Quyết định 1072/QD-TTg

DECISION

APPROVING THE STRATEGY FOR DEVELOPMENT OF THE LAWYER PROFESSION THROUGH 2020

THE PRIME MINISTER

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to June 29, 2006 Law No. 65/2006/QH11 on Lawyers;

At the proposal of the Minister of Justice.

DECIDES:

Article 1. To approve the Strategy for development of the lawyer profession through 2020 enclosed with this Decision.

Article 2. This Decision takes effect on the date of its signing.

Article 3. The Ministry of Justice shall assume the prime responsibility for, and coordinate with related ministries and sectors and the Vietnam Bar Federation in, implementing this Decision.

Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People's Committees shall implement this Decision.

STRATEGY

FOR DEVELOPMENT OF THE LAWYER PROFESSION THROUGH 2020
(Promulgated together with the Prime Minister's Decision No. 1072/QD-TTg of July 5, 2011)

I. NECESSITY OF THE STRATEGY

After 25 years" implementation of the national renewal under the Party's leadership, our country has recorded many great achievements of historical significance. Results of the materialization of the economic management mechanism renewal policy, judicial and administrative reforms, improvement of the legal system and international integration have created important premises for the achievement of the objectives of socio-economic development and building of a socialist law-governed state of the people, by the people and for the people. Particularly, recent results recorded in the socio­economic development, judicial reforms and international integration have exerted positive effects on the development of the lawyer profession in our country, creating favorable conditions for lawyers" organizations and activities to grow rapidly, The number of lawyers has increased markedly and is on the rise, meanwhile the quality of lawyers' practice has incrementally been raised.

Achievements of the judicial reform in the spirit of the Political Bureau's Resolution No. 08-NQ/TW of January 2, 2002, and Resolution No. 49-NQ/TW of June 2,2005, aiming to build a clean, strong, democratic, strict and modernized judicial sector to prefect justice and serve the people have constituted an important ground for the development of the lawyer profession in our country. With judicial reform activities currently performed in an extensive and intensive manner, lawyers are enjoying favorable conditions for more practically participating in the settlement of cases. Procedure-conducting agencies as well as lawyers have seen many positive changes in the performance of their procedural functions on the principle of oral argument at court hearings; the position and role of lawyers in the course of settlement of cases have been more and more promoted.

The process of international integration has created numerous opportunities for the national socio-economic development. However, the duty to fulfill the obligations and realize international commitments of a member of international organizations, especially the World Trade Organization (WTO), has confronted Vietnamese businesses and state agencies with the pressure of a fiercer competition not only in the world market but also in the domestic market. Economic relations and commercial activities have become more and more lively, diversified and complicated. In order to proactively surmount the aforesaid challenges, the development of domestic human resources is an extremely important factor, showing an urgent need for a strategy for development of the contingent of lawyers in response to new requirements and situation.

The strategy for development of the lawyer profession through 2020 has been elaborated with a view to institutionalizing the Party's guidelines and policies on socio-economic development, building of a socialist law-governed state and judicial reforms in the spirit of the Resolution of the XI1'1 Party National Congress, the Political Bureau's Resolution No. 49-NQ/TW of June 2. 2005. (below referred to as Resolution No. 49-NQ/TW) and the Party Secretariat's Directive No. 33-CT7TW of March 30, 2009, on enhancing the Party's leadership over lawyers' organizations and activities, building and developing the contingent of lawyers of sufficient quantity and satisfactory quality and with firm political stuff and professional ethics, to meet requirements of judicial reform and needs of the society, ensuring that more and more lawyers will be conversant with international trade laws and practices, proficient in foreign languages and skills in law practice and possess qualifications equal to those of lawyers in the region and the world.

1. Political and legal bases

On June 2, 2005, the Political Bureau issued Resolution No. 49-NQ/TW on the strategy for judicial reform through 2020, setting forth an important orientation to develop a sufficient contingent of lawyers possessing good political and ethical qualities and professional qualifications to meet the society's higher requirements on quality of lawyers legal services and effectively serve the judicial reform and international integration.

In furtherance of the Political Bureau's Resolution No. 49-NQ/TW, on February 22, 2006, the Central Steering Committee for Judicial Reform issued Plan No. 05-KH/CCTP, launching the elaboration and finalization of plans and programs of sectors for implementation of this Resolution for the 2006-2010 period. On that basis, the Ministry of Justice promulgated on May 26, 2006, the judicial sector's program of action for the 2006-2010 period to implement Resolution No. 49-NQ/TW, on the strategy for judicial reform through 2020, setting forth the task of elaborating a strategy for development of the lawyer profession through 2020.

