Introduction | Management Board | Award Discipline Board | Associated Internal Organizations

INTRODUCTION

Hanoi Bar Association was established on 24/11/1984 according to the Decision No1615/QD-TC of Hanoi People’s Comittee. After 20 years of establishment, Hanoi Bar Association has been cited with its rapid developments of both quality and quality. The numbers of practicing lawyers have been increasing from 20 lawyers backwards 5 years ago to around 1,500 lawyers with more than 250 law offices at the current time. The law offices are practicing in various fields such as: litigation, providing legal consultancy services in investment, corporate, comercial, civil,  banking, maritime, intellectual property, housing, employment  etc. The Hanoi Bar Association has well contributed its role in protection of legality and legitimate rights and interest of citizens and organizations in various fields.

Hanoi Bar Association shall develop well in all aspects to become a leading  Bar Association of Vietnam.

History/Charter/Statute for professional ethics

 Hanoi Bar Association has so far admitted  1,500 lawyers (by end of July 2007). Presently, there are more than 250 law offices/firms. All the law firms do legal practice in the following fields:

1. To act for defendants and accused in the beginning or before criminal courts at all levels of jurisdiction;  

2. To act as an authorized representative on behalf of litigants before civil, labour, economic and administrative courts; 

3. To provide legal services in set-up, split, merger, dissolution or  bankruptcy of companies, ip agent, copyright, patent, real estate, testament, draft contract and properties; 

4. To provide legal advice in oral or writing; 

5. In-house counsel for all organizations, companies and families; 

6. Partnership or act as associates for foreign  law firms in Vietnam; 

7. To provide legal services to disadvantageous people and the poor; 

The story for the establishment and development of lawyers’ career And law firms in Vietnam

 I. The period for prior August Revolution of the year 1945.

Before French colony, the courts of Vietnam were held by the feudal mandarins and king without the barristers. After the invasion of the southern Vietnam and on 26 November 1876, the French colony issued its Decree on the defense in favour of the French or Vietnamese nationals with French nationality before the courts of French colony.

After the French rule was established nationwide, by the year 1884, Governor-General of Indochina promulgated his Order for setting up Bar Association in Saigon and Hanoi and admitting the lawyers being the French and Vietnamese nationals with French nationality.

By Order promulgated on 30 January 1911, the French authority had allowed Vietnamese nationals without French nationality to do legal practice as barrister.

The final Order of French authority concerning the lawyers was issued on 25 May 1930 in respect of Bar Association in Hanoi, Saigon and Da Nang. This Order allowed the lawyers to act as barrister before not only French courts but also Vietnamese courts; to act on behalf of clients being French and non-French nationals.

The first Vietnamese barrister was known as Mr. Phan Van Truong (born on 1876 and dead on 1933). He was born in Dong Ngac Village, Tu Liem District, Hanoi City. He graduated from the school of law and does legal practice as barrister in Paris. He was also patriot. When Uncle Ho pursued his course in Paris, he used to live in the Mr. Phan Van Truong’s house.

The memorable landmark in the year 1926 lied in the fact that he was convicted to dead sentence by Vinh City Court of French colony. On 6 June 1931, when the Uncle pursued his course abroad, he was arrested by British Police in Hong Kong. At that time, he was known as under the name of Tong Van So. The French colony strove for his extradition from British authority to French authority in Indochina. In such circumstance, with his talent and the big support from one British barrister named as Lo – Gio – Bai, British authority in Hong Kong was forced to free him in the early 1932. Mr. Lo Gio Bai also supported him in his escape from Hong Kong. Later on, as the President of Vietnam, Uncle Ho has invited him to visit Vietnam as top visitor.

II. The period for the subsequent years of August Revolution of 1945.

When August Revolution of the year 1945 was successful, Democratic Republic of Vietnam was born. On 10 October 1945, President Ho Chi Minh signed his Order No.46/SL on the organization of Bar Associations.

Pursuant to such Order, the local bar associations remained unchanged in accordance with the Order dated 25 May 1930 issued by French colony. However, This Order has some following changes:

- The barristers were allowed to act for the client before the court at provincial level and military court.

- The conditions for becoming barrister: being Vietnamese national regardless of male or female; having bachelor of law; having good behaviour; having undergone three years of probation at one law firm.

- Saigon and Hanoi Bar Association elected a lawyer’s council if attached to county with more than ten law firms. In case of less than ten law firms, the practicing lawyers set up lawyer’s commission for managing the job.

Order No.46/SL is the first promulgated order pertaining to lawyers of Democratic Republic of Vietnam. This order has reflected the interest of temporary revolutional government over lawyer in Vietnam.

Order No.163/SL dated 23 March 1946 on the organization of military court also provided that the defendant has the right to retain the barrister for his/her defense.

The first constitution of Democratic Republic of Vietnam was passed by National Assembly on 9 November 1946 and in Article 67 stated that: “the hearing was held in public except for special cases and accused have the right to self-protection or retain the barrister.”

Regrettably, with such newly passed Constitution, on 19 December 1946, the national struggle happened. All the people from the North to South have unitedly taken their weapon to fight against French invader with the slogan: “We can not accept to lose our country and work as the slavery despite of our death”. During the struggle, all the lawyers also participated in state apparatus, military forces and communist party and Hanoi Law University was evacuated to Vinh Yen province and closed in the year 1949. To correct the shortage of lawyers, Order No. 69/SL dated 18 June 1949 prescribed the statute on defender for accused before the courts. Order No.144/SL dated 22 December 1949 allowed non-lawyer person to protect legal right and interests of the litigants in civil cases.

After Dien Bien Phu victory in the year 1954, the country was divided into two regions. The South was under the control of French military and aftermath American military instead for long term division of Vietnam.

In the North, on 31 December 1958, National Assembly has passed second Constitution of Democratic Republic of Vietnam. Article 101 of such Constitution provided that “the hearing was held in public before the courts except for special cases prescribed by the laws. The right to defend in favour of accused is protected”.

After successful Ho Chi Minh military campaign dated 30 April 1975, the country was unified. 1980 and 1992-year Constitution of Socialist Republic of Vietnam also provided that the right to defense in favour of accused is protected. The law firms were established in order to support accused and other litigants in criminal and civil cases.

Hanoi Bar Association over the history

I. First term from November 1984 to January 1988.

After the unification of the country, on 18 December 1980, National Assembly has passed the Constitution of Socialist Republic of Vietnam. Citizens’ right to freedom and democracy are provided in several Articles, of which, Article 133 stated that: “The hearing was held in public by People’s courts and the right to defense is protected. The law firms are established in order to protect defendants, accused and other litigants in criminal and civil cases”. Therefore, during non-existence of the Ordinance on lawyers, on 30 April 1984, Hanoi People’s Committee as approved by the Ministry of Justice have issued Decision No. 16/5/QD-TC on establishment of Hanoi Bar Association.

After nearly seven months of preparation, the meeting on the establishment of lawyers was held on 24 November 1984.

Such meeting was participated by the following lawyers:

 
1. Vu Nhu Gioi                           9. Vu Ngoc Duyen

2. Nguyen Thanh Vinh                10. Nguyen Xuan Duong

3. Tran The Mon                         11. Le Minh Duc

4. Vu Khac Toan                        12. Le Duy Luong

5. Nguyen Thi Xuan An               13. Do Xuan Sang

6. Phan Chau                            14. Phung The Thiet

7. Nguyen Van Chi                     15. Tran Khac Uan

8. Dang Van Doan                      16. Vu Quy Vy

The meeting has elected the managing committee with 3-year term including the following:

1. Lawyer Vu Nhu Gioi - President

2. Lawyer Tran The Mon – Deputy president

3. Lawyer Nguyen Thanh Vinh – Deputy president

4. Lawyer Vu Khac Toan – General secretary

The meeting also has elected examination committee. Lawyer Tran The Mon was elected as its head. Lawyers such as Nguyen Dinh Chi and Nguyen Thi Xuan An were elected as commissioners.

At the end of the first term, State’s council (now called as Standing committee of National Assembly) promulgated Ordinance on the organization of lawyers’ associations on 18 December 1987.

The Ordinance on the organization of lawyers’ associations dated 18 December 1987 is the legal document on the organization of bar associations and legal practice of lawyers in the country and by 28 April 1988, Hanoi People’s Committee have issued Decision No. 1874/QD-UB on the continual operation of bar association in accordance with Ordinance dated 18 December 1987.  

II. The term from February 1988 to December 1991

The meeting for summarizing term I and opening term II was held on 5 through 6 February 1988.

the meeting elected managing committee with the following:

1. Lawyer Vu The Mon - President

2. Lawyer Vu Khac Toan – Deputy President

3. Lawyer Nguyen Thanh Vinh – Deputy President

4. Lawyer Nguyen Xuan Duong – Deputy President

5. Lawyer Hoang Van Ke – Commissioner

The inspection board included Lawyer Tran The Mon as head of board and lawyers such as Mr. Pham Minh Duc and Mrs. Pham Thi Khang as commissioners.

After issued Statute on bar associations, Ministry of Justice has issued Circular No.313 dated 15 April 1989 providing guideline on the implementation of Statute on bar associations. Pursuant to Circular No. 313 dated 15 April 1989, Hanoi Department of Justice has required to dissolve Hanoi Bar Association and set up new one. A couple of lawyers were assigned by Hanoi Department of Justice to set up temporary managing committee without the participation of lawyers being the members of managing committee elected by the meeting. It is found illegal by Hanoi Bar Association so that it struggled to protect the continuality and validity of Hanoi Bar Association. Finally, on 31 July 1991, the President of State’s Council (now known as State President) have issued Official Letter No. 126 on recognization of Hanoi Bar Association as established in 1984 in accordance with Decision of Hanoi People’s Committee and continued to do legal practice pursuant to Ordinance on organization of bar associations dated 18 December1987 and Statute on Hanoi Bar Association.

The term II would have terminated at the end of 1990 but due to the issues on the continuality of Hanoi Bar Association as mentioned above, the term II have extended until the end of 1991.

III. The second term from January 1992 to May 1995.

After issued Official letter No. 126 dated 31 July 1991 of the President of State’s Council on recognization of validity and continuality of Hanoi Bar Association, on 6 January 1992, Hanoi Bar Association have organized a general meeting to elect managing committee, inspection board of term III. Lawyer Tran The Mon has resigned due to his health. The new managing committee included as follows:

1. Lawyer Vu Khac Toan – President

2. Lawyer Nguyen Thanh Vinh – Deputy President

3. Lawyer Vu Thien Kim – Deputy President

4. Lawyer Tran Thi Phuong Duc – Deputy President

Lawyer Ngo Kien was elected by the general meeting as a head of inspection board. Lawyer Ha Thi Ngan Giang and lawyer Vu San was elected as commissioners of inspection board.

On 21 April 1992, Hanoi Bar Association has approved “Internal Regulation of Hanoi Bar Association”. Its main topic clarified the responsibility of lawyers during their legal practice. The lawyers have their responsibility before their clients as well as society and comply with socialist jurisdiction. The lawyers have to maintain professional ethics; be honest, incorruptible, brave to protect justice and fairness.

In term of external affair, the managing committee have received and worked with several bar associations from such countries as France, United State of America, Switzerland, China. On 1992, Hanoi Bar Association was admitted as the member of International Lawyer Association. On 1993, President Vu Khac Toan was appointed as Deputy President of International Lawyer Association and worked as the secretary of its affiliate in South East Asia.

IV. The fourth term from June 1995 to August 1998.

The fourth term would have begun from the early 1995. However, due to its tenth anniversary of Hanoi Bar Association, general meeting in fourth term was held on 1 through 2 June 1995. This meeting had no its report for final summarization because it is stated in report of tenth anniversary of Hanoi Bar Association.

The meeting have issued preliminary report for first semester of the year 1995 and elected managing committee, inspection board. The managing committee tried to elect 5 members but only four one were elected as follows:

1. Lawyer Vu Khac Toan – President

2. Lawyer Le Kim Que – Deputy President

3. Lawyer Vu Thien Kiem – Deputy President

4. Lawyer Nguyen Trong Ty – Deputy President

For inspection board, Lawyer Vu San was elected as its head and Lawyers such as Mrs. Pham Thi Khang and Mr. Duong Van Tue worked as the commissioners.

On May 1996, Lawyer Vu Khac Toan has passed away. On 13 July 1996, the General Meeting have elected Lawyer Le Kim Que as its President and decided the number of Hanoi Bar Association’ managing committee as 3 lawyers.

V. The fourth term from August 1998 to September 2002

The meeting has elected its managing committee and inspection board. Lawyer Le Kim Que was re-elected as President and Lawyers such as Mr. Vu Thien Kim, Mr. Nguyen Trong Ty also as Deputy President for second term.

Lawyers such as Mr. Vu San, Mrs. Pham Thi Khang, Mr. Duong Van Tue, were re-elected for inspection board and Mr. Vu San as its head.

On March 1999, lawyer Nguyen Trong Ty has resigned from his Deputy President. The general meeting has elected Mrs. Ha Thi Ngan Giang as Deputy President.

On 25 July 2001, Standing Committee of National Assembly has passed new Ordinance on lawyer. Some outstanding points were raised in the Ordinance as follows: Lawyer must have bachelor of law and undergo lawyer training course before doing legal practice; bar associations are professional organizations for lawyers, lawyers do legal practice in the form of law firm and law office; Nationwide bar association as defined by Government; the combination between State management and self-control of bar associations.

This Ordinance also reinforced and improved the team of lawyers as professionals, having good behaviour, highly qualified, bringing lawyers into full play for developing State of law, international integration, satisfying the requirement from economic – social development of the country.

The Ordinance took effect from 1 November 2001. The Government has issued its Decree No. 94/2001/ND-CP dated 22 February 2001 providing detailed guideline for the implementation of the Ordinance. Hanoi Bar Association has studied, complied with such legal documents and formulated its plan for setting up adjusted bar association, approved Charter of Hanoi Bar Association.

VI. The fifth term from September 2002 to September 2005

The General Lawyer’s Meeting of Hanoi Bar Association in September 2002 has elected its managing committee with the following members:

- Chairman: Lawyer Nguyen Trong Ty

- Vice Chairmans:

+ Lawyer Nguyen Huy Thiep

+ Lawyer Nguyen Van Chien

+ Lawyer Ha Dang

+ Lawyer Vuong Trong The

+ Lawyer Nguyen Thi Hang Nga

+ Lawyer Duong Van Tue

 VII. The sixth term from September 2005 to September 2008

The General Lawyer’s Meeting of Hanoi Bar Association on 20 September 2005 has elected its managing committee with the following members:

- Chairman: Lawyer Pham Hong Hai

- Vice Chairmans:

+ Lawyer Hoang Huy Duoc

+ Lawyer Tran Van Son

+ Lawyer Chu Van Khang

+ Lawyer Vuong Trong The

+ Lawyer Le Xuan Thao

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Over twenty years, Hanoi Bar Association has striven for building team of lawyers, improving qualification of lawyers, making contribution for protecting jurisdiction, enhancing democracy. However, all done by Hanoi Bar Association remained initial steps. To make contribution for building socialist State of law, we must continue to make its efforts in order for lawyers to participate in building Vietnam as rich people, strong country, justice, democratic and civilized society.