Code of Ethics and Conduct for Vietnamese Lawyers

VIETNAM BAR FEDERATION NATIONAL BAR COUNCIL ——-	THE SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness —————
No. 201/QD-HDLSTQ	Hanoi, December 13, 2019

DECISION

ON PROMULGATION OF CODE OF ETHICS AND CONDUCT FOR VIETNAMESE LAWYERS 

NATIONAL BAR COUNCIL

Pursuant to the Law on Lawyers;

Pursuant to the Charter of Vietnam Bar Federation approved by the Minister of Justice in Decision No. 1573/QD-BTP dated August 28, 2015;

Pursuant to the working regulations of the National Bar Council, the Standing Committee of the Federation, assisting agencies and entities affiliated to the Vietnam Bar Federation (issued together with Decision No. 27/QD-HDLSTQ dated February 4, 2016 of the National Bar Council);

Pursuant to Resolution No. 11/NQ-HDLSTQ dated October 9, 2019 of the National Bar Council 2^nd term, the 9^th session; consultation of the National Bar Council to pass the Code of Ethics and Conduct of Lawyers in Vietnam according to Report No. 06/TTr-BTV dated November 13, 2019 of the Standing Committee of the Federation;

At the proposal of the Standing Committee of the Vietnam Bar Federation,

HEREBY DECIDES:

Article 1. Promulgate together with this Decision the Code of Ethics and Conduct for Vietnamese Lawyers consisting of a Foreword, 06 Chapters and 32 Rules. This Code supersedes the Code of Ethics and Conduct for Vietnamese Lawyers adopted and issued on July 20, 2011 by the National Bar Council.

Article 2. The Code of Ethics and Conduct for Vietnamese Lawyers is a foundation for building the standard values ​​of the legal profession; for supervising, giving commendation, handling complaints and whistleblowing reports, and disciplining lawyers within the socio-professional organization of lawyers.

Article 3. Members of the Vietnam Bar Federation are obliged to comply with and implement this Code.

Article 4. This Decision shall enter into force upon signing.

The Standing Committee of the Vietnam Bar Federation shall explain and guide in detail the rules in this Code.

Article 5. Member of the National Bar Council, Member of the Standing Committee, Committees and entities affiliated to the Vietnam Bar Federation, the Management Board of Bar Associations, lawyers of the Federation, General Federation Secretary and relevant individuals and organizations shall implement this Decision./.

ON BEHALF OF NATIONAL BAR COUNCIL CHAIRMAN Lawyer.Dr Do Ngoc Thinh

CODE

OF ETHICS AND CONDUCT FOR VIETNAMESE LAWYERS
(Issued together with Decision No. 201/QD-HDLSTQ dated December 13, 2019 of the National Bar Council)

FOREWORD

Legal profession in Vietnam is a noble profession, as professional performance of lawyers is aimed at protecting justice, protecting independence, sovereignty, unity and territorial integrity of the Fatherland; contributing to socio-economic development, for a rich people, strong country, democratic, equitable, democratic and civilized society.

Professionalism and professional ethics are the fundamental foundations of the legal profession.  Lawyers must have the obligation to improve their professional qualifications and skills by themselves; set a good example in respect and observance of the law; have self-awareness of complying with the rules of ethics and conduct in performance of legal profession, lifestyle and social interactions.

The Code of Ethics and Conduct for Lawyers sets out ethics and conduct standards, which measure the ethical qualities and professional responsibilities of lawyers. Each lawyer must use the Code of Ethics and Conduct for Lawyers as a model for the professional conduct and cultivation and training to preserve the professional reputation, dignity of the lawyer, and be worthy of honor of the society.

Chapter I.

GENERAL RULES

Rule 1. Lawyer’s mission

Lawyers have the mission to protect human rights, civil rights, legal rights and interests of individuals, organizations and agencies, protect the independence of judiciary, help to protect justice, equity, socio-economic development, and build a socialist rule-of-law of Vietnam.

Rule 2. Independence, honesty, respect for objective truth

Lawyers must be independent, honest, respect objective truths, not for the sake of financial or spiritual interests or any other pressure to violate the law and professional ethics.

Rule 3. Preserving honor, reputation and upholding lawyers’ traditions

3.1. Lawyers shall respect and protect the honor and reputation of the lawyer staff as if they protect their own honor and reputation; build, consolidate, and maintain the trust of clients, the social community with lawyers and legal profession.

