

- Have a cooperative and respectful attitude towards those conducting proceedings, who the lawyer interacts with in practice;

- Participate in proceedings fully and promptly in cases requested by procedural authorities;

- Provide legal aid;

- Participate in mandatory professional and vocational training courses;

- Other duties as prescribed.

What are cases of withdrawal of law practice certificates in Vietnam?

Based on Article 18 of the Law on Lawyers 2006 amended by Clause 9 Article 1 of the 2012 Amended Law on Lawyers, which stipulates the withdrawal of law practice certificates in Vietnam

Article 18. Revocation of a law practice certificate

1. Individuals who have been granted a practicing certificate and fall into one of the following cases will have their practicing certificate revoked:

a) No longer meet the lawyer standards prescribed in Article 10 of this Law;

b) Recruited or appointed as officials and public employees; officers, professional soldiers, defense workers in agencies or units of the People's Army; officers, non-commissioned officers, workers in agencies or units of the People's Police;

c) No longer permanently residing in Vietnam;

d) Have not joined any Bar Association within two years from the date of being granted a practicing certificate;

dd) Have not established, participated in establishing, or worked under a labor contract for a law practice organization or registered to practice individually within three years from the date of joining a Bar Association;

e) Voluntarily cease practicing law;

g) Disciplined in the form of being removed from the lawyer list of the Bar Association;

h) Administrative penalty in the form of temporary deprivation of the practicing certificate; subject to administrative measures such as mandatory drug rehabilitation, compulsory education;

i) Sentenced with a legally effective judgment;

k) Loss of or restriction in civil act capacity.

2. The Minister of Justice has the authority to revoke a law practice certificate and prescribe the procedure for revocation. In cases where the Minister of Justice decides to revoke a law practice certificate, the Vietnam Bar Federation is notified to reclaim the Lawyer Card.

Thus, a law practice certificate is revoked under the following circumstances:

[1] No longer meeting lawyer standards:

- A Vietnamese citizen loyal to the Fatherland

- Comply with the Constitution and laws

- Possess good ethical qualities

- Hold a law bachelor's degree

- Have been trained in legal profession

- Have undergone a lawyer practice internship

- Possess health ensuring the practice of law to become a lawyer.

[2] Recruited or appointed as officials and public employees; officers, professional soldiers, defense workers in agencies or units of the People's Army; officers, non-commissioned officers, workers in agencies or units of the People's Police

[3] No longer permanently residing in Vietnam

[4] Have not joined any Bar Association within two years from the date of being granted a practicing certificate

[5] Have not established, participated in establishing, or worked under a labor contract for a law practice organization or registered to practice individually within three years from the date of joining a Bar Association

[6] Voluntarily cease practicing law;

[7] Disciplined in the form of being removed from the lawyer list of the Bar Association

[8] Administrative penalty in the form of temporary deprivation of the practicing certificate; subject to administrative measures such as mandatory drug rehabilitation, compulsory education

[9] Sentenced with a legally effective judgment

[10] Loss of or restriction in civil act capacity.