Who is a lawyer? Criteria of lawyers in Vietnam

Who is a lawyer? Criteria of lawyers in Vietnam (Internet image)

1. Who are lawyers?

According to Article 2 of the Law on Lawyers 2006, lawyers are persons who fully meet the criteria and conditions for professional practice under the provisions of the Law on Lawyers 2006 and provide legal services at the request of individuals, agencies or organizations (hereinafter collectively referred to as clients).

2. Criteria of lawyers in Vietnam

Vietnamese citizens who are loyal to the Fatherland, observe the Constitution and law, have good moral qualities, possess a law bachelor diploma, have been trained in legal profession, have gone through the probation of legal profession and have good health for law practice may become lawyers.

(Article 10 of the Law on Lawyers 2006)

3. Rights and obligations of lawyers in Vietnam

- A lawyer is entitled to:

+ Have his right to practice law protected by statute as prescribed in this Law and relevant laws;

+ Represent clients as prescribed by law;

+ Practice law, choose a form of practicing law and establishing a law-practicing organization as prescribed in accordance with this Law;

+ Practice law in Vietnam’s territory;

+ Practice law overseas,

+ Other rights prescribed in the Law on Lawyers 2006.

- A lawyer is obliged to:

+ Comply with the lawyer’s principle prescribed in Article 5 of the Law on Lawyers 2006;

+ Strictly observe the relevant regulations in the relationship with presiding agencies; have a cooperative and respectful manner attitude towards the presiding officers that they contact during the practice;

+ Promptly participate in the lawsuits requested by the presiding agencies;

+ Provide legal supports;

+ Attend compulsory training courses;

+ Other obligations as prescribed in the Law on Lawyers 2006.

(Article 21 of the Law on Lawyers 2006, as amended in 2012)

4. Law practicing scope in Vietnam

Law practicing scope is prescribed in Article 22 of the Law on Lawyers 2006 as follows:

-  Participating in legal proceedings as defense counsels for detainees, the accused or defendants or as defenders of interests of victims, claimants or respondents in civil cases, or of people with related interests and obligations in criminal cases.

- Participating in legal proceedings as representatives or defenders of legitimate rights and interests of claimants, respondents, persons with related rights and obligations in civil disputes, marriage and family, business, commercial, labor or administrative cases or affairs as well as in other cases and affairs specified by law.

- Providing legal consultancy.

- Representing clients beyond legal proceedings in order to carry out related legal tasks.

- Providing other legal services in accordance with the Law on Lawyers 2006.

5. Prohibited acts for lawyers in Vietnam

Lawyers are forbidden to commit the following acts:

+ Providing legal services to clients who have conflicting interests in the same criminal, civil or administrative case or civil affair (hereinafter collectively referred to as cases and affairs) as provided for by law;

+ Intentionally supplying forged or untruthful documents or material evidences; instigating detainees, the accused, defendants or involved persons to make untruthful declarations or instigating clients to make complaints, denunciations or petitions in contravention of law;

+ Disclosing information on cases, affairs or clients they have acquired in the process of professional practice, unless it is agreed by clients in writing or otherwise provided for by law.

+ Harassing or deceiving clients;

+ Receiving or asking for any money amounts or benefits other than remunerations and charges agreed upon with clients in legal service contracts;

+ Establishing contacts or relations with persons conducting or participating in legal proceedings or with cadres or civil servants to act in contravention of law in the settlement of cases or affairs;

+ Abusing law practice or the lawyer's title to cause harms to national security, social order or safety, infringing upon the State's interests, public interests or legitimate rights and interests of agencies, organizations or individuals.

(Article 9 of the Law on Lawyers 2006)

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