3.2. Lawyers shall have the obligation to promote the good traditions of the lawyer’s profession; constantly study to improve professional qualifications; preserve virtue, personality and professional reputation; have a proper attitude, show proper conduct in performance of profession and lifestyle; deserve the trust and respect of society for lawyers and legal profession.

Rule 4. Participation in community activities

4.1. Lawyers are at all times ready and active in participating in activities for the common benefit of the social community, in accordance with their profession.

4.2. Lawyers shall render free legal assistance with conscientiousness, impartiality and professional responsibilities as if they are the cases with fees paid.

Chapter II.

RELATIONSHIP WITH CLIENTS 

Section 1. FUNDAMENTAL RULES

Rule 5. Best protection of client’s legitimate rights and interests

Lawyers have the obligation to be conscientious, promote their capacities, use professional knowledge, professional skills and legal measures to best protect the legitimate rights and interests of clients according to regulations of law and Code of Ethics and Conduct for Vietnamese Lawyers.

Rule 6. Respecting clients

Lawyers shall render legal services on the ground of legal requests of clients, respect for the legitimate rights and interests, and choices of clients.

Rule 7. Confidentiality

7.1. Lawyers have the obligation to preserve the confidentiality of any information of a client while rendering legal service and upon completion of the service, unless there is the consent of the client or otherwise prescribed by law.

7.2. Lawyers have the responsibility to request relevant colleagues and staff in their legal practice organization to commit not to disclose any confidential information they know, and clearly explain legal liability upon revelation of any secret. 

Rule 8. Lawyer’s fees

The lawyer must explain to the client the regulations of law on the grounds for charging lawyer’s fees, methods of payment of lawyer’s fees; clearly notice the lawyer’s fees and costs to the client and these fees and costs must be stated in the legal services contract.

Rule 9. Prohibited acts in relationship with clients

9.1. Receiving, possessing and using client’ money and property contrary to the agreement between the lawyer and the client.

9.2. Soliciting, setting conditions for clients to give property or other benefits to lawyers or lawyers’ parents, spouses, children, brothers and sisters.

9.3. Receiving money or any other benefit from a third party to perform or not to perform work that prejudices the interests of the client.

9.4. Create or take advantage of bad situations, false, incomplete or unfavorable information for clients to apply pressure on the client to increase the agreed fee or obtain other benefits from the client.

9.5. Using information acquired from a case that the lawyer is in charge to seek improper benefits.

9.6. Directly or using implied words or behaviors to inform the client of the lawyer‘s personal relation with presiding agencies, presiding persons or other authorized individuals, agencies, organizations in order to gain the client‘s confidence on the work results or for other illegal purposes.

9.7. Intentionally giving out information to make clients confused about their capabilities and qualifications to gain the client’s trust for signing contract purpose.

9.8. Promising and committing to ensure the results of the case on the contents beyond the ability and conditions of the lawyer.

9.9. Taking advantage of the profession to have extramarital relationship with clients.

9.10. Abusing positions other than lawyer title in performance of legal profession to seek illegal benefits.

Section 2. TAKING A CASE

Rule 10. Take a case from client

10.1. When asked by a client to take a case, the lawyer needs to quickly reply to the client about whether to take the case or not.

10.2. A lawyer, upon taking a case, may not discriminate against the client because of his/her gender, ethnicity, religion, nationality, age, health, disability, or property status.  If the lawyer knows that the client is eligible for free legal assistance, he/she shall notify that client.

10.3. Lawyers only accept a case according to their conditions and professional ability and perform the case within the legal requests of the client.

10.4. Lawyers have the obligation to explain to clients about their rights, obligations and responsibilities in relationship towards the lawyers; about the legality in client requests; foreseeable difficulties and advantages in the performance of legal services; complaint rights and procedures to resolve client complaints against lawyers.

10.5. When taking a case from a client, the lawyer must enter into a legal service contract, unless otherwise provided by law.  A legal service contract must clearly specify the client’s requirements, the fee rate and other main contents that the legal service contract must have in accordance with the law.

Rule 11. Cases the lawyer must decline 

11.1. The lawyer clearly knows that a person who introduces a client to the lawyer takes advantage of his/her representation of the client to seek improper benefits which prejudices the legitimate interests of the client.

11.2. The client seeks the legal service that the lawyer knows well that the client intends to take advantage of that service for the purpose of violating the prohibition of the law or the client is not voluntary but dependent on the request of others.

