Part 1: Introduction

Legal system is different from a country to country

because of differences in history, socio-political and economic
conditions. In other words, the nature of legal system of a country
depends on the nature of its social system established in law. (Dr.
Phan Thi Lan Huong , Hanoi Law University)
The diversity in the legal traditions of the different
Member States stemming from different histories and cultures
poses a challenge to the integration of ASEAN Law into a local law
curriculum. (Bautista, 2006)
Thus, in this study it is essential to present facts about
Vietnam in order to determine and construct a proper feasible plan
in order for ASEAN integration specifically the practice of law in the
member state possible.
A. Socialist Republic of Vietnam: Country Profile
Officially the Socialist Republic of Vietnam (Cng ha X hi
ch ngha Vit Nam) with an estimated 90.3 million inhabitants as
of 2012, it is the world's 13th-most-populous country, and the
eighth-most-populous Asian country.
Geography
Vietnam is the easternmost country on the Indochina Peninsula
in Southeast Asia. The country is bordered by China to the north,
Laos to the northwest, Cambodia to the Southwest, and the South
China Sea to the east. Its capital city has been Hanoi since the
reunification of North and South Vietnam in 1976.Long and narrow
on a north-south axis, Vietnam is about twice the size of Arizona.
The Mekong River delta lies in the south.
Economy
The economy is much stronger than those of Cambodia, Laos,
and other neighbouring developing countries. Like most

Communist countries around the world, there is a fine balance

between allowing foreign investors and opening up the market.
But in order to cope with other democratic countries.
Vietnam introduced some elements of capitalism which is called
i mi (renovation). The policy has proved highly successful,
with Vietnam recording near 10% growth yearly (except for a brief
interruption during the Asian economic crisis of 1997).
There are also extreme restrictions on foreigners owning
property or attempting to sell. It is very difficult for them to trade
without negotiating 'fees'. Business can be done via local
partnerships with all the attendant risks.
According to government estimates Vietnam sees 3.3m
tourist arrivals each year. Vietnam has a return rate of just 5%
compared to Thailands whopping 50%. It is becoming a major
manufacturing centre; it is the second biggest supplier of clothes to
the US.
Traditional Culture, Beliefs, and Religions
Vietnam includes 54 ethnic groups which have different
traditional cultures, beliefs, and religions. Buddhism is identified as
the main religion in Vietnam and influenced by Confucianism. The law
making and law enforcement system at present are crucial influenced
by Confucianism and Buddhism religion.
Vietnamese culture is said to be a rich fabric of Confucianism
and Buddhism. Most notably, Confucian values brought in from China
exerted a profound influence on the way of thinking and practices of a
large population. They advocated traditional moral principles (such as
virtue and sentiment versus rule and reason) and hierarchical
practices. Legal rules were subordinated to moral and pragmatic
expediencies.

Historical Timelime
Small Vietnamese kingdom of Au Lac, located in the heart
of the Red River valley, was founded by a line of legendary
kings who had ruled over the ancient kingdom of Van Lang for
thousands of years.
the early peoples of the Red River delta area may have
been among the first East Asians to practice agriculture, and by
the 1st century BC they had achieved a relatively advanced
level of Bronze Age civilization.
the first ruler of Vietnam was Hung Vuong, who founded
the nation in 2879 B.C. China ruled the nation then known as
Nam Viet as a vassal state from 111 B.C. until the 15th century,
an era of nationalistic expansion, when Cambodians were
pushed out of the southern area of what is now Vietnam.
Vietnam's history is one of war, colonisation and rebellion.
Occupied by China no fewer than four times, the Vietnamese
managed to fight off the invaders just as often. Even during the
periods in history when Vietnam was independent, it was mostly
a tributary state to China until the French colonisation.
Vietnam's last emperors were the Nguyn Dynasty, who ruled
from their capital at Hue from 1802 to 1945,
Chinese Influence
In 221 BC - the Ch'in dynasty in China completed its
conquest of neighbouring states and became the first to rule
over a united China.In the wreckage of the empire, the Chinese
commander in the south built his own kingdom of Nam Viet
(South Viet).
Chinese rulers attempted to integrate Vietnam politically
and culturally into the Han Empire. Chinese administrators were
imported to replace the local landed nobility.
Political institutions patterned after the Chinese model
were imposed, and Confucianism became the official
ideology. Confucianism formed the basis of Vietnamese social
etiquette

The Chinese language was introduced as the medium of

official and literary expression, and Chinese ideographs were
adopted as the written form for the Vietnamese spoken
language. Chinese art, architecture, and music exercised a
powerful impact on their Vietnamese counterparts.
Trung sisters led an uprising against foreign rule. The
revolt was briefly successful, and the older sister, Trung Trac,
established herself as ruler of an independent state. Chinese
armies returned to the attack, however, and in AD 43 Vietnam
were reconquered.
European Exploration
Centuries later, the Portuguese were the first Europeans
to enter the area. France established its influence early in the
19th century, and within 80 years it conquered the three regions
into which the country was then dividedCochin-China in the
south, Annam in the central region, and Tonkin in the north.
France exploited the succession crisis after the fall of T
c to de facto colonise Vietnam after 1884.Were the French
left a lasting imprint on Vietnamese cuisine.
The Communist Viet Minh under the leadership of H Ch
Minh continued the insurgency against the French, with the last
Emperor Bao Dai abdicating in 1945 and a proclamation of
independence following soon after.The majority of French had
left by 1945, but in 1946 they returned to continue the fight until
their decisive defeat at Dien Bien Phu in 1954.
The Geneva Conference partitioned the country into two
at 17th parallel, with a Communist-led North and Ngo Dinh
Diem declaring himself President of the Republic of Vietnam in
the South.
Vietnam War