Institutionalizing Resolution No. 49-NQ/TW, at its 9th session, the XI^th National Assembly passed on June 22, 2006, the Law on Lawyers, marking a stride forward in the process of building and improving the institutions on lawyers in our country and contributing to heightening the role of lawyers and the lawyer profession in the protection of justice and building of a democratic, equal and civilized society.

In addition, following Vietnam's accession to the World Trade Organization, on February 5, 2007, the Party Central Committee of the X^th Congress issued Resolution No. 08-NQ/TW, on a number of major lines and policies for fast and sustainable development of the economy in the context that Vietnam is a member of the World Trade Organization, further affirming that one of the Party and State's major lines and policies is to provide training and retraining for forming and developing a contingent of legal experts and lawyers conversant with international law, proficient in foreign languages and fully capable of participating in international litigations.

On March 30, 2009, the Party Secretariat issued Directive No. 33-CT/TW, on enhancing the Party's leadership over lawyers' organizations and activities, identifying policies and solutions to heighten the position and role of lawyers, assure the mechanism for lawyers to properly discharge their rights, obligations and responsibilities, consolidate lawyers' socio-professional organizations, renew and improve the Party's leadership, and raise the effect and effectiveness of the state management of lawyers' organizations and activities, once again affirming the policy to build and develop the contingent of lawyers in the spirit of the Political Bureau's Resolution No. 49-NQ/TW, with a view to building and developing the contingent of lawyers of sufficient quantity and satisfactory quality and with firm political stuff and professional ethics, ensuring that more and more lawyers will possess professional qualifications equal to those of lawyers in the region and the world.

2. Realities of lawyers' organizations and activities in our country

a/ Achievements

Over the recent lime, the contingent of Vietnamese lawyers has seen a fast development in quantity and quality and shown a higher professionalism in professional practice. At present, there are 62 bar associations in 63 provinces and cities nationwide with a total membership of over 6,250 lawyers and over 3.000 trainee lawyers who are working for nearly 2.750 law-practicing organizations, including around 10 specialized in foreign-involved business, trade and investment. The quality of Vietnamese lawyers, has been gradually improved, initially meeting requirements of professionalization; the numbers and diversity of cases and clients have also increased; the scope of law practice has become wider and wider with fast-growing numbers of overseas clients. The role of lawyers' socio-professional organizations has been gradually promoted and marked with the establishment of the Vietnam Bar Federation on May 12, 2009. Lawyers' professional practice over the recent time has not only satisfied increasing needs of individuals, agencies and organizations for legal aid, thereby actively contributing to protecting the rights and legitimate interests of citizens and effectively serving the judicial reform, but also actively contributed to and helped promote the socio­economic development, building of a socialist law-governed state and international integration.

Regarding the participation in judicial proceedings, according to statistics of 6 years (2005-2010), Vietnamese lawyers had participated in over 85.000 criminal cases, 53,000 civil cases and matters. 3.500 economic cases and matters. 1.500 labor cases and matters and 2.800 administrative cases and mailers, assuring the adherence to the principle of oral argument at court hearings and importantly contributing to performing the central task of the judicial reform.

In legal consultancy, lawyers have provided legal consultancy in over 145.000 cases and other legal services in 50.000 cases. In addition to such traditional fields as criminal, civil, labor. marriage and family laws, lawyers have extended their consultancy to economic, investment and international trade laws. Many lawyers have quickly matured in their practice and taken part in providing consultancy on major commercial contracts and investment projects, achieving good results, satisfying clients and winning their trust and recording credits in the legal service markets in the region and the world. Some law,-practicing organizations have initially built their brands in the domestic and regional markets and become competitive "partners of foreign law-practicing organizations.

Operations of foreign law-practicing organizations and lawyers over the recent time have also positively contributed to creating a legal environment favorable and attractive for foreign investment in Vietnam, forming and developing a legal service market in the country, actively supported business, investment and trade activities, and brought about more chances for Vietnamese lawyers to absorb professional knowledge and improve their organizational level and practice skills up to international standards.

The slate management of lawyers' activities has also recorded many achievements, especially in the elaboration, promulgation and improvement of institutions on lawyers' organizations and activities and their orientation, regulation and development assistance. Lawyers' socio-professional organizations have been built and consolidated with their autonomy initially promoted.

b/ Constraints and weaknesses and their causes

Alongside the aforesaid achievements, lawyers' organizations and activities in our country still see many constraints and weaknesses.

First, the current lawyer-to-population ratio remains too low and the development of the contingent of lawyers still sees a significant imbalance between urban areas and rural areas, delta areas and mountainous areas, midland areas and deep-lying and remote areas with economic difficulties.