11.3. There are clear grounds to identify that the client provided false evidence or the client’s request is unethical and prohibited by law.

11.4. The client’s case is in a conflict of interest as prescribed in Rule 15.

Section 3. PERFORMING A CASE

Rule 12. Perform a case

12.1. The lawyer shall take initiative in performing the client’s case and inform the client of the resolution process.

12.2. The lawyer shall receive and preserve documentation given by the client as per the law and the agreement concluded with the client.

12.3. In carrying out the case, the lawyer must have appropriate conduct and avoid a dispute with the client. If there is any disagreement between the lawyer and the client or a client’s complaint, the lawyer should have proper attitude, respect the client, and take initiative in reaching negotiation and conciliation with the client.

12.4 While performing the same case, if there is disagreement between lawyers that would be detrimental to the client, the lawyers must notify the client to exercise the right of choice.

Rule 13. Decline proceeding the case

13.1. A lawyer may decline proceeding a case in the following circumstances:

13.1.1. The client makes a new request that does not fall within the lawyer’s legal profession or in unethical or unlawful;

13.1.2. The client does not accept the legal advice in accordance with the law and the ethics given by the lawyer, given the convincing analysis of the lawyer;

13.1.3. The client commits a breach of legal service contract that the parties cannot reach an agreement or the relationship between the lawyer and the client is damaged not due to the fault of the lawyer; 

13.1.4. There is a threat or physical or emotional pressure from a client or another to force a lawyer to act against the law and professional ethics;

13.1.5. There are grounds to determine that the client has deceived the lawyer.

13.2. A lawyer must decline proceeding a case in the following circumstances:

13.2.1. There are grounds to identify that a client uses the legal services rendered by the lawyer to commit prohibited acts of the law or unethical acts;

13.2.2. A case under Rule 11 is found;

13.2.3. Rejection cases subject to law regulations or force majeure events.

Rule 14. Further actions upon unilateral termination of legal service performance by the lawyer

Upon unilateral termination of legal service performance under Rule 13, the lawyer should respect the client, communicate in writing to the client within a reasonable time so that the client can find another lawyer; and quickly solving problems related to the termination of legal service contract signed.

Rule 15. Conflict of interest

15.1. Conflict of interest is the case due to the influence of the lawyer’s interests or obligations to existing clients, former clients, and a third party, resulting in a situation where the lawyer is partially incapable or likely partially incapable of fulfilling the obligation to best protect the legitimate rights and interests of the client, and the obligation to keep the client’s information confidential.  

Lawyers may not accept or solve cases in the event of a conflict of interest, except as permitted by law or under this Code.

15.2. In the process of solving a case, the lawyer needs to actively avoid conflicts of interest.  If detecting a conflict of interest that happens against the lawyer’s will, the lawyer should proactively notify the client immediately for resolution.

15.3. A lawyer must decline a case or decline proceeding a case in the following circumstances:

15.3.1. A case in which clients have conflicting interests;

15.3.2. A case in which the new client had an opposite interest with the existing client; another case in which the client has an opposite interest with the current client in the case that the lawyer is performing.

15.3.3. A case in which the new client has an opposite interest with the old client in the same case or another case directly related the case that the lawyer has previously performed for the old client;

15.3.4. A client’s case with interests contrary to the interests of the lawyer or the lawyer’s parents, spouse, children, siblings;

15.3.5. A case in which the lawyer has engaged as a presiding authority or officer in a regulatory agency, arbitrator, or conciliator;

15.3.6. A client’s case for which the lawyer’s parent, spouse, child or sibling has rendered legal services with opposite interests against the lawyer’s client;

15.3.7. In case a lawyer is not allowed to take or perform the case for the client as provided for in this Rule 15.3, another lawyer working in the same legal-practicing organization may not accept or perform the case, except in Rules 15.3.4 and 15.3.6.

15.4. The lawyer may still take or perform a case under Rule 15.3, with the client’s written consent, except in the following cases:

15.4.1 Cases prohibited by law;

15.4.2 Cases, procedural cases, administrative complaint cases, dispute settlement cases under arbitration or commercial mediation procedures; 

15.4.3 Case in Rule 15.3.5.

Section 4. TERMINATING A CASE

Rule 16. Notify result of performance of a case

Upon termination of a case, the lawyer needs to inform the client of the result of the case and finalize the contract as agreed.

Chapter III.

