VIETNAM ACADEMY OF SOCIAL SCIENCES
GRADUATE ACADEMY OF SOCIAL SCIENCES
L
TRAN VAN CONG
TO PRACTICE AS A LAWYER IN HO CHI MINH
CITY UNDER THE VIETNAMESE LAW
Major: Economic Law
Major code: 9.38.01.07
SUMMARY OF THE DOCTORAL DISSERTATION
IN LAW
HaNoi - 2019
The dissertation completed at Graduate Academy of Social Sciences,
Vietnam Academy of Social Sciences
Supervisor: Assoc. Prof. Dr. Duong Anh Son
Reviewer 1: Prof. Dr. Nguyen Thi Mo
Reviewer 2: Dr. Nguyen Van Cuong
Reviewer 3: Dr. Pham Sy Chung
The dissertation will be defended at Graduate Academy Level Council of
dissertation assessment at Graduate Academy of Social Sciences, Vietnam
Academy of Social Sciences, 477 Nguyen Trai, Thanh Xuan, Hanoi.
Time: ………… date ………. month …… …year 2019
The dissertation may be found at:
- Vietnam National Library;
- Graduate Academy of Social Sciences Library
INTRODUCTION
1. The necessity of the research topic
In Vietnam, since the Ordinance on Lawyers 2001 was promulgated,
organizations of law practice have also been established with many
different forms and sizes and have been increasing (including foreign
organizations of law practice in Vietnam). The peculiarity of the lawyer’s
profession is to practice independently and self-responsibility for their
profession. However, to support and assist each other in the practice
process, to enhance the ability to meet the needs of clients and improve
the efficiency as well as reputation of the lawyer profession for the
clients, lawyers have worked together to practice as a lawyer in the
organizations of law practice (Attorney’s Offices or Law Firms).
In recent years, the organization and operation of lawyers in the
organizations of law practice nationwide have promptly met a part of the
increasing demand for legal assistance of individuals, organizations,
making an important contribution to protecting the legitimate rights and
interests of the accused, defendants and other involved parties, to actively
serve the judicial reform, and gradually create a favorable and trusted
legal environment for investment, business, trade activities, etc. in the
context of international integration.
Ho Chi Minh City (HCMC) is the nation’s largest economic and
cultural center, a dynamic international trade destination in the region,
where the traditional profession of lawyer was born very early, HCMC
has a very favorable environment for the development lawyer profession.
For many years, HCMC has always had the largest number of lawyers
and the organizations of law practice nationwide, accounting for nearly
half of all lawyers and more than 40% of the organizations of law
practice across the country. The demand for legal services here is also
very diverse and is increasing complexity, from “traditional” legal
services such as proceedings, legal advice an assistance for the people to
legal consultancy activities for domestic and foreign enterprises and
organizations related to investment transactions, banking, capital
markets, real estate markets, intellectual property and participating in
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dealing with trade disputes with foreign elements. With this
characteristics, it can be said that the successful implementation of the
target “Strategy for the development of the lawyer’s profession by 2020”
(issued by the Prime Minister under the Decision No. 1072/QD-TTg
dated 05 July 2011) in HCMC has crucial significance to the success or
not of the strategy for development of lawyer profession nationwide.
Therefore, practice as a lawyer in the organizations of law practice is
highly expected in the current socio-economic development period,
whether society’s expectation about lawyer practice has been realized or
not, it depends very much on the operation of the organizations of law
practice. There are so far many organizations of law practice in HCMC,
however, it must be noted that the majority of these organizations are
lacking professional with small-size scale and low efficiency, leading to
lack of competitiveness, especially in international competition.
The Law on Lawyers 2006 (amended and supplemented in 2012) was
born together with the Law on Enterprises 2014 and other legal
documents regulating the organizations of law practice. These
regulations have just created a legal basis for the organization and
operation of the organizations of law practice but have not met the
governance requirements in accordance with the operational nature of
legal service providers. Because the organizations of law practice have
their own operating principles and specific requirements. In such context,
the law on the organizations of law practice is not also complete.
Therefore, the pending question that is how the organizations of law
practice are organized and operated consistent with the context of the
development of the country in general and of HCMC in particular.
With the above reasons, the author has chosen the research titled “To
practice as a lawyer in HCMC under the Vietnamese law” as his doctoral
dissertation in economic law, it can be said that this study is very
necessary in the current period.
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2. Research purpose and tasks
2.1. Research purpose
The author’s research purpose is to participate in legal science
research in general and legal science of the organizations of law practice,
to make a relatively complete legal scientific research work to meet the
requirements of a doctoral dissertation in law on the organizations of law
practice in the current context of Vietnam. By analyzing the theoretical
issues on the organizations of law practice, the law on organizations of
law practice, the reality of Vietnamese law on the organizations of law
practice and the application of the law on the organizations of law
practice in HCMC.
2.2. Research tasks
To accomplish the above purpose, the dissertation seeks to address the
following major research tasks:
- Examining theoretical basis on the practice of lawyer, characteristics
of the organizations of practicing lawyer compared to ordinary
enterprises, the legal content of the organizations of law practice;
clarifying the theoretical aspects and the law on this issues.
- Comparing and assessing the reality of the law on the organizations
of practicing lawyer so as to have accurate assessments on the
organizations of law practice in reality under the Vietnamese law,
thenceforth, the study points out the advantages, limitations and
inadequacies that need to be deal with.
- Based on the results of theoretical and practical research, the
dissertation proposes orientations and solutions to improve the
institutions of organizations of law practice under the Vietnamese law in
the current period.
3. Research subject and scope
3.1. Research subject
The research subject of the dissertation is as follows:
- Opinions on the organizations of law practice and application of
these opinion for the organizations of law practice; the role of a law3
practicing organization in promoting the development of legal services to
meet the requirements of building a rule-of-law state in Vietnam;
- The Vietnamese law on organizations of law practice stipulates the
basic foundations of law-practicing organizations and the practice of
implementing these provisions in the organizational structure and
operation of law-practicing organizations; the reality of applying law on
the organizations of law practice in HCMC.
- Solutions to improve the institution on the organizations of law
practice in the current context of Vietnam, especially the requirements of
human rights protection and justice reform.
3.2. Research scope
With the contents mentioned in subsection 3.1, the dissertation just
examines the following major contents:
- The dissertation examines the theoretical issues on the organizations
of law practice, the law on this issue and the practice of applying the law
on the organizations of practicing lawyer in HCMC;
- The dissertation seeks to examine the organizations of practicing
lawyer under the Vietnamese law to explore limitations and inadequacies
compared to Vietnamese law on enterprises and practicing as a lawyer
such as (i) Conditions of the subject entitled to establish an organization
of law practice; (ii) Actual situation of organization and operation of a
organization of law practice under the law in HCMC; (iii) Restructuring
the organizations of law practice; (iv) Rights and obligations of lawpracticing organizations; (v) Withdrawing from the market of supplying
legal service of the organizations of law practice; (vi) Managing law
practice under the current Law on Lawyers.
- The dissertation will not examine other aspects of other subjects
such as The Vietnamese Layers Association, foreign organizations of
practicing lawyer in Vietnam, the state legal aid Center.
- Regarding time, the dissertation just examines the organizations of
law practice and the law on the organizations of law practice since the
promulgation of Ordinance on Lawyers 2001 and then the Law on
Enterprises 2005 along with many additions and changes to date.
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4. Methodology and research methods
- Methodology
The dissertation based on the Marxism-Leninism viewpoints, the
Party’s guidelines and policies and Ho Chi Minh’s thought on lawyers,
profession of lawyers and the law on lawyers.
- Research methods
The study utilizes methods of collecting data, statistics, analysis,
synthesis, systematical method and comparative method.
5. New contributions of the dissertation
The dissertation’s results have the following major contributions:
First, with scientific arguments and on the basis of comparison of
forms of organizations of law practice under the law on lawyers of some
countries around the world, the author introduces the concepts of the
organizations of law practice, attorney’s offices or law firm partnerships,
two-members limited liability company, one-members limited liability
company and the concepts of lawyer, profession of lawyer, the law on the
organizations of law practice, thenceforth, the study clarifies the need
adjusted by law and legal liability of the organizations of law practice in
Vietnam today.
Second, the dissertation seeks to analyze comprehensively the reality
of organization and operation of forms of practicing lawyers in Vietnam,
the law enforcement on the organizations of law practice in the country
in general and in HCMC in particular, it then points out limitations and
inadequacies of the law on the organizations of law practice, and
difficulties and obstacles in practice.
