Codes of conduct with legal aid recipients and colleagues in Vietnam

Codes of conduct with legal aid recipients and colleagues in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Code of conduct with legal aid recipients in Vietnam

According to Article 5 of the Legal Aid Professional Code issued together with Circular 03/2020/TT-BTP, the rules of conduct with legal aid beneficiaries include:

- Must be respectful, polite, friendly, and enthusiastic towards legal aid beneficiaries, show a professional style, create trust in legal aid beneficiaries; and use simple, understandable, and concise language and signs suitable for legal aid recipients.

- Must explain the rights and obligations of legal aid recipients for them to know and perform.

- Must not have a bossy attitude, belittle the legal aid recipient, or discriminate against the legal aid recipient.

- Must not harass, delay, cause difficulties or troubles for legal aid recipients; make promises in advance about the results of the settlement of the case and the legal aid.

- Must not suggest, demand, condition, or receive any material benefits, other benefits related to the case, legal aid, from the legal aid recipient or other people.

- Must not incite or incite legal aid recipients to commit acts that are against the law or against social ethics.

2. Code of conduct with colleagues in Vietnam

When dealing with colleagues, the legal aid provider must ensure the principles specified in Article 6 of the Legal Aid Professional Code promulgated together with Circular 03/2020/TT-BTP, specifically as follows:

- Respect and protect the honor and reputation of the team of legal aid providers, jointly improve the prestige and professionalism, and build the trust and respect of the society for legal aid activities.

- Sincerity, solidarity, cooperation, sharing experiences, and helping and coordinating with colleagues to complete assigned tasks.

- Not insulting, lowering the honor and reputation of colleagues, or pressuring or threatening colleagues.

- Not colluding with colleagues in the course of carrying out the case, to provide legal aid to disadvantage the legal aid recipient or to benefit themselves or other individuals, agencies, or organizations.

- Not obstructing or illegally interfering in the execution of the case or the legal aid of colleagues; taking advantage of their influence to impose, dominate, pressure, or illegally influence the performance of the case and the legal aid of colleagues.

3. Prohibited acts in legal aid services in Vietnam

Specifically, Article 6 of the Law on Legal Aid 2017 stipulates as follows:

(1) Legal aid-providing organizations and individuals may not commit the following acts:

- Infringe upon the dignity, honor or legitimate rights and interests of legally-aided persons; discriminate against legally-aided persons;

- Receive or demand any sum of money, economic benefits or other benefits from legally-aided persons; harass legally-aided persons;

- Disclose information on legal aid-related cases or legally-aided persons unless it is agreed in writing by legally-aided persons or otherwise provided for by law.

- Refuse or discontinue the provision of legal aid services, except for cases specified in this Law and regulations on procedures;

- Abuse legal aid services for self-seeking activities, encroach on national security and defense, disturb social order and safety, cause adverse impacts on social ethics;

- Incite, provoke legally-aided persons to declare and supply false information and documents or to make complaints or denunciations or initiate lawsuits in contravention of law.

(2) Legally-aided persons, agencies, organizations and individuals engaged in legal aid services may not commit the following acts:

- Violate health, life, dignity, honor of legal aid-providing persons and the reputation of organizations providing legal aid services;

- Deliberately provide false information and documents on legal aid-related cases;

- Threaten, obstruct or illegally interfere in legal aid services; disturb, cause troubles and seriously violate regulations at legal aid-providing places.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE