On August 27, the National Assembly Standing Committee gave opinions on the draft Law on Lawyers (amended).
Presenting a summary report on the draft law, Member of the Party Central Committee, Minister of Justice Hoang Thanh Tung said that the amendment of the law also aims to develop a transparent legal service market.
At the same time, improve the effectiveness of state management combined with promoting the self-management responsibility of socio-professional organizations under the leadership of the Party and the management of the State.
Promote administrative procedure reform associated with digital transformation, creating maximum convenience for people and businesses; ensure the consistency of the legal system and overcome existing problems and limitations arising in practice.
The draft Law on Lawyers (amended) consists of 6 chapters, 36 articles (reducing 56 articles compared to the current Law on Lawyers).
The Minister of Justice said that the draft Law has supplemented standards on political bravery, good ethics and integrity; compulsory annual training on political and professional awareness.
At the same time, allowing law lecturers to become lawyers; shortening the process of becoming a lawyer from 4 steps to 2 steps. Along with that, allowing probationary lawyers to perform some activities according to the assignment and supervision of the guiding lawyer and with the consent of the client.
Another issue is to supplement prohibited acts, increase social responsibility and transparency of lawyers' rights and obligations to customers; clearly stipulate cases of revocation of Certificates and Business Registration Certificates.
Regarding the development of a transparent legal service market, healthy competition, and promoting professional and effective lawyer practice organizations.
The draft Law has supplemented the concept of legal services; prohibiting impersonation of lawyers, illegal advertising, and illegal remuneration, except for performing professional services.
Allow lawyers to sign contracts with state agencies and enterprises, appraise key projects, and work as mediators, arbitrators, and asset administrators.
The submission also clearly states that the draft law clearly stipulates the responsibilities of the State and procedural agencies in ensuring the right to practice; the responsibility of the State in developing integrated lawyers, supporting lawyers in difficult areas and attracting overseas Vietnamese lawyers to practice in Vietnam.
Verifying this content, Member of the Party Central Committee, Chairman of the National Assembly's Law and Justice Committee Phan Chi Hieu said that the Standing Committee of the Law and Justice Committee basically agreed with the addition of standards for lawyers as "having firm political bravery..., resolutely protecting justice, integrity and honesty".
However, it is proposed that the drafting agency continue to study and clarify this standard in the draft Decree to ensure consistency and unity in the practical implementation of the law.
In addition, some opinions suggest that the setting of the standard of "resolutely protecting justice, integrity and honesty" as for some judicial titles in the state apparatus needs to be studied more carefully.
Regarding lawyer internships, it is proposed that the drafting agency study and specifically stipulate cases of exemption and reduction of lawyer internship time right in the draft Law (such as the current Law).
Because this is a direct right of interns practicing law that needs to be stipulated immediately in the draft Law to ensure transparency and consistency with regulations in other laws.
