Decision No. 356b/2002/QD-BTP Issuing the Model Code of Professional Ethics for Lawyers

Pursuant to …;

Regarding the issuance of model rules on the professional ethics of lawyers

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THE MINISTER OF JUSTICE

Based on the Lawyers Ordinance 2001;

Based on Decree No. 94/2001/NĐ-CP dated December 12, 2001 of the Government detailing the implementation of the Lawyers Ordinance;

Pursuant to Decree No. 38/CP dated June 4, 1993 of the Government on the functions, tasks, powers, and organization of the Ministry of Justice;

At the proposal of the Director of the Department of Lawyer Management and Legal Consultation,

Pursuant to …;

Article 1. The Model Rules on Professional Ethics of Lawyers are hereby promulgated along with this Decision.

Based on these Model Rules, Bar Associations of provinces and centrally-administered cities shall issue Rules on Professional Ethics of Lawyers applicable to their own lawyers.

Article 2. Lawyers have the obligation to comply with the rules on professional ethics of lawyers in their practice; if violated, they will be subject to disciplinary action according to the forms prescribed in the Charter of the Bar Association depending on the nature and degree of the violation.

Article 3. Bar Associations have the duty to educate and foster professional ethics for lawyers; supervise and inspect lawyers to ensure compliance with the rules on professional ethics of lawyers within their associations; promptly publicize exemplary individuals and good deeds in lawyer activities; strictly discipline lawyers who violate the rules on professional ethics of lawyers.

Article 4. This Decision shall take effect fifteen days from the date of signature.

The Director of the Department of Lawyer Management and Legal Consultation is responsible for guiding and inspecting the implementation of this Decision.

MODEL RULES

On the professional ethics of lawyers

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(Issued together with Decision No. 356b/2002/QĐ-BT dated August 5, 2002)

of the Minister of Justice)

Foreword

The noble social function of lawyers is to participate in protecting justice, contributing to ensuring social equity, protecting citizens' freedoms and democratic rights, protecting the legitimate rights and interests of individuals and organizations, and safeguarding the socialist rule of law through participation in litigation, providing legal advice, and other legal services.

To fulfill this noble social function, lawyers must not only set an example by respecting and complying with the law themselves but also conscientiously adhere to the rules of professional ethics in their practice and social interactions.

The rules of professional ethics define the ethical standards and professional conduct of lawyers in their practice and lifestyle, serving as a measure of the moral character of lawyers. Each lawyer must take these as a standard for self-cultivation and training, thereby maintaining the prestige and reputation of the profession, worthy of society's respect and trust.

PART I

GENERAL REQUIREMENTS FOR THE PROFESSIONAL ETHICS OF LAWYERS

Rule 1. Maintaining the dignity and reputation of the profession

Lawyers always maintain the dignity and reputation of the profession; continuously cultivate morality and improve professional competence to fulfill the functions of the lawyer profession, and honor the profession of lawyer.

Rule 2. Independence, honesty, and impartiality

Lawyers are independent, honest, and dedicated in their practice; they do not deviate from the truth or violate the law due to material or spiritual interests or other pressures in their professional activities.

Rule 3. Cultural behavior in practice and lifestyle

Lawyers behave appropriately and culturally in their practice and lifestyle to consistently earn the trust and respect of society for themselves and the profession of lawyer.

Rule 4. Duty to provide free legal aid

1. The noble duty of lawyers is to participate in providing free legal aid to the poor and policy beneficiaries.

2. Lawyers are devoted and proactive in fulfilling requests for legal aid as they would for cases with remuneration.

Chapter II

RELATIONSHIP WITH CLIENTS

Rule 5. Acceptance and handling of cases

1. Lawyers respect clients' choice of lawyer; only accept cases within their capacity and handle them within the scope requested by the client.

2. Upon accepting a case, lawyers inform clients about the rights, obligations, and responsibilities of lawyers in providing legal services to clients.

3. Lawyers have the responsibility to protect the best interests of clients within the framework of the law and professional ethics.

4. Lawyers do not transfer cases they have undertaken to other lawyers to handle, except with the client's consent or in cases of force majeure.