At present, the lawyer-to-population ratio in our country is 1/14.000 on average. This ratio in Thailand. Singapore, Japan. France and the United States is 1/1,526, 1/1,000, 1/4,546, 1/ 1,000 and 1/250, respectively. Moreover, in our country, lawyers are practicing largely in major cities, especially Hanoi (1,630 lawyers) and Ho Chi Minh City (2,880 lawyers). Meanwhile, some other localities have too few lawyers, such as Ha Giang, Bac Kan. Kon Turn (5 each), Son La, Dien Bien and Quang Tri (6 each), Hau Giang (7), Cao Bang (9), etc. Some provinces, like Lai Chau, even has fewer than 3 lawyers to establish a bar association. In these localities, the number of lawyers is insufficient to meet the people's need for legal services and even not enough to act as defense counsels in cases requiring participation of lawyers (as appointed).

Second, the quality of lawyers is still limited, failing to meet requirements of the judicial reform, economic development and international integration.

Lawyers who participate in judicial proceedings still lack practicing experience and skills and show a poor sense of observance of professional ethics and discipline, thereby affecting the quality of the settlement of cases and matters in general and quality of oral argument at court hearings in particular. For legal consultancy, the number of lawyers specialized in investment, business and trade laws (intellectual property, finance and banking, aviation, maritime, insurance, international trade, etc.) is too low. accounting for only 1.2% of the total, of whom only some 20 lawyers are on a par with regional lawyers. Over the recent time, in most of international trade disputes. Vietnamese agencies and organizations had to hire foreign lawyers to act as their representatives, attorneys at law and counsels to protect their rights and legitimate interests.

Third, the position and role of lawyers in the society and in judicial proceedings are still limited and not yet properly recognized in line with the Political Bureau's Resolution No. 49/NQ-TW Public awareness about the position and role of lawyers in providing consultancy and legal aid is not yet comprehensive and profound; the need for use of lawyers' legal services is still low. Realities in the past time showed that businesses, due to their improper awareness about lawyers' role in legal aid, have found themselves at a disadvantage and suffered losses in their business operations, especially in join international trade transactions.

Fourth, activities of lawyers and law-practicing organizations have not yet been professional and the number of lawyers who concurrently do other jobs is still high, accounting for over 20%. Small law-practicing organizations with inadequate physical foundations and poor management still account for over 75%. And the number of law practicing organizations specialized in business and trade laws, is too small.

Over the recent time, lawyers have largely participated in judicial proceedings though only around 20% of criminal cases nationwide have been settled with the participation of lawyers. The use of legal consultancy services by agencies, organizations, individuals and businesses is still too far behind the practical need. At present, only around 30% of businesses use legal services provided by lawyers, of which just nearly 20% enter into contracts on regular ser\ ice use.

Clients of lawyers and law-practicing organizations are mostly individuals, accounting for 85%. Clients being businesses, agencies and organizations account for a modest rate of 15%. The number of cases in which lawyers provide legal consultancy and settle international trade-related disputes accounts for an extremely low rate of 0.4%.

Fifth, the role of bar associations in the management of lawyers and law practice still reveals many constraints. Though the newly established Vietnam Bar Federation has fruitfully conducted many operations, initially bringing into play its autonomy, it is still in the process of building and completing its organization and operation methods.

The state management of lawyers still sees shortcomings and the management mechanism remains lax. failing to meet requirements in the new situation. The leadership of Party committees at all levels over the organization and operations of lawyers' socio-professional organizations still reveals constraints.

The aforesaid constraints and weaknesses are attributable to the following substantial causes:

Objective causes:

- Lawyer profession is freelance and lawyers" activities are regulated under the market mechanism and therefore depend on the society's needs. The socio-economic conditions of a developing country, low and unbalanced incomes of the people, inadequate and incomprehensive awareness of state agencies, organizations and people, especially the business community, about the position and role of lawyers, have adversely impacted the development of the lawyer profession in general and the growth of the number of lawyers and the need for lawyers' legal services in particular.

- The judicial reform process has recorded many achievements. However, judicial reforms concerning the organizational models of investigative agencies, courts and procuracies and the procedural process remain uncompleted, affecting the development of the position and role of lawyers in their participation in judicial proceedings. Though the procedural laws have considerably expanded the rights of lawyers in judicial proceedings but still fail to assure their effective participation in all stages of legal proceedings and provide them with practical means and measures to fully discharge their rights and obligations. Still, some procedure-conducting agencies and persons have challenged and obstructed lawyers in their practice, affecting the quality of lawyers' participation in judicial proceedings in particular and the development of the lawyer profession in general.

- The institutions on lawyers" organizations and activities have been incrementally improved but still see some shortcomings and constraints, the revision of the procedural laws remains slow, and no mechanism for coordination among state management agencies, procedure-conducting agencies, related agencies and organizations and lawyers socio-professional organizations at central and local levels in the management of lawyers and law practice has been formulated.

Subjective causes:

- Programs, curricula and methods of training law bachelors, training and practice probation of lawyers still see many constraints, failing to meet requirements of the judicial reform, socio-economic development and international integration. Many lawyers, due to lack of formal training in practice skills and opportunities for professional practice, remain poorly qualified and inexperienced when participating in judicial proceedings or providing legal consultancy. Most lawyers practice law based mainly on their personal experience and know ledge exchanged with their colleagues, lacking professionalism.

- Awareness of a number of state management agencies and lawyers' socio- professional organizations in some localities about the management of lawyers' organizations and activities remains inadequate. Many state management agencies fail to observe the principle of combining state management with autonomy of lawyers socio-professional organizations, while some lawyers' socio- professional organizations have exaggerated their autonomy or sought to evade the state management.

- A portion of lawyers remain inactive in improving their qualifications, practice skills, political and ethical qualities and professional conduct. In addition, some lawyers' socio- professional organizations fail to properly perform their functions, tasks and self- governance autonomy.

3. Forecast of the need of citizens, agencies, organizations and businesses for legal services

In the period of accelerated industrialization and modernization, proactive and active international integration, with the objective of early bringing our country out of the underdevelopment state and turning it into a modernity-oriented industrial nation by 2020, and particularly in the context of the judicial reform, promotion of democracy and materialization of social justice, lawyers' organizations and activities in our country have many opportunities and great prospect.

Over the past 10 years. Vietnam's GDP has grown at an annual average of 7.26%, human development index (HDI) has stood at the average level (130th in the world) and the number of businesses has increased by an annual average of 120-130%, the contingent of lawyers has also grown at an annual average rate of around 110%. By 2020, with the GDP forecast to grow at an annual average rate of 7-8%. the HDI to reach the upper average level in the world (up by 25-30 ranks) and the number of businesses to increase steadily by an annual average of 120-130%, the number of lawyers will increase to 12,000 and 18.000 by 2015 and 2020 respectively.

Given a high growth rate of the national economy and increasing attractiveness to foreign direct investment into the country, Vietnam's commitments upon its accession to the WTO and current legal documents on lawyers have created a more favorable legal framework for lawyers to provide legal services. With the Party's and the State's policies and determination to train lawyers to form and develop a contingent of lawyers conversant with international law. proficient in foreign languages and fully capable of participating in the settlement of international disputes, the Prime Minister issued on January 18, 2010, Decision No. 123/QD-TTg to approve the Scheme on development of the contingent of lawyers to serve international economic integration. This constitutes an important tool to help the legal service market vigorously develop, contributing to boosting the needs for lawyers' legal services and step by step facilitating the active participation of Vietnamese lawyers in the legal service markets in the region and the world.

To meet the requirements of stepping up the judicial reform and building a socialist law-governed state, in the spirit of the Resolution of the XT" Party National Congress and the Political Bureau's Resolution No. 49/NQ-TW on the Strategy for judicial reform through 2020, together with the promulgation of the Law on Administrative Procedures by the XII^th National Assembly on November 24. 2010. the social position and role of lawyers will be affirmed and heightened, especially in the participation in oral argument at court hearings to better guarantee the right of the accused and defendants to self-defense and protect the rights and legitimate interests of litigants and people, contributing to protecting justice and socialist legality.

Legal documents on lawyers and civil procedures, which are being improved in order to better guarantee the rights and legitimate interests of individuals and organizations that enter into transactions, create conditions for involved parties to actively collect evidence to prove and protect their rights and legitimate interests, constitute important legal grounds for further promoting the development of civil relations and contribute to boosting the needs for lawyers legal services. The policy to broaden the court jurisdiction to adjudicate and settle administrative lawsuits and complaints as well as the substantial reform of administrative procedures in judicial agencies and procedures for filing complaints under the law on complaints to increase the people's access to justice and encourage the settlement of disputes through negotiation, conciliation and arbitration have created more and more favorable conditions for lawyers to actively participate in operations of state agencies, thereby bridging the gap between lawyers and citizens, agencies, organizations and businesses. Recently, the number of cases and matters with the participation of lawyers remains low, accounting for only around 20% of the total number of cases and matters settled by the court. With the aforesaid favorable conditions, the rate of cases and matters settled by the court with participation of lawyers and the needs for lawyers' legal services are expected to increase, meeting the development requirements of the society.

Resides, the efforts to create a complete and favorable legal framework have made domestic and foreign businesses feel secure about the investment environment. Thriving investment, business and commercial activities and improved awareness of Vietnamese businesses about the role of lawyers have helped increase markedly the need for legal services. Particularly, on May 5. 2010, the Prime Minister issued Decision No. 585/QD-TTg to approve the Program on inter-sectoral legal aid for businesses during 2010-14, considering the provision of legal assistance by lawyers to businesses an important legal ground to make a substantial progress in businesses' legal awareness and sense and habit of law observance, thereby forming the habit of using lawyers legal services in their organizations and business operations. In 2008, only 46.3% of businesses, largely major economic groups, had a section in charge of legal affairs and around 47.27% of businesses had ever used legal services provided by lawyers. In 2010, the rate of businesses using legal services increased to 67.5% (1.43 times that in 2008). By 2015 and 2020, this rate is expected to reach 85% and 90% respectively.