RELATIONSHIP WITH COLLEAGUES

Rule 17. Lawyer colleagueship

17.1. In communication, legal practice, lawyers must respect each other, regardless of age and time of legal practice.

17.2. Lawyers do not let the winning or losing results in their legal practice affect their colleagueship.

Rule 18. Respect and cooperate with colleagues

18.1. Lawyers should respect, cooperate and help colleagues in legal profession as well as in life; give timely constructive criticism to a colleague who commits misconduct, affecting the reputation of the lawyer’s profession. 

18.2. In case lawyers have different views when protecting legitimate rights and interests of the same client in the same case, lawyers need to discuss to avoid conflicts, affecting colleagueship and benefits of the client.

Rule 19. Professional competition

Lawyers may not conduct unfair competition practices that affect the legitimate rights and interests of colleagues.

Rule 20. Proper conduct upon a conflict of interest with a colleague

20.1. In case there is a conflict of interest with a colleague, the lawyer needs to negotiate or mediate to keep colleagueship; only file a complaint or lawsuit against the colleague if the negotiation or mediation fails.

20.2. Before filing a complaint or lawsuit against a colleague, the lawyer should notify the Management Board of the Bar Association in which he/she holds a membership and the Management Board of the Bar Association in which the colleague holds a membership so that mediation can be proceeded.

Rule 21. Prohibited acts in relationship towards colleagues

A lawyer may not:

21.1. slander, offend the honor, dignity or reputation of a colleague, or coerce, intimidate a colleague, whether verbally or by action.

21.2. collude or make a proposal with the lawyer of a client who has opposite interest with his/her client to seek personal benefits together.

21.3. personally contact and communicate with adverse party/client about interests with his/her client to solve the case when knowing that client has a lawyer without notifying the colleague lawyer who defends or represents that client.

21.4. hire or pay a client broker or broker a client to a colleague to receive commissions.

21.5. perform acts aimed at fight over clients such as:

21.5.1. comparing professional qualifications, discriminating lawyers or legal-practicing organizations on grounds of regions and areas;

21.5.2. inciting a client to decline a colleague to take the case or inciting a client to complain or whistleblow a colleague lawyer;

21.5.3. personally or engaging his/her own employees or others to convince or solicit clients in front of the headquarters of presiding agencies, detention centers, regulatory agencies and other organizations.

21.6. impose or deliberately control that influences the independence and objectivity of a colleague who has dependent relationship with the lawyer such as teacher-student, superior- subordinate relationship, consanguinity, or kinship.

21.7. form factions, groups between lawyers to isolate colleagues in the legal practice.

21.8. perform the association, partnership, and establishment of a group of lawyers operating in contravention of the law on lawyers, the Charter of the Vietnam Bar Federation and the Code of Ethics and Conduct for Lawyers.

Rule 22. Conduct for lawyers in legal-practicing organizations

22.1. A lawyer shall respect and conduct properly with colleagues and staff in a legal-practicing organization.

22.2. A lawyer in a legal-practicing organization shall take reasonable measures within the scope of his/her duties and powers to ensure that the legal-practicing organization and staff thereof comply with the Code; take responsibility or be jointly liable for a violation in a legal-practicing organization if:

22.2.1. requesting perpetration of the violation or agreeing to the violation that has occurred;

22.2.2. knowing that the violation has occurred is avoidable or consequences following may be mitigated, but having taken no corrective action.

Rule 23. Conduct for lawyers practicing as individuals

23.1. A lawyer practicing in an individual capacity shall not let himself/herself be governed by internal requirements and regulations of agencies or organizations to act against the law, the Code of Ethics and Conduct for Lawyers.

23.2. Within the scope of work in charge, if detecting that any official or employee of the agency/organization is preparing or committing a violation of the law or internal regulations of the agency or organization, which likely causes damage to the interests of the agency/organization, the lawyer should explain and give an opinion so that the person can give up the intention or stop the violation. 

Where necessary, the lawyer needs to report to competent persons in the agency/organization on the violation.

Rule 24. Relationship with legal trainees

24.1. A training lawyer shall conscientious, enthusiastic, responsible, and treat with respect to his/her legal trainee.

24.2. A training lawyer is not allowed to do the following:

24.2.1. discriminating against legal trainees;

24.2.2. requiring money and other benefits from legal trainees; 

24.2.3. taking advantage of the status of a training lawyer to force the legal trainee to do things not within the scope of the training in order to serve the personal interests of the training lawyer;

24.2.4. Make a certification not in compliance with the regulations of law and of the Vietnam Bar Federation into the legal trainee record and practice dossier so that the legal trainee may take the legal training test.