US economic and military aid to South Vietnam grew

through the 1960s in an attempt to bolster the Southern
Vietnam government, escalating into the dispatch of 500,000
American troops in 1966.
On April 30, 1975, a North Vietnamese tank drove into the
South's Presidential Palace in Ho Chi Minh City and the war
ended. An estimated 3 million Vietnamese and over 55
thousand Americans were killed.
1976- Present
In the aftermath of the war, under L Dun's
administration, the government embarked on a mass campaign
of collectivization of farms and factories. This caused an
economic collapse and resulted in triple-digit inflation.
Reconstruction of the war-ravaged country was slow, and
serious humanitarian and economic problems confronted the
communist regime.
Government and Politics
Political Culture
Vietnam is a one party authoritarian (single-party socialist
republic framework) state.
Vietnam's political culture has been determined by a
number of factors of which communism is but the latest. The
country's political tradition is one of applying borrowed ideas to
indigenous conditions. In many ways, Marxism-Leninism simply
represents a new language in which to express old but
consistent cultural orientations and inclinations. Vietnam's
political processes, therefore, incorporate as much from the
national mythology as from the pragmatic concerns engendered
by current issues.
President

The President is the Head of State wherein executive power is

exercised by the government and the President of Vietnam. He
is elected by the National Assembly which He has a 5 years
term and is not limited by the Constitution to a maximum
tenure.
Vice President is proposed by the President and elected
by the National Assembly from among NA deputies; The Vice
President assists the President and may be authorized by the
President to do some tasks or functions as the acting President.
The Prime Minister
Is the Head of Government which wields the most
authority in government. Legislative power is vested in the
National Assembly of Vietnam.
The
government
(Vietnamese: Chnh ph), the main executive state power of
Vietnam, is headed by the Prime Minister. The Prime Minister,
who has several Deputy Prime Ministers and several ministers
in charge of particular activities.The government is a unified
administration responsible for the implementation of political,
economic, cultural, social, national defence, security and
external activities of the state.The Prime Minister of the
Socialist Republic is elected or dismissed by the National
Assembly, at the request of the president.
The Deputy Prime Ministers are approved by the National
Assembly at the Prime Ministers request. They function as the
assistants to the Prime Minister and may be authorized by the
Prime Minister in the case of the latters absence.Ministers and
heads of the ministerial-level agencies are approved by the
National Assembly at the Prime Ministers proposal. They are in
charge of State management over their assigned branches or
affairs.

National Assembly

The Vietnamese legislature is the unicameral. The

parliament adopted the current Constitution of Vietnam, its
fourth, on 15 April 1992, and it has been amended once since
then. The National Assembly has 500 members, elected by
popular vote to serve four-year terms. The legislature is,
according to the constitution, the highest organ of the state.
Deputies (members) of the National Assembly are elected
through secret ballots in democratic elections which are held
every fifth year. Standing Committee consists of the chairman,
deputy chairmen and other members; these members are
elected by the National Assembly. Standing Committee
members cannot simultaneously be members of the
Government. Members work on a full-time basis, and their
terms of office correspond with the term of the National
Assembly. There are seven committees of the National
Assembly. Committee membership is determined by the
National Assembly. They are responsible for the studying and
examination of bills, legislative initiatives, drafts of ordinances
and other drafts of legal documents and reports assigned by
the National Assembly or the Standing Committee. The
committees provide the National Assembly and its Standing
Committee with their opinions on the legislative programme.
The committees supervise and conduct investigations within
their respective competency and exercise powers which are
stipulated by law.
Judiciary
The Vietnamese judicial system is based upon
Socialist legality. The Supreme People's Court (Vietnamese:
Ta n Nhn dn Ti cao) is the highest court of appeal in
Vietnam. The Supreme Peoples Court consists of the Chief
Judge, Deputy Chief Judge, jurors and court secretaries.

The structure: Council of Judges, Commission of

Judges, Central Military Court, Criminal Court, Civil Court,
Appeal Court, and assisting staff.
The National Assembly elects and dismisses the Chief
Judge of the Supreme Peoples Court. The State President
nominates/dismisses Deputy Chief Judge and judges at the
Chief Judges request. The Peoples Jurors are introduced
by the Central Committee of the Vit Nam Fatherland Front
and appointed by the National Assembly Standing
Committee.
Main operating principles of courts: during the
hearings, the judges and jurors are independent and only
obey the laws. Justice and democracy are ensured by the
open hearing process, in which jurors play an essential role;
defendants have the right to defend themselves, or to hire
lawyers. They also have the right to use their native
languages in courts.
There are other specialised courts in Vietnam,
including the Central Military Court, the Criminal Court, the
Civil Court and the Appeal Court. The Supreme People's
Procuracy observes the implementation of state organs and
makes sure that Vietnamese citizens follow the law.
Legal Framework
The current constitution was adopted on 15 April 1992
by the National Assembly of Vietnam. There have been three
other constitutions in Vietnamese history: the 1946, 1959
and 1980 constitutions. The current constitution has been
amended once, during the 10th session of the National
Assembly on 25 December 2001. The Communist Party of
Vietnam, the leading non-State organ, operates in
accordance with the laws. Government powers in Vietnam

are divided into legislative, executive and judiciary powers.