In the process of deeper and broader economic integration, many businesses have clearly determined their policy to use legal services on the very markets targeted by their business operations, especially complicated markets prone to disputes and complaints, in order to prevent risks. As a result, the need for use of legal consultancy services provided by Vietnamese lawyers and the number of cases are expected to increase with more diversified types of clients when more and more foreign businesses conduct investment, production or business activities in Vietnam and more and more Vietnamese businesses expand their investment, production, business and economic cooperation activities in foreign countries in the region and the world.

Thanks to the national economic development and the improvement of the people's material and spiritual lives and intellectual standards, their legal sense will be substantially improved and their awareness about the effective role of lawyers in the protection of their rights and legitimate interests will become clearer, contributing to protecting justice and building a democratic, equal and civilized society. This leads to the forecast that the people's need for lawyers' legal services will strongly increase in the future.

II. DEVELOPMENT VIEWPOINTS, ORIENTATIONS AND OBJECTIVES

1. Development viewpoints and orientations

a/ To qualitatively and quantitatively develop a contingent of lawyers with steady political stuff and professional ethics to meet judicial reform requirements and the society's needs and effectively implement the XI^th Party Congress's Resolution and the judicial reform strategy, comprehensively accelerating the renewal cause, promoting democracy, developing the economy quickly and sustainably and creating foundations for the country to basically become a modernity-oriented industrial nation by 2020;

b/ To develop the lawyer profession toward professionalism to meet increasing needs for legal services of agencies, organizations, citizens and enterprises: to heighten the position and role of lawyers in policy and law making and supervision of law enforcement and fulfillment of social responsibilities, assuring performance of the function to protect the rights and legitimate interests of citizens, agencies, organizations and enterprises, protecting justice and building a democratic, equal and civilized society:

c/ To develop law practice into a profession together with creating an environment for lawyers' professional services to develop according to international practices; to develop specialized law-practicing organizations with high competitiveness to incrementally secure regional and world legal service market shares;

d/ To develop the lawyer profession sustainably, synchronously, focally and steadily, inheriting gained achievements and selectively learning foreign experiences suitable to the development level of Vietnamese lawyers, socio-economic conditions, cultural traditions and justice system and international practices of the lawyer profession, contributing to developing quality human resources for judicial reform, socio-economic development, and national industrialization and modernization;

e/ To unify the organizational structure of lawyers' socio-professional organizations toward professional operation and management, promotion of their autonomy according to professional ethics rules for lawyers and under the Party's leadership and the State's management: to renew and improve the Party's leadership over lawyers' organizations and activities and management of lawyers and law practice to meet development requirements of the society.

2. Development objectives

a/ General objectives

By 2020, to have 18.000-20.000 lawyers practicing law in specialized legal fields: to raise quality of lawyers and law practice activities, and the position and role of lawyers in judicial proceedings, to step by step develop and expand the legal service market and create foundations for developing Vietnam's lawyer profession to regional and world levels. To develop specialized law-practicing organizations, attaching importance to developing major ones specialized in international trade which can compete with foreign law-practicing organizations. To renew management of lawyers and law practice on the basis of effective state management in combination with promoting the autonomy of lawyers' socio-professional organizations, raising responsibilities of lawyers and assuring mechanisms for lawyers to fully perform their rights and obligations in professional practice. To promote the leadership role of Party organizations in lawyers' socio-professional organizations and law-practicing organizations:

b/ Specific targets

- From now to 2015. to develop around 12.000 lawyers, with 800-1,000 each year, of which each locality with socio-economic difficulties will develop 2-3 lawyers. To develop a contingent of specialized lawyers, attaching importance to intensive training in trade and investment laws, striving for around 1.000 lawyers meeting international integration requirements:

By 2020, to develop around 12.000-20.000 lawyers, reaching the ratio of 1 lawyer to 4.500 people, increasingly meeting the needs for legal services of agencies, organizations, individuals and enterprises. Each locality with socio­economic difficulties will have between 30-50 lawyers for participation in 100% of criminal cases at the request of procedure-conducting agencies. The number of lawyers capable of providing consultancy and settling international trade disputes will be around 150;

- To raise quality of lawyers, to build and develop a contingent of lawyers as a quality-human resource meeting requirements of judicial reform, international integration and socio-economic development and providing qualified lawyers with political stuff and moral quality for judicial and state management titles.

