In mid 2011, Vietnam Bar Federation issued the Code of Conduct and Ethics for Vietnamese Lawyers [attachment to Decision No 68/QD-LDLSVN 20 July 2011]. The Embassy of Denmark has kindly provided me with an English translation of the Code. The Code is relatively straightforward, with twenty-seven rules, most of which are rather general in nature. The Code amplifies the provisions in the 2007 Law on Lawyers [No. 65 /2006/QH11].

  1. The Code situates the lawyer and the law practice organisations (e.g. law firms) in a political context. Rule 1 states that ―The lawyer has a duty to be loyal to the Fatherland. Through professional activities, the lawyer contributes to protection of justice, development of a rule-of-law state in accordance with the Constitution and the laws.” This political orientation is developed in rule 24.5, whereby the lawyer is prohibited from [taking] ―advantage of being a person participating in proceedings at court according to the laws to speak out words affecting the national interests, social interests, the people‘s solidarity, religion or disseminating illegal and unethical viewpoints.” The Code simply repeats in another way the provisions of Article 9.1(g) of the Law on Lawyers: ―Abusing the legal practice and/or lawyer‘s capacity to cause adverse impact on the national security and/or public order or safety, or to infringe upon interests of the State, the public or legitimate rights and interests of agencies, organizations or individuals.”

The roles of the state and the Communist Party raise difficult issues for lawyers who wish to practice with professional and ethical independence. The Vietnamese Lawyers Association is specifically organized under the ―Fatherland Front” which controls non-government organizations. [http://www.hoiluatgiavn.org.vn/content/view/39/98/lang,english/]

  1. The Code covers conventional areas of practice, including issues which would be familiar to lawyers in other jurisdictions:

The provision of legal aid (the level of commitment is not specified);

Relationship with the client (including fees, refusal to take a case or withdrawal, and conflicts of interest);

Relationship with colleagues (including competition, and trainee lawyers);

Relationship with ―Proceeding Agencies” [courts] including collusion, behaviour in court, and evidence);

Relationship with other government agencies (including complaint and denunciation proceedings); and

Relationship with the mass media.

  1. A clear concern of the Code is the use of intermediaries to influence parties to litigious or non-litigious cases. The use of intermediaries (touts) to gain business and the use of intermediaries to collude with court officials or with state agencies are prohibited conduct. Corruption is an issue of great concern in Vietnam, which rates 116 out of 178 in the Transparency International Corruption Perceptions Index of 2010.

  2. One of the prohibited behaviours under rule 14.9 is to ―directly inform the client of the lawyer‘s personal relation with proceeding agencies, persons in charge of proceedings or authorized state officials in order to create the client‘s confidence on the work results as a criteria for choosing the lawyer by the client.” This rule suggests that clients will expect lawyers to be able to ‘enter the back door‘ of courts and government offices, using their personal relationships as the key, and the Code seeks to make it more difficult for the client to identify lawyers on this basis.

  3. While the Code does provide for confidentiality, there is no provision for attorney client privilege.

  4. The Code of Conduct and Ethics does not provide for enforcement. This is the responsibility of the local Bar Associations under article 85.2 of the Law on Lawyers: ―The consideration and decision on disciplining lawyers shall be the competence the Board of Management of the Bar Association at the request of the Reward and Discipline Council of that Bar Association”. The grounds for disbarment may be a cause for concern, as in the August 2011 case of human-rights lawyer Huynh Van Dong who has taken prominent cases for protestors and other dissidents. [http://www.observatoire-avocats.org/en/2011/08/19/huynh-van-dong-a-vietnamese-lawyer-arbitrarily-disbarred-by-his-bar-association/]

The gradual establishment of a legal profession, and the enactment of provisions such as the Law on Lawyers and the Code of Conduct and Ethics, can be regarded as positive steps on the way to establishment of a rule-of-law state in Vietnam. Perhaps a profession will emerge which can be effective, professional, and ethical. Or perhaps the laws and the Code will be simply a façade. The Vietnamese government has announced that its judicial reform includes strategic goals of rapid expansion and professionalization for the Vietnamese bar by 2020. The date is not so far off.