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There are many challenges facing the legal profession in the current period.

Báo Đại Đoàn KếtBáo Đại Đoàn Kết16/08/2024


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The chair presided over the national scientific conference "Contributing opinions on the draft guidelines for the development of the Law on Lawyers (amended)".

At the seminar, Dr. Le Truong Son – Rector of Ho Chi Minh City University of Law – stated that, in light of the many challenges facing the legal profession in the country, and stemming from practical needs, the Ministry of Justice is developing a draft outline for the amendment of the Law on Lawyers to solicit opinions from agencies, organizations, and Bar Associations nationwide.

According to Dr. Le Truong Son, the draft outline has essentially provided a legal framework in many important areas to clarify the concepts and standards of lawyers. However, there are still many differing opinions on the outline, and many shortcomings and obstacles arise in the practical operation of the legal profession.

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Lawyer Phan Trung Hoai - Vice President of the Vietnam Bar Association, delivered a speech at the seminar.

Regarding this issue, Lawyer Phan Trung Hoai - Vice President of the Vietnam Bar Association - stated that the legal profession differs from other professions related to law not only in its functions according to the division of labor in society, but also in the way it is expressed through independent methods of professional practice.

The legal profession also has a service nature – the service nature of the legal profession is a special type of service, different from the conventional concept of service such as commercial service, through the legal form of a service contract.

"Theoretically, the legal status of lawyers needs to be considered more comprehensively and broadly than the concept of considering their role based on function and scope of practice," lawyer Phan Trung Hoai commented.

Based on the perspective of a lawyer who has held several positions in the legal profession, Lawyer Nguyen The Phong has offered suggestions regarding the structure of the Law on Lawyers (amended), such as: a new law should be enacted to replace the old one for easier legislative and regulatory drafting techniques.

Regarding the issue of lawyer standards, this lawyer suggested that the criterion of "political integrity" should be added to the standard for lawyers. He argued that when an individual joins the Bar Association to become a member as a lawyer or trainee lawyer (as intended), the Bar Association only needs to verify their diplomas, certificates, and confirmation from the local authorities regarding their compliance with the law and ethical conduct in their place of residence.

According to a group of experts at the Ho Chi Minh City University of Law, there are currently more than 18,200 lawyers working in over 5,400 law firms nationwide. Therefore, amending the current Law on Lawyers in the context of law firms, along with the promulgation of numerous Party resolutions, documents, and State laws related to this entity, is particularly urgent.

At the workshop, experts and lawyers devoted considerable time to contributing ideas and demonstrating a strong sense of responsibility in amending and supplementing the Law on Lawyers. Many specific and detailed suggestions aimed at improving the effectiveness of the legal profession were compiled by the Organizing Committee and submitted as feedback to relevant authorities.



Source: https://daidoanket.vn/nhieu-thach-thuc-doi-voi-hanh-nghe-luat-su-trong-giai-doan-hien-nay-10288126.html

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