By 2015, to ensure professional training for lawyers according to the standard bachelor-of-law program and law practice training toward regional and global integration: 50% of lawyers will be regularly retrained in professional operations, skills and ethics.

By 2020, 1003 of lawyers will be regularly retrained in professional operations, skills, ethics and conduct by lawyer profession standards: to select qualified lawyers for appointment to judicial and stale management titles.

- To improve quality of the professional practice of lawyers in judicial proceedings and legal advice.

To ensure mechanisms to enable lawyers" participation in all judicial proceedings stages for effective and quality implementation of the principle of oral argument at court hearings. To strive that the number of citizens, agencies, organizations and enterprises using lawyers' consultancy service and settlement of cases and legal matters will increase.

By 2020, to ensure that lawyers will participate in over 50% of criminal cases before court: to strive that over 50% of agencies, organizations and enterprises will use lawyers' consultancy services.

- To develop law practice into the leading professional activity of lawyers in providing professional legal services for the society: to raise lawyers' responsibilities and obligations in providing pro bono legal aid for the poor and policy beneficiaries and in other socio-politied tasks. To develop the legal service market to meet the society's increasing demands and step by step integrate into regional and world legal service markets:

- To increase the number of highly professional and specialized law-practicing organizations meeting the society's needs for legal services; to attach importance to developing a number of major law-practicing organizations specialized in international trade which can compete with foreign ones. To expand the scope of operation and foreign and international law market shares of Vietnamese law-practicing organizations:

To strive to have by 2020 around 30 law-practicing organizations with each having 50-100 lawyers and 100 lawyers or more specialized in foreign-involved investment, business and trade, including around 10 regionally and internationally known and prestigious ones. To have between 5-10 law-practicing organizations operating in localities with socio-economic difficulties;

- To unify the structure and organization of lawyers' socio-professional organizations toward professional operation and management, raising their responsibilities in performing their tasks and powers and promoting their autonomy in their organization and operations. To build and develop the Vietnam Bar Federation into a sole and comprehensively strong socio- professional organization of lawyers and bar associations nationwide.

From now to 2015, to complete and unify the structure and organization of lawyers' socio-professional organizations from central to local levels to ensure effective performance of their tasks and powers under law; to consolidate and strengthen Party organizations in lawyers' socio-professional organizations to assure the Party's leadership in lawyers’ organizations and activities and raise lawyers political stuff and professional ethics.

By 2020, to strive to develop the Vietnam Bar Federation and highly professional bar associations 10 reach the level of regional and world lawyers socio-professional organiza­tions, bringing into the fullest play the autonomy of these organizations.

- To raise effectiveness of the stale management of lawyers and law practice on the principle of stale management and bringing into play the autonomy and independence of lawyers' socio-professional organizations. To assure macro state management which concentrates on the formulation and improvement of institutions to create a complete and consistent legal framework for lawyers' activities and increases the role of orientating, regulating, supporting, inspecting and examining lawyers' organizations and activities. To further improve mechanisms and policies for lawyers lo fully discharge their rights, obligations and responsibilities in professional practice.

III. IMPLEMENTATION SOLUTIONS

1. General solutions:

a/ To further improve the law on lawyers and law practice, serving as a complete legal basis for lawyers" organizations and activities;

b/ To increase public information and raising of awareness of citizens, agencies, organizations and enterprises about the position and role of lawyers in order to promote law practice activities:

c/ To raise quality of lawyer training and retraining: to increase professionalism of lawyers and law-practicing organizations; to increase the role of lawyers’ socio-professional organizations in training and retraining:

d/ To increase the autonomy of lawyers' socio professional organizations in the management of lawyers and law practice activities, ensuring lawyers" observance of the law- and code of professional ethics and conduct:

e/ To formulate and further improve policies on law practice development in order 10 improve quality of lawyers' practice: to ensure lawyers' full performance of their rights, obligations and responsibilities in professional practice:

f/ To increase international exchange, cooperation and experience sharing in organization and operations of lawyers and law practice toward selective absorption and learning for development suitable lo Vietnam's current conditions.

2. Solutions during 2011-2015:

a/ To complete institutions on lawyers and law practice:

- To conduct theoretical research and practical review of the enforcement of the Law on Lawyers and propose amendments and supplements to this Law toward heightening the position and role of lawyers in the society, improving law practice quality, consolidating the position and promoting the role of the Vietnam Bar Federation in policy and law making and management of lawyers and law practice, creating a legal basis for development of lawyers and professional law practice, actively serving the cause of renewal, judicial reform and international integration:

- To conduct theoretical research and practical review of lawyers' organizations and activities in the process of judicial reform, especially in reforming procedure-conducting agencies and judicial proceedings, based on which to recommend and propose amendments and supplements to procedural laws related to the position, role and professional practice of lawyers:

