Hi Lawnet, I would like to ask what are the rights and obligations of lawyers according to the current regulations in Vietnam? - Quoc Bao (An Giang, Vietnam)
Latest rights and obligations of lawyers in Vietnam (Source: Internet)
1. Regulations on the rights of lawyers in Vietnam
According to Clause 1, Article 29 of the Charter of the Vietnam Bar Federation issued together with Decision 856/QD-TTg dated July 19, 2022, lawyers have the following rights:
- Rights in law practice activities as prescribed by law;
- Be supported and protected by the Vietnam Bar Federation and the Bar Association and protect their legitimate rights and interests in practice activities;
- To stand for self-nomination, to be nominated for candidacy, to introduce candidates to the National Bar Congress, the Bar Association's Bar Congress, and to participate in the agencies of the Vietnam Bar Federation and 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 and the charters of the organizations;
- 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;
- Supervise the activities of agencies of the Federation and Bar Association; propose remedial measures, propose handling of violations;
- Complaint against decisions of agencies of the Federation, Bar Association infringing upon their legitimate rights and interests;
- Be professionally trained by the Federation, Bar Association;
- Other rights as prescribed by the Charter of the Vietnam Bar Federation and the Regulations of the Bar Association.
2. 11 Obligations of lawyers in Vietnam
Clause 2, Article 29 of the Charter of the Vietnam Bar Federation stipulates 11 obligations of lawyers, including:
- Obligations in professional practice as prescribed by law;
- Strictly abide by the law, the Code of Ethics and professional conduct for Vietnamese lawyers, the Charter of the Vietnam Bar Federation, the resolutions, decisions, and regulations of the Federation and the Bar Association that he or she is a member;
- Participate in law dissemination, propaganda and education, and legal aid according to the provisions of law and the guidance of the Federation and Bar Association;
- 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 the guidance of the Federation and the Bar Association;
- Actively participate in activities of the Federation, Bar Association; unite and cooperate with other lawyers to implement the principles and purposes of the Vietnam Bar Federation;
- Create conditions for the lawyers members of the law-practicing organization headed by them to participate in the activities of the Federation, the Bar Association;
- Comply with the request of the Board of Directors of the Bar Association on the termination of law-breaking acts of the law-practicing organization headed by them;
- Annually report to the Bar Association's Executive Board 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;
- Preserve the prestige of the Vietnam Federation, Bar Association, and lawyers;
- Pay membership fees in full and on time;
- Other obligations as prescribed by the Charter of the Vietnam Bar Federation and the Regulations of the Bar Association.
Nhu Mai