Vietnam's legal system is based upon socialist legality
according to Article 12 of the constitution.
Electoral Process
Article 6 of the Constitution states that "The people
make use of state power through the agency of the National
Assembly and the People's Councils, which represent the
will and aspirations of the people, are elected by them and
responsible to them". Deputies (members) of the National
Assembly are directly elected on a democratic basis through
secret ballots.
All citizens who are 18 or older, regardless of ethnic
group, gender, social position, belief, religion, level of
education, occupation or length of residency have the right
to vote, the exceptions being the mentally disabled and
those people who have been deprived of the right to vote by
law. People aged 21 or older have the right to stand as a
candidate at elections.
Three election commissions have been established to
manage elections; at the central level is the Election Council,
at the provincial level and in centrally-run cities the Election
Committee is responsible for election monitoring and the
Election Commission is responsible for election monitoring at
constituencies.
Local Government
Provinces and municipalities are subdivided into towns,
districts and villages. Provinces and municipalities are
centrally controlled by the national government. Towns,
districts and villages are locally accountable to some degree
through elected peoples councils. Certain cities and
provinces are under direct control of the central
government.

The provinces are divided into districts, provincial cities

and towns; cities under direct rule are divided into towns,
urban and rural districts. In turn, the district is divided into
communes and townlets. In the provinces, the People's
Council is the "local organ of State power", and it represents
the "aspirations, and mastery of the people". 58 provinces,
There are also five municipalities, which are administratively
on the same level as provinces.
Foreign Policy and Foreign Relations
Vietnam (now Socialist Republic of Vietnam) has
diplomatic relationship with 180 nations all over the world,
included permanent members of United Nations Security
Council.
Reconstruction of the war-ravaged country was slow, and
serious humanitarian and economic problems confronted the
communist regime.
Vietnam's foreign policy: Implement consistently the
foreign policy line of independence, self-reliance, peace,
cooperation and development; the foreign policy of openness
and diversification and multilateralization of international
relations. Proactively and actively engage in international
economic integration while expanding international cooperation
in other fields. Vietnam is a friend and reliable partner of all
countries in the international community, actively taking part in
international and regional cooperation processes. Deepen,
stabilize and sustain the established international relations.
Develop relations with countries and territories in the world and
international organizations in the principles of respect for each
other's independence, sovereignty and territorial integrity, noninterference in each other's international affairs; non-use or
threat of force; settlement of disagreements and disputes by
means of peaceful negotiations; mutual respect, equality and
mutual benefit.

B. OVERVIEW OF THE VIETNAMESE LEGAL SYSTEM

Vietnamese legal philosophy and development
Vietnam is a socialist country under the leading of
Communist Party; therefore, the current legal system of
Vietnam has its own history and tradition (Institute of
Developing Economies, 2003). The presentation of Legal
philosophy is essential in determining how Vietnam legal
system works and how it would fit in with other ASEAN nations.
In general, Vietnamese legal ideologies were under
influenced by various legal ideologies and can be divided into
four periods such as: feudal legal system; French colonialist;
Soviet Union legal traditional; and the legal system in period of
integration and globalization. However, this study only focuses
on the legal system from 1975 up to present because the
current legal system of Vietnam has significantly changed since
introducing Doimoi (means renovation which was previously
discussed in the previous sub part of this study) in 1986.
The current legal system of Vietnam is based on the
ideologies of the former Soviet Union. Soviets legal system is
based on the civil law system together with modifications from
Marxist-Leninist ideology. Vietnam relied deeply on the support
of Soviet Union during the war and after reunification in 1975;
therefore, the 1980 Constitution was drafted basing on the
constitution of Soviet Union as a significant example for
reference.

The 1980 Constitution was a mirror image of a Soviet

Union style constitution. It explicitly stated, The Socialist
Republic of Vietnam is a state of proletarian dictatorship (Art.
2). Further, it speaks of the collective mastery of the working
class, the collective peasantry and the socialist intelligentsia
(Art. 3). For the first time the Constitution contained a provision
on the role of the Communist Party of Vietnam as the only
political party (Art. 4). The party was only limited insofar as its
organizations [were to] operate within the framework of the
Constitution (Art. 4, Par. 3).
The legal system of Vietnam was formed gradually under
the leadership of Communist Party and democratic centralism
principle. The legal system is formed under the principle of
socialist legality (phap che xa hoi chu nghia) and democratic
centralism (tap trung dan chu).
These principles shape the nature of legislation in
Vietnam. Although National Assembly is vested legislative
power but executive organs have played important role in
legislation. Hence, sources of law and interpretation are
different from rule of law state. The legal ideologies that
provide the foundation for the establishment and operation of
Vietnamese legal institutions significantly differ from those of
rule-of-law systems. Under democratic central principle, there
is no separation of state power. All three state braches have
involved in legislation. Hence, the concept of law refers to

various types of legislation issued by competent agencies in

written forms.
In addition, Communist Party has played leading role in
all aspects therefore legal system is under influences of Partys
policies. Therefore, law cannot conflict with Partys policies. It
becomes one of a condition of legal validity in Vietnam that is
also different from other countries.
Socio-economic conditions have affected significantly on
legal system. Legal system must respond to the changes of
socio-economic conditions.
The 1992 Constitution replaced for the 1980 Constitution
with the main focus on the open market under socialist oriented
economy. The rule of law, clearly distribution of state functions
(legislative, executive and judicial functions) was mentioned as
the target of legal reform in Vietnam.
In 1995, Vietnam aimed at bringing national legal system
up to level required by WTO member. Therefore, all legal
sectors have been reformed basing on the international trade
rules. For example, Vietnam established the Administrative
Court was established in 1996 and adopted Law on
Administrative Complain and Denunciation in 1998 in order to
meet a requirement of WTO.
Communist Party issued Resolution No 48: Strategy for
the Development and Improvement of Vietnams Legal System
to the Year 2010 and Direction for the Period up to 2020. This

strategy calls for a modern transition to the rule of law and a

market-based economy, and lays out a strategy to develop
Vietnams laws as well as improve their application and
execution by 2020.
In progress of building rule of law state and democratic
society, especially since became a middle-income country.
Vietnam introduced a Master Plan on Administrative Reform
period 2011-2013 with the aim at building up an effective,
efficient, transparent, and strong administrative system from
central to local level. Hence, the 1992 Constitution was
amended in 2013 as a significant effort in reforming process.
Currently, Vietnam has carried out reviewing all legal
documents and has planned to promulgate new Laws in order
to ensure that legal documents comply with the 2013
Constitution.
Sources of Law
Discussing the sources of law of Vietnam in this study
plays a crucial factor in building a plan that would make the
ASEAN integration specifically the practice of law in ASEAN
nations feasible.
Sources of law in Vietnam is defined as all
fundamental/basic elements used by authorized entities for
developing, promulgating, interpreting a laws as well as for
applying in dealing with a specific case in practices. Sources
of law are divided into two major types: 1) Partys Policy;
Economic Policies; and Legal Phylosophy (nguon noi dung) are
fundamental elements shape the nature of legal system (refers

to natural sources of law); 2) general legal principles; the written

legal documents; international treaties; customary regulations;
and judicial decisions (nguon hon hop) are fundamental
elements for interpretation and application of laws in practice
(refers to statutory sources of law).
Legal documents are the main sources of law:
Vietnam has a civil law system; therefore sources of law
include mainly written laws. Law refers to various types of
legislation; therefore sources of law included many types of
legal document issued by competent agencies as prescribed by
Law on Laws 2008. The sources of law include the following
documents (Article 2, Law on Laws 2008)
1.
Constitution, laws and resolutions of the National
Assembly.
2.
Ordinances and resolutions of the Standing Committee of
the National Assembly.
3.

Orders and decisions of the State President.

4.

Decrees of the Government.

5.

Decisions of the Prime Minister.

6.
Resolutions of the Justices Council of the Supreme
Peoples Court and circulars of the Chief Justice of the
Supreme Peoples Court.
7.
Circulars of the President of the Supreme Peoples
Procuracy.
8.
Circulars of Ministers or Heads of Ministry-equivalent
Agencies.
9.

Decisions of the State Auditor General.

10. Joint resolutions of the Standing Committee of the

National Assembly or the Government and the central offices of
socio-political organizations.
11.
Joint circulars of the Chief Justice of the Supreme
Peoples Court and the President of the Supreme Peoples
Procuracy; those of Ministers or Heads of Ministry-equivalent
Agencies and the Chief Justice of the Supreme Peoples Court,
the President of the Supreme Peoples Procuracy; those of
Ministers or Heads of Ministry-equivalent Agencies.
12. Legal documents of Peoples Councils and Peoples
Committees.
The sources of law include 12 legal documents which are
formed hierarchical legal validity in principle. The Constitution
has the highest legal validity in national legal system. All legal
documents must be consistent with Constitution and legal
documents issued by the higher state organs. If a legal
document issued by the lower state organ is inconsistent with
Constitution and legal document issued by higher state organs,
the higher state organ will hold power to suspend it.
Judicial precedents
In principle, judicial precedents are not defined as a
source of law. However, Supreme Court has published material
on the way it has dealt with cases and involved in training
judges in interpreting laws. Supreme Court holds power to
issue circular for providing guidelines on implementation of
particular law for lower court. This circular is defined as a
source of law.
There is no doctrine of binding precedent, although as a
matter of practice, the Peoples Courts must follow the Supreme
Courts guidelines produced in the form of resolutions or

conclusion reports, which have binding effect upon not only

inferior courts, but also government authorities.

International treaties/Conventions
To be a source of law, international treaties/conventions
must be ratified by Vietnam. International treaties/conventions
become sources of law if they are applied directly or indirectly in
dealing with specific case in Vietnam. In general, Vietnam often
interprets international treaties into domestic laws as a way of
implementation international treaties in Vietnam. For example,
Law on anti-corruption of Vietnam in 2009 interprets regulations
of UNCAC.
Customary regulations
In principle, customary regulation is not a source of law.
However, customary regulations will be adopted as a source of
law if they are used to deal with specific case in reality. Vietnam
defines customary regulations as a source of law in some legal
documents. For example, Article 3, Civil Code defines that: In
cases where it is neither provided for by law nor agreed upon
by the parties, customary regulations can be applied; if
customary regulations are unavailable, analogy of law may be
applied. Customary regulations and analogy of law must not
contravene the principles provided in this Code
In brief, sources of law in Vietnam include mainly legal
documents issued by competent agencies as prescribed by
Law on Laws 2008. However, legal system still remains many
problems such as contradictory, loophole, overlap because of
lacking an effective channel for constitutional review.
Government and Ministries hold power to interpret Laws
adopted by National Assembly and have played important role
in legislation. This mechanism ensures legal system respond

quickly to the changes of socio-economy but also raises many

challenges to process of reforming legal system in Vietnam.
The court system
The court system of Vietnam is hierarchical including the
Supreme Peoples Court, Provincial Peoples Courts and
District Peoples Courts. Constitution 2013, Article 102 provides
that:
1.
The peoples courts are the judicial organ of the Socialist
Republic of Vietnam, exercising the judicial power.
2.
The peoples courts comprise the Supreme People's
Court and other courts established by law.
3.
The peoples courts are responsible for the protection of
justice, human rights, citizens rights, socialist regime, interests of the
State, and legal rights and interests of organizations and individuals.
The Supreme People's Court is the highest judicial organ of the
Socialist Republic of Vietnam. The term of the President of the
Supreme Peoples Court is consistent with the term of the National
Assembly (5 years). The President of the Supreme People's Court is
responsible and makes his reports to the National Assembly and,
when the latter is not in session, to its Standing Committee and to the
State President. Vietnam has six types of courts namely the
Administrative, Labor, Civil, Criminal, and Economic Courts; the
Military Court is established for dealing with military crimes. The
Supreme Peoples Court holds power to re-adjudicate appealed
cases that have been sent from Provincial Court.
Provincial Court is established in each province of Vietnam
(currently Vietnam has 63 provincial court). The provincial court deals
with appeal for District cases and other cases as prescribed by law.
District Court is almost established in every district. District
court initially deals with civil, economic, labor, administrative and

criminal cases (first-instance cases). District court include one chief

justice, one or two deputy chief justice; judges, jurors, and clerks.
Vietnam adopts the system of two-instance trials. If a party
does not agree with judgment of the first-instance court, she/he may
appeal to the second-instance court for further trial. The decision of
the second instance court is the final and must be enforced. The
jurisdiction of court is determined by territory, level of trial and the
nature of case in question.
Chief Justice of the Supreme Peoples Court exercises the
power to appoint judges of the lower courts based on lists of
preferred appointment submitted by Judicial Selection Council at the
relevant level (Article 27, 28 Ordinance on Judges and Jurors of
Peoples Court 2002).

Part 2: Requirements for the admission to the bar of Vietnam

Legal training is also influenced by legal traditional and socio-political

conditions. After reunification, the first legal training institution was
established therefore Vietnam does not have long tradition of law teaching.
During centrally-planned economy, legal training was influenced
significantly by Soviet thinking, which is considered as irrelevant to new
socio-economic conditions in Vietnam. (Huong)
Lawyers
Law on Lawyers of Vietnam defines that: Lawyers are persons who
fully the meet the criteria and conditions for professional practice under the
provisions of this Law and provide legal services at the request of
individuals, agencies or organizations (hereinafter collectively referred to as
clients) (Article 2).
Law on Lawyer was adopted in 2006, which provided working conditions of
lawyers in Vietnam. This law was revised in 2012. Criteria of lawyers are
defined by Article 10 (Law on Lawyers 2006) as follows:
Article 10. - Criteria of lawyers
Vietnamese citizens who are loyal to the Fatherland, observe the
Constitution and law, have good moral qualities, possess a law bachelor
diploma, have been trained in legal profession, have gone through the
probation of legal profession and have good health for law practice may
become lawyers.
Article 11. - Conditions for law practice
A person who meets all the criteria specified in Article 10 of this Law, if
wishing to practice law, must possess a law practice certificate and join a
bar association.

I.

Vietnamese citizens
Who are Vietnamese citizens? These provisions of the Law on the
Vietnamese Nationality will enumerate who are Vietnamese citizens are
the following:
Article I
Vietnamese nationality reflects the cohesive relationship
between individuals and the State of the Socialist Republic of
Vietnam, giving rise to rights and obligations of Vietnamese citizens
toward the State and rights and responsibilities of the State of the
Socialist Republic of Vietnam toward Vietnamese citizens.
Article 4
The State of the Socialist Republic of Vietnam recognizes that
Vietnamese citizens have a single nationality, Vietnamese nationality,
unless it is otherwise provided for by this Law.
Article 5 Paragraph (1)
Persons who hold Vietnamese nationality are Vietnamese
citizens.
Article 13. Persons having Vietnamese nationality
1. Persons having Vietnamese nationality include those who
have Vietnamese nationality by the effective date of this Law and
those who acquire Vietnamese nationality under this Law.
2. Overseas Vietnamese who have not yet lost Vietnamese
nationality as prescribed by Vietnamese law before the effective date
of this Law may retain their Vietnamese nationality and within 5 years
after the effective date of this Law, shall make registration with
overseas Vietnamese representative missions to retain Vietnamese
nationality.