- To formulate and promulgate plans on development of the number of lawyers by region and legal field: to promote public information on the position and role of lawyers; to provide training and retraining to improve quality of lawyers and law practice in judicial proceedings and legal consultancy; to develop major specialized law -practicing organizations to be regionally and internationally known and prestigious; to develop the legal service market, meeting the needs for legal services of individuals, agencies and organizations: to increase the autonomy of lawyers' socio-professional organizations; to raise effect and effectiveness of the state management of lawyers and law practice: to formulate and promulgate the code of professional ethics and conduct of lawyers.

b/ To improve quality of lawyers; to attract resources to participate in law practice; to create sources to supplement lawyers for judicial and state management titles:

- To raise capacity of bachelor of law training, quality of law practice training and quality of trainee lawyers under the national standard program on law practice training toward approaching regional and world advanced training programs, to build Hanoi Law University and Ho Chi Minh City Law University into major law training centers and the Academy of Justice into major centers for judicial training; to establish joint training institutions and train lawyers for international economic integration; to select lawyers for intensive training overseas and encourage lawyers to attend training on their own to meet international integration requirements:

- To increase retraining in professional operations, legal know ledge, professional skills, ethics and conduct, politics and ideology for lawyers; to adopt policies to attract professionally qualified lawyers with political and moral qualities for recruitment and appointment to judicial titles and other positions in state agencies;

- To promulgate policies to attract human resources to participate in law practice, paying attention to bachelors of law or those trained in law practice or recognized as lawyers overseas; to adopt mechanisms for easy and convenient provision of and access to information between citizens, agencies, organizations and enterprises and lawyers' organizations and activities; to adopt incentives for lawyers' organizations and activities in deep-lying and remote areas with socio-economic difficulties.

c/ To consolidate, strengthen, and raise professionalism of, law-practicing organizations toward stable organization and modern and specialized management and administration: to develop a number of major specialized law-practicing organizations especially in international trade:

- To study policies to expand domestic and overseas markets of law-practicing organizations, encouraging and creating conditions for law-practicing organizations to open branches and set up representative offices in the region and the world: to encourage and create conditions for Vietnamese law-practicing organizations to provide legal consultancy and settle disputes in transactions, projects, investment, production and business activities of state enterprises and economic groups:

- To promote and support joint ventures and associations to develop around 10 major Vietnamese law-practicing organizations specialized in investment, business and international trade, which are regionally and internationally known and prestigious and step by step reach regional and international standards.

d/ To improve quality of lawyers' practice: to formulate and complete policies for law practice development, assuring lawyers' full performance of their rights, obligations and responsibilities in professional practice:

- To study and formulate criteria to rank lawyers and other criteria to evaluate quality of law practice, lo build capacity of lawyers and law-practicing organizations, ensuring professionalism to incrementally meet the needs for legal services of individuals, agencies and organizations:

- To adopt policies to stimulate demands for legal services of individuals, agencies, organizations and especially enterprises; to raise the role and responsibilities of lawyers in policy and law making, supervision of law enforcement and provision of legal aid.

e/ To raise the effect and effectiveness of management of lawyers and law practice:

- To renew, consolidate and raise capacity of judicial officers, the apparatus of state management agencies in charge of lawyers and law practice from central to local levels:

- To lake measures to support law practice development: to increase examination, inspection and handling of violations of lawyers organizations and activities; to confer honorable titles and rewards to lawyers and law-practicing organizations: to expand international exchange and cooperation on lawyers and law practice;

- To consolidate and strengthen the structure and organization of lawyers' socio-professional organizations from central to local levels in order to promote the role of the Vietnam Bar Federation and bar associations in managing lawyers and law practice and hold term congresses of bar associations under regulations; to well prepare the organization of the second national congress of lawyers;

- To promulgate internal operation regulations of lawyers' socio-professional organizations and regulations on coordination in the management of lawyers and law practice; to regularly examine and inspect lawyers' observance of the law and code of professional ethics and conduct: to discipline and handle violations committed by lawyers;

- To promote the leadership of Party organizations in lawyers' socio-professional organizations: to increase training and development of Party members in lawyers' socio-professional organizations and law-practicing organizations.