Third, by interpreting the theoretical and practical issues, the
dissertation produces a view of renovating law on the organizations of
law practice; institutions on the forms of organizations of law practice
consistent with the current context in Vietnam. At the same time, the
dissertation proposes some specific views and solutions to improve the
law on the organizations of law practice, to meet the needs of the
development of organizations of law practice in Vietnam and in order for
the organizations of law practice operated by the law on lawyers.
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6. Scientific and practical significance of the dissertation
Scientifically, the dissertation is a direct and comprehensive research
work on the organizations of law practice under the Vietnamese law. The
research results of the dissertation are the theoretical and practical basis
to researchers and legislators in drafting, building and perfecting the law
on lawyers, practice as a lawyer and the organizations of law practice
Practically: the dissertation may be considered a valuable scientific
research work for researching, teaching and learning in legal training
institutions on the organization and operation of the organizations of law
practice in Vietnam.
7. Structure of the dissertation
Besides the introduction and conclusion, references and appendix, the
dissertation includes 4 chapters:
Chapter 1: Literature review
Chapter 2: Theoretical issues and the law on the organizations of law
practice
Chapter 3: The reality of the law and applying the law on the
organizations of law practice in Ho Chi Minh City
Chapter 4: Directions and solutions to improve the organizations of
law practice and the law on the organizations of law practice
Chapter 1
LITERATURE REVIEW
1.1. Reviewing literature
General theoretical studies on lawyers and the role of lawyers
In “Theoretical basis of improving the law on lawyers in Vietnam
today” by Phan Trung Hoai (2003), the author can approach the basic
theoretical issues and the theoretical basis of adjusting law to lawyers’
operation; the reality of the law and enforcing the law on lawyer in
Vietnam. Moreover, the study introduces the concept of lawyer,
profession of lawyer. According to Phan Trung Hoai, the profession of
lawyer is a law profession, in which with their legal knowledge, lawyers
can independently implement activities within the scope of their
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profession as prescribed by law and regulations on professional liabilities
to serve justice and protect the lawful interests of customers, contributing
to legal protection and building the socialist rule-of-law state of Vietnam.
In “Exercising the right to defense of the accused and defendants in
criminal proceedings” by Hoang Thi Son (2003), the author clarifies
some general theoretical issues on the right to defense of arrestees and
defendants as well as the concept of the right to defense of these people;
forms of defensing of lawyers and grounds for the right to defense and
the meaning of defensing. In addition, in the book “Practical Law Office
Management” by Brent D. Roper focused on theoretical issues on
lawyers; law practice office; theory of law office management. The
author also showed that in the US, besides the owner lawyers in the law
offices, there are also (i) associate lawyers; (ii) contract lawyers; (iii)
employee lawyers; in the US, law firms are often classified as small,
medium and large-size scale. Small law firms usually have fewer than 20
lawyers; medium law firms have 20-75 lawyers; large law firms have 75
to hundred of lawyers; some super large firms have 500 to over 1,000
lawyers.
Research works on the organizations of law practice and the law on
the organization and operation of the organizations of law practice
- Regarding law firm governance: including “Law firm governance
under the Vietnamese law” by Nguyen Van Bon (2019). In this study the
author can approach firm governance and law firm governance in terms
of theoretical and practical issues of the law firm governance, in which
the study is associated with the issue of practicing lawyers and the
organizations of practicing lawyers by the form of law firm partnerships
and limited liability firms. It can be said that this is an elaborate and
comprehensive research work that is close to the dissertation. The author
refers to this study to analyze characteristic feature of profession of
lawyers and forms of law-practicing organizations.
