To unify 03 policies for the formulation of the Law amending Law on Lawyers in Vietnam

To unify 03 policies for the formulation of the Law amending Law on Lawyers in Vietnam (Internet image)

To unify 03 policies for the formulation of the Law amending Law on Lawyers in Vietnam

According to Resolution 174/NQ-CP dated October 2, 2024, the Government of Vietnam highly appreciates the Ministry of Justice of Vietnam for leading, in cooperation with relevant ministries and agencies, in researching and preparing the proposal dossier to build the Law in compliance with the Law on Promulgation of Legal Documents. There is consensus on the necessity to develop the Law to concretize the 2013 Constitution and the guidelines, orientations of the Communist Party on continuing to build and perfect the socialist rule-of-law state of Vietnam in the new period; the role and responsibility of lawyers, the social-professional organizations of lawyers; the requirements for state management of lawyers; suitability with Vietnam's international commitments on legal services; resolving the difficulties and obstacles in implementing the Law on Lawyers 2006; ensuring the harmony and uniformity of the legal system as mentioned in the Report 76/TTr-BTP dated August 16, 2024, of the Ministry of Justice of Vietnam.

The Ministry of Justice of Vietnam, in collaboration with relevant ministries, agencies, and the Vietnam Bar Federation, is tasked with studying and adopting maximum input from Government members, relevant ministries, and agencies, to finalize the Law building proposal with the following requirements:

- Fully institutionalize the Communist Party's guidelines; align with the Constitution, ensure the constitutional principle of citizens’ right to defense by a lawyer; develop the lawyer workforce and legal service market; enhance the self-management responsibility of the Vietnam Bar Federation and Bar Associations in conjunction with strengthening state agency inspection and supervision.

- Clearly and specifically identify problems and difficulties in implementing the Law on Lawyers 2006; inherit effective policies and regulations of the current Law that have proven effective in practice; supplement policies and regulations to address inadequacies and obstacles arising in reality.

- Review to ensure consistency and uniformity with related legal provisions; policies in the Law-building proposal should align with the Government's policies in the field of judicial support (lawyers, notaries, auctions, bailiffs), ensuring reasonableness, feasibility, and effectiveness.

- Refer to and adapt scientific legal achievements worldwide that are suitable to Vietnam's characteristics and conditions regarding the social-professional organization model for lawyers, lawyer exams, selection, state management, and mechanisms for lawyers to perform their rights and obligations effectively.

- Consult with experts, scholars, and practitioners; enhance policy communication to create consensus; collaborate with ministries and central authorities, the Vietnam Fatherland Front, agencies of the Communist Party, National Assembly, Supreme People's Court, Supreme People's Procuracy, Vietnam Bar Federation, Bar Associations... to develop this Law project.

- The policy impact assessment report needs to increase its quantitative analysis to enhance policy persuasiveness and policy implementation solutions; review 32 administrative procedures in the Law-building proposal, only issuing genuinely necessary administrative procedures to serve state management, and promote technology application in administrative procedures.

- On Policy 1: There is a general agreement with the objectives and content of policy 1; consensus on supplementing the standard of having "firm political mettle" for lawyer appointments. The Ministry of Justice of Vietnam reviews and revises the content on the exemption and reduction of legal profession training, ensuring policy consistency in the field of judicial support; thoroughly assesses the impact of establishing a national lawyer examination council, clarifying shortcomings and obstacles in organizing exams and tests under the current model, state management needs, and international experiences; clearly explains the necessity of changing the lawyer examination model.

- On Policy 2: There is a general agreement with the objectives and content of policy 2; consensus on the policy direction of developing the legal services market in conjunction with ensuring national security, social order and safety, and in line with Vietnam’s international commitments. The Ministry of Justice of Vietnam clarifies the concepts, content, and scope of "legal services" that only lawyers can perform and only law practice organizations can conduct, ensuring no conflict with the legal advisory activities of arbitrators, mediators, legal aid providers, jurists... according to the current law.

- On Policy 3: There is a general agreement with the objectives and content of policy 3; consensus on not specifying support for land rental, facilities, salary policies for lawyers working in state agencies, and other contents under the Government's authority in state management. The Ministry of Justice of Vietnam studies and concretizes Conclusion 102-KL/TW, Decision 118-QD/TW; develops mechanisms and policies to have a lawyer force capable of participating in resolving international disputes, protecting the interests of the State, enterprises, and Vietnamese citizens; strengthens state management of lawyers and lawyer activities with specific, sustainable, effective solutions, overcoming shortcomings of this work in recent times in accordance with Directive 33-CT/TW, Resolution 27-NQ/TW and Conclusion 69-KL/TW; implements decentralization, empowerment, administrative procedure reform, applies science and technology in state management to reduce costs for citizens, lawyers, and law practice organizations in administrative procedures. The Government agrees on the contents regarding the establishment and dissolution of the Vietnam Bar Federation, lawyer licenses, legal profession training establishments as specified in Report 380/BC-BTP dated September 19, 2024, by the Ministry of Justice of Vietnam.

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