The Government shall specify the order of and procedures for

registration for retention of Vietnamese nationality.
Article 14. Grounds for identification of persons having Vietnamese
nationality
A person is determined to have Vietnamese nationality on one
of the following grounds:
1. By birth, as prescribed in Articles 15, 16 and 17 of this Law;
Article 15
A child born inside or outside the Vietnamese territory whose
parents, at the time of his/her birth, are both Vietnamese citizens
has Vietnamese nationality.
Article 16.
1. A child born inside or outside the Vietnamese territory either of
whose parents is a Vietnamese citizen and the other is a stateless
person at the time of his/her birth or whose mother, at the time of
his/her birth, is a Vietnamese citizen and whose father is
unknown, has Vietnamese nationality.
2.A child either of whose parents is a Vietnamese citizen at the
time of his/her birth and the other is a foreign national has the
Vietnamese nationality if so agreed in writing by his/her parents at
the time of birth registration. In case a child is born in the
Vietnamese territory but his/her parents fail to reach an agreement
on the selection of his/her nationality, the child has Vietnamese
nationality.
Article 17.
1. A child born in the Vietnamese territory whose parents, at the
time of his/her birth, are both stateless persons with a permanent
residence in Vietnam has Vietnamese nationality.

2. A child born in the Vietnamese territory whose mother, at the

time of his/her birth, is a stateless person with a permanent
residence in Vietnam and whose father is unknown, has
Vietnamese nationality.
2. Having been naturalized in Vietnam;
3. Having Vietnamese nationality restored;
4. on the grounds defined in Articles 18, 35 and 37 of this Law;
Article 18. The nationality of abandoned newborns and children
found in the Vietnamese territory
1. Abandoned newborns and children found in the Vietnamese
territory whose parents are unknown, have Vietnamese
nationality.
2. A child specified in Clause 1 of this Article who is aged under
full 15 years will no longer have Vietnamese nationality in the
following cases:
a/ He/she has found his/her parents who hold single foreign
nationality;
b/ He/she has found his/her mother or father who holds single
foreign nationality.
Article 35. Nationality of minor children upon their parents
naturalization in Vietnam, restoration or renunciation of
Vietnamese nationality
1. When the nationality of the parents changes as a results of
naturalization in Vietnam, restoration or renunciation of
Vietnamese nationality, the nationality of the minor child who is
living with his/her parents will be changed accordingly.
2. When only one parent is permitted for naturalization in
Vietnam, restoration or renunciation of Vietnamese nationality,

the minor child who is living with that person will acquire
Vietnamese nationality or lose his/her Vietnamese nationality, if
so agreed in writing by his/her parents.
In case a parent is permitted for naturalization in Vietnam or
restoration of Vietnamese nationality, the minor child who is
living with that person will also acquire Vietnamese nationality,
if his/her parents fail to reach a written agreement on the
retention of their childs foreign nationality.
3. Change of the nationality of persons aged between full 15
and under 18 years under Clauses 1 and 2, this Article, is
subject to these persons consent.
Article 37. Nationality of adopted minor children
1. A child who is a Vietnamese citizen and adopted by a
foreigner will retain his/her Vietnamese nationality.
2. A child who is a foreign national and adopted by a
Vietnamese citizen will acquire Vietnamese nationality from the
date a competent Vietnamese agency approves the adoption.
3. A child who is a foreign national and adopted by parents one
of whom is a Vietnamese citizen and the other is a foreign
national may be permitted for naturalization in Vietnam
according to the application for Vietnamese nationality filed by
his/ her adoptive parents and is exempt from conditions
prescribed in Clause 1, Article 19 of this Law.
4. Change of the nationality of adopted children aged between
full 15 and under 18 years is subject to these persons consent.
5. On the grounds defined in treaties to which the Socialist Republic
of Vietnam is a contracting party.
Compared to the requirements of the Philippines there is
no such provision like Article 14 paragraph 5 on the Law of
Nationality of Vietnam which can consider other foreign persons to

acquire Vietnamese nationality. Given that they are Vietnamese

nationals they are also Vietnamese citizen because of the
Nationality Principle which makes Vietnamese nationals to be a
Vietnamese citizen also.

II.
III.

Demonstrate loyalty to the motherland and the Constitution of the

Socialist Republic of Vietnam;
Observe the Constitution and law;
Requirement two and three is the same in the Philippines
where a lawyers obligation is to uphold the constitution which is the
fundamental law of the land.

IV.

Have good moral qualities;

Requirement 4 is also a requirement in the admission to the Bar
in the Philippines.

V.

Possess a law bachelor degree;

Requirement 5 is also present in the requirements for
admission to the BAR in the Philippines because legal
education is very vital in the practice of law.

VI.

Have been trained in legal profession;

Article 12 - Lawyer training (Law on Lawyers of Vietnam)
1. A person who possesses a law bachelor diploma may register to
participate in a lawyer-training course at a lawyer-training
establishment.
2. The lawyer-training duration is six months.

A person who completes the lawyer-training program shall be granted

a graduation certificate by the concerned lawyer-training
establishment.
3. The Justice Minister shall provide a framework program for lawyer
training and the recognition of lawyer training overseas.
4. The Government shall provide for lawyer-training establishments.
VII.