- Regarding law firm partnership: in “Law firm partnerships in
HCMC under the Vietnamese law” by Vu Thanh Trung (2014), the
author introduces the concept of law firm partnership as a form of
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associating amongst lawyers who are indefinitely responsible for the
debts of law firm partnerships. The law firm partnership is a company in
which there are at least two lawyers will manage and share profits and
risks together
- In “The law on organization and operation of the organizations of
law practice in HCMC” in 2014, the author has examined the theoretical
issue on the organizations of practicing lawyers; the law on the
organization and operation of the organizations of law practice and the
reality of the law on the organization and operation of the organizations
of law practice in HCMC. In addition, the author has also reviewed the
system of law on lawyers and the organizations of practicing lawyers
between 1987 and 2014. Additionally, there are also studies on lawyers
and law firms such as “Start-up guides” by Nguyen Huu Phuoc (2016),
General Publishing House, HCMC; “Business Development for Law
Firms” by Laurie Young (2013). With this research work, the author
interested in law firm governance including management order,
management of finance and accounting law firms in which it analyzes
profits, self-management and planning for taxes.
Research works regarding to the law on lawyers
- “The law on lawyers and professional ethics” by Dr. Nguyen Van
Tuan (2014), National Truth-Political Publishing House, Hanoi, in this
study, the author presented a comprehensive picture of lawyer profession
and the law on lawyers from the theoretical perspective, he has reviewed
the entire system of law on lawyers and the organizations of practicing
lawyers. He has also intensively presented and analyzed many issues and
aspects related to lawyers, lawyer profession, the law on lawyers and
forms of the organizations of law practice in Vietnam. The book titled
“The basic content of legal project on lawyers – compare to the law of
some countries” by the Department of Justice Supplement, Justice
Publishing House (2006), this study mentioned concepts of lawyers,
practicing as a lawyer and the law on lawyers of some countries in the
region and the world such as the Law of the People's Republic of China
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on lawyers; Japanese Attorney Association; Singaporean Act on
Attorneys.
Research works relating to lawyers, practicing as a lawyer,
organizations of law practice and propose solutions to improve the law
Research works in this field including “The theoretical and practical
basis of improving the law on organization and practice as a lawyer in
new context in Vietnam” by Dr. Nguyen Van Thao, Ministerial-level
project (in 2005); “Reforming the judiciary, improving the system of
judicial procedures, enhancing the effectiveness and efficiency of hearing
by the court in the socialist rule-of-law state of the people, by the people
and for the people” by Ministry of Justice, State-level project (20032006). “Vietnamese tradition of lawyers” 2014 and “History of
profession of law in Vietnam” by Phan Dang Thanh and Truong Thi Hoa
(2015), General Publishing House, HCMC. In this study, authors have
approached issues by general rules of the lawyer profession, sustainable
elements that have been gone through challenges over a long period of
time but still exist up to now.
Research works on consulting skills of lawyers
“Legal consulting skills of lawyers” by Chu Lien Anh (2011);
“Lawyers’ skills legal practice consulting” by Truong Nhat Quang
(2013), Labour Publishing House, Hanoi; “Lawyers’ Skill Legal Practice
course guide” by Web J., Maughan C., Palmer M.K. and Boon A.,
Oxford University Press (2007), in this study, authors introduced a
system of WASP method to make service contracts with customers. In
“Lawyers as Counselors: A Client- Centered Approach” by David A.
Binder, Paul B. Bergman & Susan M. Price (1991), authors mentioned
the counseling skills of lawyers. Additionally, “What Lawyers do, A
Problem solving approach to Legal Practice” by Sweet & Maxwell,
Stephen Nathason (1997), in this study, authors mentioned three skills:
First, identifying legal issues and issue assessments; Second, giving
advice to customers; Third, planning legal advice for clients and help
them to have the best ability to take action.
1.2. General assessment
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1.2.1. The research results that the dissertation will inherit and
continue to develop
First, the above-mentioned research works and articles have clarified
some necessary concepts such as the concept of lawyers, the lawyer’s
profession, legal practice, characteristics and role of lawyers, lawyers’
organizations from different legal perspectives in accordance with
international practice. Research works have identified the diversity and
abundance of lawyers’ practice activities. These are extremely important
contents, thenceforth, the dissertation seeks to solve the pending
questions.
Second, the above-mentioned research works have analyzed and
assessed the role of lawyers and the function of lawyers’ organizations.
In addition, many research works have thoroughly studied theoretical
issues, for example, doctoral dissertation titled “Theoretical basis of the
completion of the law on lawyers in Vietnam” by Phan Trung Hoai
(2003). The monograph “Law on lawyers and the lawyer’s profession
ethics” by Nguyen Van Tuan (2014); Doctoral dissertation titled “Law
firm governance under the Vietnamese law” by Nguyen Van Bon (2019).