Rule 25. Relationship with socio-professional organizations of lawyers

25.1. Lawyers have the obligation to respect and protect the honor and reputation, to abide by the Charter, resolutions, decisions, rules, regulations and rules of the Bar Federation and Bar Association.

25.2. All feedbacks of lawyers to the Bar Association and Bar Federation must stay honest, impartial, constructive, helpful for the development of socio-professional organizations of lawyers and legal profession.

Chapter IV.

RELATIONSHIP WITH PRESIDING AGENCIES OR PERSONS 

Rule 26. General rules when participating in proceedings

26.1. Lawyers must strictly abide by the rules and relevant regulations in relationship to presiding agencies; have a cooperative, polite, respectful attitude toward presiding persons that they come into contact with while practicing law; take initiative in exercising the rights and obligations of lawyers when participating in legal proceedings in accordance with the law. 

26.2. When it is necessary to exchange professional opinions with presiding persons, other competent persons or agencies, lawyers must maintain the independence of legal profession to contribute to the protection of justice and social equity.

Rule 27. Conduct at court hearing

27.1. A lawyer must abide by the rules of the court hearing, the rules of the court room, and obey the control of the presiding judge and the trial panel; respect the presiding persons, lawyer colleagues and other participants in legal proceedings; conduct properly during adversarial process at the court hearing; express good faith and cooperative attitude when solving arising problems that affect the order or process of resolving the case at the court hearing.

27.2. In the defense and protection of clients’ legitimate rights and interests, lawyers must respect the objective truth, present legal documents and evidence to help resolve the case objectively and legally. 

27.3. Facing misconduct or disrespect for the lawyer or the client of the lawyer at the court hearing and in the proceedings, the lawyer shall at all times keep calm and exercise the right to file a claim in a proper and legal manner. 

Rule 28. Prohibited acts in relationship with presiding agencies and persons

28.1. State clearly false facts in the mass media or in public places about issues related to a case he/she whether undertakes or not in order to adversely affect the operation of the presiding agencies and persons.

28.2. Express negative reaction by voluntarily leaving during the proceedings.

28.3. Commit prohibited acts as prescribed in law.

Chapter V.

RELATIONSHIP WITH OTHER REGULATORY AGENCIES, ORGANIZATIONS, INDIVIDUALS

Rule 29. Conduct for lawyers in relationship with other regulatory agencies

29.1. While communicating and working with other regulatory agencies in the capacity of extrajudicial representation, consulting lawyers or other legal services for clients, lawyers must comply with the regulations of law, internal regulations, governmental regulations and relevant regulations of Chapter IV of this Code. 

29.2. In relations with other regulatory agencies to perform work for clients, lawyers need to have a polite, respectful attitude, and resolutely refuse acts of unlawful, unethical, unlawful intermediaries against the law, ethics and professional conscience. 

29.3. Lawyers have the obligation to explain to clients the law provisions on complaints and whistleblowing; recommend clients to avoid filing complaints and whistleblowing reports against the law, causing waste of time and money for the State and the people and affecting the state management of social order and safety.

Rule 30. Conduct in relationship with other organizations and individuals

While communicating and working with other organizations and individuals, lawyers shall have proper behavior, must not prejudice the reputation and legitimate interests of organizations and individuals, whether verbally or by action.

Chapter VI.

OTHER RULES

Rule 31. Communications

31.1. When providing information for the press, mass media or using social networks, lawyers must stay honest, accurate and impartial.

31.2. Lawyers are not allowed to use the press, mass media, social networks to knowingly give false information for personal purposes, other motives or stirring up public opinion to protect the illegal rights of the clients or give false statements that influence national security and interest and public interest.

31.3. Lawyers are not allowed to write articles, speak in the press, mass media, in public places, use social networks to defame, attack, ostracize or cause divisions or internal disunity between lawyer colleagues; prejudice the honor and reputation of lawyers, the legal profession, the Bar Association and the Vietnam Bar Federation .

Rule 32. Advertisements

32.1. When advertising legal practice activities, lawyers must not provide false or misleading information.  Lawyers are liable for their commitment in advertisements of the quality of lawyer services.

32.2. Lawyers are not allowed to make advertisements that affect the honor and reputation of the lawyer staff, the legal profession./.