Have gone through the probation of legal profession;

Article 14- Law practice probation (Law on Lawyers)
1. Persons who possess lawyer-training certificates may take
probation at law-practicing organizations.
Unless it is reduced according to the provisions of Clauses 2 and 3,
Article 16 of this Law, the law practice probation lasts 18 months. The
probation duration is counted from the date of probation registration
at a bar association.
Law-practicing organizations shall
probationers in the practice of law.

assign

lawyers

to

guide

2. Law probationers shall register their probation with the bar

associations of localities where law-practicing organizations in which
they are taking probation are based.
Bar associations shall oversee the observance of the Regulation on
law practice probation.
3. Law probationers may assist instructing lawyers in professional
activities; must neither accept nor provide legal services for clients.
4. Upon the expiration of the probation period, instructing lawyers
shall give written comments on probation results of probationers and

send those comments to the bar associations where they register

their probation.
5. The law-practice probation shall comply with the relevant
Regulation promulgated jointly by the Justice Ministry and the
national lawyers' organization.

Requirement five and six are not required in the Philippines because our
legal education and preparation focuses in passing the Bar which connotes
that if you passed the BAR you have all the faculties needed in order for
you to competently practice Law.
VIII.

Have good health for law practice

In general, to practice law, lawyers must be licensed by Bar Association if

he/she meets the following conditions:
A lawyer training course lasting 12 months which is certificated by the
Vietnam Judicial Academy;
A 12 month practical training at any law firm;
They must pass the national exams and get the lawyer practicing
certificate issued by the Ministry of Justice.
Article 17. - Grant of law practice certificates
1. Persons who pass law practice-probation tests shall file dossiers of
application for law practice certificates with the managing boards of
the bar associations where they register their probation. A dossier of
application for such a certificate comprises:
a/ An application for a law practice certificate;
b/ A curriculum vitae;
c/ A judicial record card;

d/ A copy of the law bachelor or master diploma;

e/ A copy of the lawyer-training certificate or paper evidencing the
lawyer-training exemption according to the provisions of Clause 4,
Article 13 of this Law;
f/ A copy of the law practice-probation certificate;
g/ A health certificate.
Within 7 working days after receiving a complete dossier, the
managing board of the concerned bar association shall send,
together with the dossier, a written proposal for the grant of a law
practice certificate to the Justice Ministry.
2. Persons entitled to lawyer-training and law practice probation
exemption shall file dossiers of application for law practice certificates
with the Justice Ministry. Such a dossier comprises:
a/ An application for a law practice certificate;
b/ A curriculum vitae;
c/ A judicial record card;
d/ A copy of the law bachelor, master or doctorate diploma;
e/ Papers evidencing the lawyer-training exemption under the
provisions of Clauses 1, 2 and 3, Article 13 and law practice
probation exemption under the provisions of Clause 1, Article 16, of
this Law;
f/ A health certificate.
3. Within 30 days after receiving complete dossiers of application for
law practice certificates, the Justice Minister shall grant such
certificates; in case of refusal, he/she shall notify the applicants and

the managing boards of concerned bar associations thereof in

writing, clearly stating the reasons therefor.
If their applications for law practice certificates are rejected, the
applicants may lodge complaints in accordance with law.
4. Persons falling in one of the following cases are not granted law
practice certificates:
a/ Working as cadres, officials or civil servants; as officers,
professional personnel or defense workers agencies or units of the
people's army; as commanding or professional officers or noncommissioned officers in agencies or units of the people's security
forces;
b/ Not permanently residing in Vietnam;
c/ Being examined for penal liability; having been sentenced for
unintentional crimes or less serious intentional crimes and their
criminal records have not yet been remitted; having been sentenced
for serious, very serious or particularly serious intentional crimes;
d/ Being confined to a medical treatment establishment or
reformatory as an administrative sanctioning measure or to
administrative probation;
e/ Having lost their civil act capacity or having a restricted civil act
capacity;
f/ The persons defined at Point a of this Clause who have been
dismissed for under three years, counting from the date the dismissal
decision takes effect.
The Bar association of the area in which the lawyer practices issues a
license to the member.

The Vietnamese Lawyers Association (Vietnamese Lawyers

Federation) established in 2009 as the national Bar Association which
includes local Bar Association established at each province. Provincial
Bar Associations are established after consideration of Ministry of
Justice and a decision by Peoples Committee. Ministry of Justice holds
power to regulate the legal profession of lawyers in Vietnam. Ministry of
Justice has a specialized department for administration of Bar
Associations.
Vietnam has a relatively young structural organization of its
legislature and legal profession. Lawyers were not considered to be
'professionals' until the last decade. However, after the implementation
of the Constitution and a more rigid legal hierarchy, they have been
afforded a higher profile within Vietnam. The raised profile of lawyers
within Vietnam has emphasized their role on a global scale. This is
evident in Vietnam's accession to the World Trade Organization, which
has in turn encouraged investment in the country. The continuing
development of the legal system and profession in Vietnam will be
interesting to observe. (http://www.ibanet.org/)
Foreigners Practice of Law
Unlike in the Philippines Foreign Practice of Law is allowed. When
Vietnam joined the World Trade Organization in 2007 and has made
specific commitments for legal services.
Provided they register with the Ministry of Justice, foreign law firms
can operate in Vietnam in the following ways:

As a branch of foreign lawyers' organization

As a subsidiary of a foreign lawyers' organization
As a foreign law firm
As a partnership between a foreign lawyers' organization and a
Vietnamese law partnership

Note that foreign law firms can advise on Vietnamese law only if they
employ qualified local lawyers.