3. Solutions during 2016-2020:

a/ To complete institutions on lawyers and law practice toward professionalizing law practice, especially procedural laws related to law practice to ensure lawyers' full and good performance of their rights, obligations and responsibilities in judicial proceedings; to raise quality of lawyers" oral argument in judicial proceedings; to fully and qualitatively meet the society's needs for legal services:

b/ To further improve quality of lawyer training and retraining; to diversify lawyer training under the national standard program on lawyer profession training; to establish a lawyer profession training institution of the Vietnam Bar Federation; to expand participation of bar associations and law-practicing organizations in lawyer profession training, to promote healthy competition in lawyer profession training: to provide intensive and transferable training; to continue with effective international and regional association in lawyer training for international economic integration; to increase retraining in professional operations, legal knowledge, professional skills, ethics and conduct by lawyers' socio-professional organizations:

c/ To boost development of major law-practicing organizations specialized in investment, business and international trade to reach regional and international standards. To expand the legal service market in Vietnam, to increasingly attract professionally qualified lawyers conversant with international trade laws and practices, proficient in foreign languages and skillful in practicing international laws to work at law-practicing organizations specialized in international trade;

d/ To attach more importance to quality of lawyers' professional practice in order to meet increasing needs for legal services; to complete policies on law practice development; to complete the system of criteria to rank lawyers and evaluate quality of law practice; to increase solutions for developing lawyers' legal services and raising the position, role and responsibilities of lawyers in observing the law and code of professional ethics and conduct; to handle violations of lawyers' organizations and activities; to further build capacity of lawyers and law-practicing organizations to make their operations gradually become a major activity in providing legal services for individuals, agencies, organizations and enterprises;

e/ To raise the effect and effectiveness of management of lawyers and law practice, to raise capacity of state management agencies and judicial officers managing lawyers and law practice: to effectively adhere to the principle of state management associated with autonomy of lawyers' organizations; to further effective cooperation between lawyers and lawyers' organizations of Vietnam and countries in the region and the world to create favorable conditions for Vietnam's international integra­tion in law practice: to raise responsibilities of the Vietnam Bar Federation and provincial-level bar associations for increasing the number of lawyers and assuring quality of lawyers training; to promote the leadership of Party organizations in lawyers' socio-professional organizations and law-practicing organizations: to well prepare the organization of the third national congress of lawyers.

IV. ORGANIZATION OF IMPLEMENTATION

1. Assignment of responsibilities

a/The Ministry of Justice:

- To assume the prime responsibility for. and coordinate with ministries, sectors, localities and the Vietnam Bar Federation in, working out a roadmap and an overall plan to implement the Strategy for development of lawyers through 2020; to formulate plans to implement the Strategy in each period, raise financial and human resources and physical and technical foundations for the Strategy implementation;

- To assume the prime responsibility for, and coordinate with concerned ministries and sectors in. studying and completing mechanisms and policies related to lawyers' organizations and activities; to take measures to guide, examine, supervise and review the Strategy implementation for annual reporting to the Prime Minister;

- To assume the prime responsibility for and coordinate with the Supreme People's Court, the Supreme People's Procuracy, the Ministry of Public Security and other agencies and organizations in. completing procedural laws related to lawyers' professional practice: to attract lawyers for appointment and recruitment to judicial titles and other positions in state agencies: to effectively conduct judicial reform related to the position and role of lawyers in judicial proceedings;

- To assume the prime responsibility for. and coordinate with the Vietnam Bar Federation, concerned ministries, sectors, agencies and organizations in, studying and adopting mechanisms and policies to involve agencies, sectors, organizations, enterprises, lawyers, law-practicing organizations and lawyers" socio-professional organizations in the Strategy implementation.

b/ Concerned ministries and sectors shall, based on their assigned functions and tasks. assume the prime responsibility for. and coordinate with the Ministry of Justice in. formulating plans to perform the tasks and solutions of the Strategy concerning domains and sectors under their management; and annually and periodically summarize implementation results to the Ministry of Justice for sum-up and reporting to the Prime Minister;

c/ The Vietnam Bar Federation shall assume the prime responsibility for, and coordinate with the Ministry of Justice and concerned ministries, sectors, agencies and organizations in, formulating its plan to implement the Strategy to ensure effective implementation of solutions concerning the Federation's responsibilities on the basis of promoting autonomy of lawyers' socio-professional organizations: and regularly examine and report on Strategy implementation results to the Ministry of Justice;

d/ The Ministry of Finance shall ensure allocation of annual state budget funds based on estimates of agencies and organizations responsible for the Strategy implementation under law:

e/ Provincial-level People's Committees shall formulate and promulgate plans to implement the Strategy in their localities in line with their local socio-economic development master plans:

f/ The Vietnam Chamber of Commerce and Industry, business associations, industry-associations and state economic groups shall coordinate with the Ministry of Justice and the Vietnam Bar Federation in implementing the Strategy.

2. Funds for the Strategy implementation

a/ Funds for the Strategy implementation come from the state budget and contributions and supports of domestic and overseas individuals, organizations and enterprises and lawyers" socio-professional organizations,

b/ State budget funds for the Strategy implementation shall be allocated according to budget estimates of agencies and organizations responsible for implementing the Strategy;

c/ Funds for formulating plans to implement the Strategy, disseminating the Strategy contents and for examination, review and other tasks and solutions shall be allocated in annual estimates of ministries, sectors and localities under the law on the state budget.-