Chapter I
GENERAL PROVISIONS
Article 1.- Governing scope
This Law provides for the principles, conditions, scope and forms of professional practice by, as well as criteria, rights and obligations of, lawyers, law-practicing organizations and socio-professional organizations of lawyers; the management of law practice and professional practice by foreign law-practicing organizations and foreign lawyers in Vietnam.
Article 2.- Lawyers
Lawyers are persons who fully meet the criteria and conditions for professional practice under the provisions of this Law and provide legal services at the request of individuals, agencies or organizations (hereinafter collectively referred to as clients).
Article 3.- Social functions of lawyers
Legal professional activities aim at contributing to the protection of justice, the economic development and the building of an equitable, democratic and civilized society.
Article 4.- Legal services provided by lawyers
Legal services provided by lawyers include participation in legal proceedings, provision of legal consultancy, representation of clients beyond legal proceedings and other legal services.
Article 5.- Principles for law practice
1. Observance of the Constitution and law.
2. Observance of the rules on legal professional ethics and conducts.
3. Independence, honesty and respect for objective truths.
4. Use of lawful measures for the best protection of clients' legitimate rights and interests.
5. Accountability before law for law-practicing activities.
Article 6.- Principles for management of law practice
The management of law practice shall comply with the principle of combining the state management with the promotion of self-control of socio-professional organizations of lawyers, ensuring the observance of law and the rules of legal professional ethics and conducts.
Article 7.- Socio-professional organizations of lawyers
Socio-professional organizations of lawyers are set up to represent lawyers and protect their legitimate rights and interests, provide professional training and retraining for lawyers, oversee lawyers in their observance of law and rules of professional ethics and conducts, and manage law practice in accordance with this Law.
Socio-professional organizations of lawyers include bar associations in provinces and centrally run cities and the national lawyers' organization.
Article 8.- Encouragement of pro bono legal aid
The State encourages lawyers and law-practicing organizations to provide pro bono legal aid.
Article 9.- Prohibited acts
1. Lawyers are forbidden to commit the following acts:
a/ 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;
b/ 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;
c/ 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.
d/ Harassing or deceiving clients;
e/ Receiving or asking for any money amounts or benefits other than remunerations and charges agreed upon with clients in legal service contracts;
f/ 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;
g/ 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.
2. Agencies, organizations and individuals may not commit acts of obstructing lawyers from practicing their profession.
Tìm kiếm
Luật luật sư 2006 (Bản Pdf)
Luật luật sư 2006 (Bản Word)