Foreign Lawyers can practice in Vietnam by:

Submitting a written account of request for a Practising License
in Vietnam to Ministry of Justice.
The account must include certification that they are qualified in
a foreign jurisdiction, that they belong to a foreign lawyers
organization designated to practice the legal profession in Viet
Nam or papers certifying recruitment by a Vietnam-based
foreign lawyers profession-practicing organization.
After receiving these documents and the required fee, the
Ministry of Justice can grant the Practicing License in Vietnam
to the foreign lawyer. If the Ministry of Justice refuses to do so,
it is required to give notice in writing.

Part 3: Conclusion Recommendations for ASEAN integration

between the Philippines and Vietnam to allow cross-border practice in
the ASEAN region.

The first part of this study has established how rich and different the
socio-cultural and political landscape of Vietnam. Furthermore, the second
part of this study has laid down the requirements for the admission to the
bar of Vietnam and compared to the requirements in Philippines. Now in
this last part of this study the researcher will present a feasible plan in order
for the ASEAN integration specifically the cross-border practice of law is
practicable. The plan has to be developed in sufficient detail to demonstrate
that it can meet the alleged needs and that it can produce the claimed
advantages.

I.

Agency
The agency that must be responsible for the carrying out
of the ASEAN integration specifically the cross-border practice
of law between Vietnam and the Philippines are their respective
legislative bodies which will ratify treaties that would be created
in the process and also amend their domestic laws which may
in conflict with proposed plan.
And also those bodies which has regulatory authority over
the Practice of Law in the Philippines and in Vietnam.

II.

Action Plan
Article 5 Paragraph 2 of the ASEAN Charter it provides that:
Member States shall take all necessary measures,
including the enactment of appropriate domestic legislation, to
effectively implement the provisions of this Charter and to
comply with all obligations of membership.

However, there are areas of concerns that would present the

conflicting issues in relation to the integration of ASEAN nations
specifically the cross-border practice of law in the ASEAN region
and they are as follows:
Practice of Law in the Philippines is exclusive for Philippine
citizens only.
Section 5[5], Article VIII of the 1987 Philippine
Constitution which places the exclusive regulatory authority
upon the Supreme Court on all matters pertaining to pleadings
and practice of law in Philippine courts.
In one of the lectures by Dean Joan S. Largo of
University of San Carlos College of Governance and Law
stated that This provision of the Philippine constitution which
places the exclusive regulatory authority upon the Supreme
Court on all matters pertaining to pleadings and practice of law
in Philippine courts, and the fact that the Supreme Court is not
showing any indication that the legal profession will be opened
up to non-Filipinos, no matter how limited the practice may be,
it can be said with certainty that the legal profession will remain
to be the Filipino lawyers exclusive turf.
Furthermore she stated that The ASEAN Integration of
2015 is expected to present ASEAN and its member countries
as investment destination of the world. With the establishment
of the ASEAN Economic Blueprint, ASEAN will be viewed as a
single market and production base. The borders will soon be
opened, and the arena where Filipino lawyers will be applying
their lawyering skills will be changed. With the free movement
of business and people, the profile of the clients of the Filipino
lawyers will change. Change has come and will keep on
coming, and it is quite absurd to continue believing that the
legal profession will be immune to such change.

As discussed in the previous part of this study Vietnam

has allowed foreign practice of law in their country.
Thus with the mandate of the ASEAN charter and the
growing demands of ASEAN integration there is a need the
Supreme as the sole authority on the practice of law in the
Philippines should amend the requirements in the admission
into the Bar.
Furthermore, if there are other constitutional provisions or
laws which may be in conflict to the ASEAN integration
specifically the cross-border practice of Law will be amended or
repealed.
A. Citizenship
Citizenship is a very essential requirement in the
admission to the Bar in Philippines. Citizenship requirement
created exclusivity of the practice of law for Filipinos only. This
create a problem in the ASEAN integration where in foreigners
cannot practice law since there is such requirement that
impedes them to qualify.
Compared to Vietnam where a person can acquire
citizenship on the grounds provided by a treaty wherein
Vietnam contracts into.
Citizenship requirement should be scrape-off from the
requirements for the Practice of Law in both countries. Since
we are going into integration citizenship should yield in the
aspect of importance over competency of lawyers in the
ASEAN community. ASEAN should have no borders and putting
a citizenship requirement beats the purpose of ASEAN
integration.

B. Standardization of Legal Education in the ASEAN

As discussed in the previous part, legal education

requirement Vietnam and the Philippines has a
substantial difference in terms of Legal Practice
preparation. Thus, in order to insure competence in the
cross-border practice of Law in the ASEAN. Legal
education must be standardized. Wherein, the ASEAN
must set standardize curriculums and the same legal
education techniques that are thought in Law schools.
Furthermore, The ASEAN must set standardize
legal training requirement such as internships and legal
probations in the case of Vietnam.
C. BAR exam
The BAR exam is the gate pass for every lawyer in
order for them to practice law. It is undeniable that every
state has different laws. Thus, if a person would like to
practice as a local lawyer He must take the state BAR of
the country He would like to practice into.

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