These studies have been conducted from the legal perspective, so the
analysis and evaluation are quite specific and detailed, solutions to
improve lawyers’ performance, lawyers’ profession and law firm
governance have also been mentioned. These are valuable experiences
for me to conduct my doctoral dissertation.
Third, from perspective of jurisprudence, domestic research works
have partly described legal framework of the organizations of law
practice in Vietnam and pointed out the inadequacies need to be solved,
as well as proposed some solutions to deal with these inadequacies. It can
be said that this is one of the important results that the dissertation can
inherit so as to propose further specific solutions.
1.2.2. The pending questions that need to be further examined
First, there have not been any comprehensive and systematic research
works on the organizations of law practice. Thus, there are not
comprehensive assessment of consistency and inconsistency of legal
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regulations with the reality of law-practicing organizations in Vietnam.
The dissertation will try to solve this issue.
Second, although concepts of lawyers, the profession of lawyers and
the organization of lawyers have been basically clarified, domestic and
foreign research works have the same approach. However, there are not
many research works on the concepts, characteristics and roles/functions
of the organizations of practicing lawyers as well as the organizational
model and operation of lawyer offices, law firm partnerships, twomembers limited liability law firms and one-member limited liability law
firms, the theoretical and practical issues have not been solved. The
dissertation will clarify this issue so as to find out the most appropriate
approach.
Third, due to the lack of comprehensive and direct studies on the law
on organizations of practicing lawyers, solutions to improve the legal
framework to the organizations of law practice are not also examined
concretely and persuasively. The dissertation will clarify these problems
and it tries to find out effective solutions to improve the legal framework
and the law on the organizations of practicing lawyers.
Research questions: What is the organization of law practice? The
legal nature and characteristics of the organization of law practice?
Which are the forms of the organizations of law practice? How are they
operating? What are contents of the organizations of law practice? How
is the application of the law on the organizations of law practice in reality
in HCMC? What are specific directions and solutions to improve the law
on the organizations of law practice?
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Chapter 2
THEORETICAL ISSUES AND THE LAW ON THE
ORGANIZATIONS OF LAW PRACTICE
2.1. Theoretical issues on the organizations of law practice
2.1.1. The concept of lawyer and profession of lawyer
- The concept of lawyer
Regarding the concept of lawyer, currently, there are still many
different interpretations, on the one hand, due to the law in general and
the law on lawyers in particular have not been completed, on the other
hand, due to the terms in foreign languages are not translated accurately.
In citations, the author has basically presented the concept of lawyer:
according to Article 2 of the 2006 law on lawyer and amended in 2012,
“Lawyer is a person who meets the qualifications and conditions for
practicing to implement legal services by the requests of individuals,
agencies and organizations as the clients”.
In the author’s opinion, the concept of lawyer can be understood as
follows: “Lawyer is a law practitioner who holds a law practice
certificate under the provisions of the law on lawyers and is allowed to
register his/her practice in a certain attorney Association/Federation and
provide legal services to the society”.
- The concept of profession of lawyer
In Vietnam, the terms “legal profession”, “profession of lawyers” and
“practice as a lawyer” are still used. With the habit of using Vietnamese
language in spoken and written, the phrase “legal profession” is
acceptable. According to Phan Trung Hoai “Profession of lawyer is a law
profession in which with their legal knowledge, lawyers can
independently conduct activities within the scope of their practice under
the provisions of the law and regulations of professional liability to serve
justice, protecting the legitimate interests of clients, actively contributing
to legal protection and building the socialist rule-of-law-state of
Vietnam”. In the author’s opinion “Profession of lawyer is a law
profession in which lawyers have the freedom in their way of practice,
providing legal services to clients under the provisions of the law, ethical
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rules and their behavior to protect the lawful rights and interests of
clients, contributing to the protection of justice, economic development
and building a fair, democratic and civilized society”.
Overview of law practice in some developed countries
In this section, the author presents an overview of law practice in
some countries to clarify the theoretical basis for the concept of the
organizations of practicing lawyers. Namely, overview of law practice in
England, French, Germany, the US, China and Vietnam. Thenceforth, the
author introduces the concept of law practice as follows: “Law practice
means lawyers conduct legal services include participate in proceedings,
legal advice and non-procedural representation for clients and other
legal services by the requests of individuals, agencies, organizations and
performed by a team of professional lawyers”.
