LAWYER VS. ATTORNEY DIFFERENCE IN VIETNAM – UNILAW

Summary: This article explores the nuances between the terms “lawyer” and “attorney” in Vietnam, addressing legal definitions, duties, and requirements. Discover how each term is used and understood in Vietnamese law with insights from Unilaw.

Understanding the Terms “Lawyer” and “Attorney” in a Vietnamese Context

In Vietnam, the terms “lawyer” and “attorney” often create confusion among clients and professionals alike. Unlike in many Western countries, where the terms are frequently used interchangeably, Vietnamese law defines the roles, duties, and qualifications of a “lawyer” (luật sư) in specific ways. Exploring the lawyer vs. attorney difference is essential for anyone seeking legal representation or planning to practice law in Vietnam.

What is a Lawyer in Vietnam?

A “lawyer” in Vietnam, or luật sư, is an individual who has obtained the necessary qualifications, passed the bar, and has been granted a license by the Ministry of Justice. According to the Vietnamese Law on Lawyers, lawyers must undergo a 12-month internship, meet ethical standards, and join a local bar association. Lawyers can represent clients in both civil and criminal cases, offer legal advice, and participate in various aspects of legal proceedings.

The Role of Attorneys in Vietnamese Law

In contrast, the term “attorney” does not have an exact equivalent in Vietnam. Instead, “attorney” often refers to a person given power of attorney (ủy quyền) by an individual to act on their behalf in specific legal matters. This delegation does not grant the individual all rights of a lawyer but allows limited authority as specified in a legal agreement. Thus, in Vietnam, understanding the lawyer vs. attorney difference is crucial for legal clarity.

Training and Qualification Differences

To become a lawyer in Vietnam, an individual must complete a bachelor’s degree in law, followed by specialized training at the Judicial Academy and a mandatory internship under a licensed lawyer. This structured pathway, as outlined in TT 10/2021/BTP, ensures the legal profession is reserved for individuals with verified legal expertise. Attorneys or legal representatives under power of attorney, however, do not undergo such rigorous training.

Differences in Legal Authority

When examining the lawyer vs. attorney difference in Vietnam, legal authority stands out. Lawyers, certified by the Ministry of Justice, possess the authority to represent clients in court, draft legal documents, and offer binding legal advice. Attorneys, in the context of power of attorney, hold limited and specific responsibilities and cannot practice law or represent clients in court proceedings unless they are also licensed lawyers.

Functions of a Lawyer vs. Attorney in Vietnam

Vietnamese lawyers have extensive capabilities to provide legal services that include litigation, legal consultation, and mediation. For instance, according to ND 123/2013/CP, lawyers can act as defenders, legal advisors, and representatives in various legal contexts. Attorneys, limited by their power of attorney, can only perform duties explicitly mentioned in the document, usually involving administrative or transactional matters.

Legal Obligations and Ethical Requirements

Vietnamese lawyers operate under strict ethical guidelines regulated by both the Law on Lawyers and the Vietnam Bar Federation. Lawyers must maintain client confidentiality, act with integrity, and avoid conflicts of interest. These obligations are enforced by the Ministry of Justice and the bar associations, ensuring high standards of professional conduct.

Limitations for Attorneys with Power of Attorney

Attorneys or individuals with power of attorney lack the comprehensive oversight that licensed lawyers face. While they are expected to act in the best interest of the individual granting the power, they are not subject to the same level of ethical scrutiny or legal discipline. This further highlights the lawyer vs. attorney difference in Vietnam’s legal system.

Conclusion: Lawyer vs. Attorney Difference in Vietnam

In summary, understanding the lawyer vs. attorney difference in Vietnam helps in navigating the legal system effectively. Lawyers hold significant legal authority, responsibilities, and ethical standards as licensed professionals. Attorneys, or individuals with power of attorney, play a narrower role with restricted legal rights. Knowing the distinction between these roles can guide individuals in making informed decisions when seeking legal assistance in Vietnam.

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