5. Lawyers actively and promptly resolve clients' cases and report on the progress of work so that clients can make timely decisions.

6. While providing legal services to clients, lawyers do not pursue material interests solely as the sole goal of practicing law.

7. Lawyers do not refuse to handle cases they have accepted, except in cases of conflicting interests as stipulated in Rule 6 or in cases of force majeure.

Rule 6. Conduct of lawyers in cases of conflicting interests among clients

1. Lawyers do not provide legal services to two or more clients in the same matter when their interests are opposed.

2. Lawyers do not provide legal services to clients if close relatives of the lawyer are providing legal services to another client whose interests are opposed to those of the lawyer's client, unless all clients agree.

Rule 7. Refusal to provide legal services

Lawyers refuse to provide legal services if the client's request has no basis, violates the law, or goes against societal morals.

Rule 8. Unilateral termination of legal services

1. Lawyers unilaterally terminate legal services they are undertaking when there is reasonable grounds to believe that the client is using the lawyer's services to commit illegal acts or seriously violate societal morals.

2. When unilaterally terminating legal services, lawyers notify the client within a reasonable time frame to allow the client to find another lawyer to provide legal services, while promptly resolving issues related to the termination of the legal services already undertaken.

Rule 9. Confidentiality

1. Lawyers do not disclose information about cases or clients without the client's consent.

2. Lawyers are responsible for ensuring that their staff also do not disclose information about cases or clients.

Rule 10. Things lawyers may not do

1. Lawyers do not engage in business activities that could affect the reputation and integrity of the legal profession.

2. Lawyers shall not engage in business activities with clients while practicing their profession; they shall not use the money or property of clients during their practice.

3. Lawyers shall not draft contracts for the donation of clients' assets to themselves or to persons closely related to them.

4. Lawyers shall not accept money or any other material benefit from others to undertake or refrain from undertaking a case if such action may cause damage to the interests of the client.

5. Lawyers shall not use information obtained from cases they handle to seek personal gain.

6. Lawyers shall not hire intermediaries to secure work for themselves.

7. Lawyers shall not promise results before the outcome of a case for the purpose of attracting clients or increasing fees.

8. Lawyers shall not demand from clients or persons with rights or interests related to clients any additional payment or gift beyond the agreed fee.

9. When providing legal aid at the request of a legal aid organization, lawyers shall not accept any money or material benefit from the person receiving legal aid.

Chapter III

RELATIONSHIPS BETWEEN LAWYERS AND PROSECUTION AUTHORITIES AND OTHER STATE AGENCIES

AND OTHER STATE AGENCIES

Rule 11. Conduct of lawyers in relation to prosecution authorities and other state agencies

Lawyers strictly comply with internal regulations and relevant provisions in their relations with prosecution authorities and other state agencies; they maintain courteous attitudes and respect those conducting proceedings and other public officials whom lawyers encounter in their practice.

Rule 12. Matters that lawyers shall not do in relation to prosecution authorities and other state agencies

1. Lawyers shall not connect or directly relate to those conducting proceedings, participants in proceedings, or other public officials with the aim of involving them in actions contrary to the law in resolving cases.

2. Lawyers shall not provide information or evidence that they suspect to be false.

3. Lawyers shall not themselves or assist clients in using illegal means to delay or prolong the resolution of cases.

4. Lawyers shall not make statements in the media or in public places that would have a negative impact on the activities of prosecution authorities or other state agencies.

Chapter IV

COLLEAGUE RELATIONSHIPS

Rule 13. Respecting and cooperating with colleagues

1. Lawyers shall have friendly and respectful attitudes towards colleagues. Criticism and comments about colleagues shall be made objectively, at appropriate times and places, and in a constructive spirit.

2. Lawyers shall be conscious of cooperation and assistance to colleagues both in their practice and in their lives.

Rule 14. Matters that lawyers shall not do in relation to colleagues

1. Lawyers shall not insult or undermine the reputation of colleagues.

2. Lawyers shall not engage in behavior that pressures, threatens, or uses other improper methods against colleagues to gain an advantage for themselves in their practice.

3. Lawyers shall not collude with lawyers representing clients with opposing interests to jointly seek improper personal benefits.