2.1.2. The concept of forms of organization of law practice under
the Vietnamese law
- The concept of lawyer’s office: the latest concept and is applying for
lawyer’s office is presented in the 2006 law on lawyers (amended in
2012): Lawyer’s office is established by lawyer, it is organized and
operated by the form of private enterprise. The lawyer who establishes
the lawyer’s office is the Head of the office and must be responsible with
all his/her properties for all obligations of the office. The office’s head is
the legal representative of the office. The office has its seal and account
as prescribed by law”. In the author’s opinion Lawyer’s office is one of
the forms of the organizations of law practice, it has function of
providing professional legal services. The owner of lawyer office must be
a lawyer and be responsible for all debts of the office by his/her
properties. A lawyer’s office has its own name, transaction office, and it
is established and registered by legal procedures”
- The concept of law firm partnership:
“A law firm partnership is basically a form of organization of law
practice established by at least two lawyers and they are jointly
responsible with all their assets for all obligations of the firm. The law
firm partnership has the function of doing business legal services. The
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firm has its own name, transaction office, seal and account. The
establishment, organization, management and operation comply with the
law on lawyers; in cases the law on lawyers has not regulations, it shall
comply with the provisions of the law on enterprises”.
- The concept of a limited liability law firm of two or more members
“A limited liability law firm of two or more members is a form of
organization of law practice established by at least 2 lawyers, as an
enterprise with legal status and function of doing legal services; it has its
own name, transaction office, seal and account; the establishment,
organization, management and operation comply with the law on
lawyers; in cases the law on lawyers has not regulations, it shall comply
with the provisions of the law on enterprises”.
- The concept of one-member limited liability law firm:
“One-member limited liability law firm is a form of organization of
law practice with only one member as lawyer, as an enterprise with legal
status and function of doing legal services; it has its own name,
transaction office, seal and account; the establishment, organization,
management and operation comply with the law on lawyers; in cases the
law on lawyers has not regulations, it shall comply with the provisions of
the law on enterprises”.
2.1.2. The concept, characteristics and role of the organization of
law practice
- The concept of the organization of law practice
In this section, the author seeks to analyze and clarify theoretical basis
to answer the question what is an organization of law practice, the
professional activities of the organizations of law practice, their
autonomous activities as representative to manage member lawyers and
collaborative attorneys. Thereby, the author introduces concept: “The
form of organizations of law practice may register to operate in the form
of lawyer’s office or law firm. The organization of law practice is the
lawyers’ operational place to provide professional legal services and
established by qualified lawyers or lawyers cooperate each other to
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establish and operated by the law on lawyers, the law on enterprises and
other relevant regulations”.
- Some characteristics of the organizations of law practice: First, the
starting point of the organizations of law practice is not capital but is a
legal entity; Second, the owner of lawyer’s office and law firm must be
lawyers; Third, the organizational structure of lawyer’s office and law
firms is different from other professional organizations; Fourth, the
organizations of law practice do not have governing body; Fifth, the
organizations of law practice have specific management principles.
- The role of the organization of law practice
First, its role in legal proceedings;
Second, its role in legal consultancy activities and legal aid tasks;
Third, the organization of law practice are responsible for accepting
trainees and guide skills of law practice;
Fourth, the autonomous role
Fifth, its role in the dissemination and propagation of the law
Sixth, the organization of law practice involves in other social
activities;
Seventh, the organization of law practice conduct legal services.
2.2. The concept, characteristics and content of the law on the
organizations of law practice
- The concept and characteristics of the law on the organizations of
law practice
“The law on the organizations of law practice is basically overall
legal norms promulgated or recognized by the State to adjust the
relationship between lawyers, the organizations of law practice and
clients and the state agencies, between proceeding-conducting
agencies and proceeding-conducting persons, between socioprofessional organizations of lawyers and other organizations arising
from the process of organizing and professional operation of lawyers and
state management of lawyers’ profession and self-governing of socioprofessional organizations of lawyers”.
