📋 Tender Overview
On the morning of June 9, Minister of Justice Hoang Thanh Tung chaired a meeting to give opinions on major issues in the draft Law on Lawyers (amended). Download Minister of Justice Hoang Thanh Tung chaired the meeting. Photo: VGP/DA Reporting at the meeting, Director of the Department of Judicial Support Le Xuan Hong said that the current Law on Lawyers has 94 articles, while the draft Law (amended) includes 6 chapters, 36 articles, built in a streamlined direction, focusing on core contents. According to Mr. Le Xuan Hong, the draft Law adds many regulations to improve the quality of the team of lawyers. In particular, adding standards on political bravery and professional ethics; Allow lecturers at legal training establishments to become lawyers. The process of becoming a lawyer has also been simplified from 4 steps to 2 steps; Combining joining the Bar Association with registering for an internship to practice law into joining the Bar Association to practice law; Combining the law practice examination with the issuance of the Lawyers Practicing Certificate (CCHNLS) into a national exam to issue the Lawyers Practicing Certificate. At the same time, trainee lawyers are given increased opportunities to practice when allowed to participate in litigating a number of cases according to the provisions of procedural law. The Draft Law also adds regulations to strengthen discipline and order in law practice activities. Accordingly, actions such as disclosing customer information that are harmful to national interests or inciting illegal complaints are strictly prohibited. Lawyers must participate in annual political training, fully notify clients of their responsibilities, and carry out social responsibilities according to regulations. Notably, the draft Law specifically stipulates cases of revocation of the Law Practicing Certificate or Operation Registration Certificate of a law practice organization such as no longer meeting lawyer standards; not practice continuously for 12 months; not operating at the registered office for a period of 6 consecutive months or not implementing the reporting regime for 2 consecutive years. In order to develop a transparent and competitive legal services market, the draft Law supplements the concept of legal services and prohibits the act of impersonating a lawyer to provide remunerated legal services. At the same time, expand the rights of lawyers and law-practicing organizations such as signing regular legal service contracts with state agencies and enterprises; Participate in appraisal of key projects and public investment projects; participate in mediation, arbitration and arbitration activities. The State commits to ensuring the legal right of lawyers to practice, supporting international integration, developing the team of lawyers in difficult areas and prohibiting all acts that obstruct or threaten law practice activities. For law practice organizations, the draft allows limited liability law firms with two or more members to have capital contributing members, while expanding autonomy in administration, international cooperation, and investment in facilities. quality, digital conversion and signing legal service contracts electronically. For foreign law-practicing organizations in Vietnam, the draft stipulates that they must be legally operating abroad, have at least one foreign lawyer who is not a representative and Vietnamese legal advice documents must have the signature of a Vietnamese lawyer. The draft Law on Lawyers (amended) must clearly show progress. Proposal to develop a new Law on LawyersSpeaking at the meeting, Minister of Justice Hoang Thanh Tung emphasized the need to continue to innovate the thinking of law-making, ensuring compliance with the policy that the law only regulates issues of principle and framework; Frequently changing contents under the Governments authority will be assigned to the Government for regulation. The Minister highly appreciated the draft Law being built in a streamlined direction, reducing the number of articles by about 1/3 compared to the current Law; At the same time, it is required to continue to thoroughly grasp the policy of socialization, promote decentralization, decentralization, reduce and simplify administrative procedures to facilitate the development of the legal services market in Vietnam. In addition, the Minister gave comments on some contents of the draft Law such as the rights of trainee lawyers; exemption from lawyer training; National exam to grant Lawyer Practicing Certificate; legal position of the socio-professional organization of lawyers; Capital contribution to law practice organizations and practice activities of foreign lawyers in Vietnam. Dieu Anh