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From the above-mentioned concept, the author draws on the
characteristics of the law on the organizations of law practice as follows:
First, the adjusted subject of the law on the organizations of law
practice is the relationship of business trade. Legal regulations on the
organization of law practice is in economic law.
Second, regarding adjustment method: there are two traditional
methods of economic law that is the combination of the administrativeeconomic method and equal agreement method.
Third, based on different criteria, the law on the organizations of law
practice is classified into different types of sources. When we base on the
legal validity of the text, the law on the organizations of law practice is
classified into legal documents and bylaws.
Fourth, when we base on the adjusted subject, the law on the
organizations of law practice is classified into legal provisions governing
different relationships. For example, set up criteria and conditions for a
person to become a lawyer.
Fifth, based on the field of practice, the law on the organizations of
law practice is divided into legal provisions governing lawyers'
participation in legal proceedings; legal provisions governing law
consultancy activities of lawyers and other legal services.
- The basic content of the law on the organizations of law practice
First, stipulating the right to establish/participate in establishing and
registering operation of the organizations of law practice.
Second, stipulating conditions for an organization of law practice may
be born;
Third, the provisions on the internal organizational structure of the
organization of law practice, as well as the legal framework of providing
legal services;
Fourth, stipulating conditions, order and procedures to reorganize and
regulations on rights and obligations of the organizations of law practice.
Fifth, stipulating conditions, order and procedures for terminating
operation of the organizations of law practice
Sixth, stipulating principles of managing lawyers and law practice.
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Chapter 3
THE REALITY OF LAW AND APPLYING THE LAW ON THE
ORGANIZATIONS OF LAW PRACTICE IN HCMC
3.1. The reality of organization and operation of the organizations
of law practice under the law in HCMC
3.1.1. Conditions to establish the organizations of law practice of
subjects
It can be said that, unlike the establishment of any regular enterprise,
the establishment and registration of operations of lawyer's offices and
law firms nationwide in general and in HCMC in particular must meet
conditions not only regulated by specialized laws, but also comply with
the law on enterprises.
3.1.2. The reality of organization and operation of the organizations
of law practice under the law in HCMC
3.1.2.1. Regarding the internal organizational structure of the forms
of the organizations of law practice
- For lawyer's offices
- For law firm partnerships
- For a limited liability law firms of two or more members
- For one-member limited liability law firms
3.1.2.2. Activities of the organizations of law practice
- The common activities of the organizations of law practice are
usually expressed by the following areas:
(1) Regarding human resource training;
(2) Regarding the recruitment of personnel;
(3) Regarding human resource development;
(4) Identifying the operational areas of the organizations of law
practice;
(5) Caring and developing the number of clients;
(6) Regarding finance and accounting of the organizations of law
practice.
- The legal services of the organizations of law practice are conducted
by the following ways:
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First, conducting legal services by the contract of providing legal
services with clients.
Second, conducting the task of defending the accused and defendants
at the request of proceeding-conducting agencies in criminal cases.
Third, conducting legal services through legal aid activities.
3.1.3. Reorganizing the organizations of law practice
In the process of operation, the organizations of law practice have the
right to reorganize in forms such as integrating, merging and
transforming legal forms of these entities in order to create favorable
conditions for effective organization and operation.
1) Integrating law firms
2) Merging law firms
3) Transforming legal forms of the organizations of law practice
3.1.4. Rights and obligations of the organizations of law practice
The law has conditions for establishment/registration of operation of
the organizations of law practice, as well as regulations on the order and
procedures in order for these organizations to be eligible to provide
professional legal services, it is necessary to have specific regulations on
the rights and obligations of this entities to determine what they are
allowed to do and what they have to do? In my opinion, regulations of
lawyers on the rights and obligations of the organizations of law practice
are very important and necessary for the organizations of law practice.
3.1.5. Dissolving the organizations of law practice from the market
of providing legal services
Enterprise dissolution is an indispensable socio-economic
phenomenon in a multi-component market economy, the legal
adjustment of this entity is an objective need. Therefore, the law on
lawyers and the law on organizations of law practice as an important to
tool for the state to regulate social relations and the arising relationships
related to the termination of operations of law-practicing organizations.
3.1.6. Managing law practice under the existing law on lawyers
In chapter VII (Article 83 and 84) of the existing law on lawyers
stipulated the state agencies manage lawyers and law practice; at the
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