Similar to other professions requiring high levels of expertise and ethics, such as teaching and medicine, the legal profession demands not only extensive professional training but also strict adherence to professional conduct principles. Below is the Code of Ethics and Conduct for Vietnamese Lawyers, which Vietnamese lawyers are required to follow absolutely. Among these principles, the principle of confidentiality, specifically Rule 7, is highly emphasized by An Tam Law Firm.

CODE OF PROFESSIONAL ETHICS AND CONDUCT FOR VIETNAMESE LAWYERS
(Issued together with Decision No. 201/QD-HDLSTQ dated December 13, 2019 of the National Bar Council)

CODE OF PROFESSIONALS
The legal profession in Vietnam is a noble profession, because the professional activities of lawyers aim to contribute to protecting justice, protecting the independence, sovereignty, unity and territorial integrity of the Fatherland; contributing to socio-economic development, for the cause of a prosperous people, a strong nation, a democratic, just and civilized society.

Professionalism and professional ethics are the fundamental foundations of the legal profession. Lawyers have the duty to improve their professional skills and qualifications; to set an example in respecting and complying with the law; Consciously adhere to ethical rules and professional conduct in your professional practice, lifestyle, and social interactions.

The Code of Ethics and Professional Conduct for Lawyers stipulates ethical and professional conduct standards, serving as a measure of the moral character and professional responsibility of lawyers. Every lawyer must use the Code of Ethics and Professional Conduct for Lawyers as a model for their conduct and self-cultivation to maintain professional prestige and reputation, worthy of the respect of society.

Chapter I.
GENERAL RULES
Rule 1. The Mission of Lawyers
Lawyers have the mission to protect human rights, civil rights, the legitimate rights and interests of individuals, organizations, and agencies, to protect the independence of the judiciary, and to contribute to the protection of justice, fairness, socio-economic development, and the building of a socialist rule of law state in Vietnam.

Rule 2. Independence, Honesty, and Respect for Objective Truth
Lawyers must be independent, honest, and respect objective truth, not acting against the law and professional ethics for material or spiritual gain or any other pressure.

Rule 3. Upholding Honor, Reputation, and Promoting the Traditions of Lawyers
3.1. Lawyers value and protect the honor and reputation of the legal profession as they would their own; building, strengthening, and maintaining the trust of clients and society in lawyers and the legal profession.

3.2. Lawyers have the obligation to promote the fine traditions of the legal profession; to constantly learn and improve their professional skills; to maintain their character, integrity, and professional reputation; to have appropriate and cultured conduct in their practice and lifestyle; and to be worthy of the trust and respect of society for lawyers and the legal profession.

Rule 4. Participation in Community Activities
4.1. Lawyers are always ready and actively participate in activities for the common good of the community and society, in accordance with their profession.

4.2. Lawyers provide legal assistance with dedication, impartiality, and professional responsibility, as they would in cases for which they receive fees.

Chapter II.

RELATIONSHIPS WITH CLIENTS
Section 1. BASIC RULES
Rule 5. Best Protection of Client’s Legal Rights and Interests
Lawyers have the obligation to be dedicated to their work, to develop their abilities, to use their professional knowledge, skills, and legal means to best protect the legal rights and interests of their clients in accordance with the law and the Code of Ethics and Professional Conduct for Vietnamese Lawyers.

Rule 6. Respect for Clients
Lawyers provide legal services based on the legitimate requests of clients, respecting their legal rights, interests, and choices.

Rule 7. Confidentiality
7.1. Lawyers are obligated to maintain the confidentiality of client information during and after the provision of legal services, except with the client’s consent or as required by law.

7.2. Lawyers are responsible for requiring relevant colleagues and staff within their practice to commit to not disclosing confidential information they obtain, and lawyers are responsible for clearly explaining that any disclosure would result in legal liability.

Rule 8. Fees
Lawyers must explain to clients the legal provisions regarding the basis for calculating fees and the method of fee payment; Clearly state the fee and costs to the client, and this fee and cost must be recorded in the legal service contract.

Rule 9. Things lawyers are prohibited from doing in their relationship with clients
9.1. Receiving, possessing, or using the client’s money or property contrary to the agreement between the lawyer and the client.

9.2. Suggesting or posing conditions for the client to give property or other benefits to the lawyer or the lawyer’s parents, spouse, children, siblings.

9.3. Receiving money or any other benefit from a third party to perform or not perform work.

causing harm to the client’s interests.

9.4. Creating or exploiting unfavorable situations, false, incomplete, or detrimental information to the client to exert pressure in order to increase the agreed-upon fee or obtain other benefits from the client.

9.5. Using information obtained from a case handled by the lawyer to seek illegitimate benefits.

9.6. Directly informing the client or using suggestive language or behavior to inform the client about the lawyer’s personal relationship with the prosecuting authority, the prosecutor, or other authorized individuals, agencies, or organizations in order to gain the client’s trust in the effectiveness of the work or for other illegal purposes.

9.7. Intentionally providing information that misleads the client about their own abilities and professional qualifications to gain the client’s trust in signing a contract.

9.8. Promising or guaranteeing the outcome of a case regarding matters beyond the lawyer’s capabilities or conditions.

9.9. Exploiting the profession to engage in illicit romantic relationships with clients.

9.10. Abusing other titles besides that of a lawyer in the practice of law to seek illegal benefits.

Section 2. ACCEPTING CASES
Rule 10. Accepting Client Cases
10.1. When a client requests to accept a case, the lawyer must promptly inform the client whether or not the case will be accepted.

10.2. Lawyers must not discriminate based on gender, ethnicity, religion, nationality, age, health, disability, or financial status of clients when accepting cases. If the lawyer knows that a client is eligible for free legal aid, the lawyer must inform them.

10.3. Lawyers only accept cases within their professional capabilities and expertise, and handle cases within the scope of the client’s legitimate request.

10.4. Lawyers have the obligation to explain to clients their rights, obligations, and responsibilities in their relationship with the lawyer; the legality of the client’s request; the foreseeable difficulties and advantages in providing legal services; the client’s right to appeal and the procedures for resolving appeals against the lawyer.

10.5. When accepting a client’s case, the lawyer must sign a legal service contract, unless otherwise stipulated by law. The legal service contract must clearly define the client’s request, the fee, and other key contents that the legal service contract must include as required by law.

Rule 11. Cases where lawyers must refuse to accept a client’s case
11.1. 11.1. The client requests legal services through another party, and the lawyer knows that this party is abusing their position as the client’s representative to pursue illegitimate interests that affect the client’s legitimate rights.

11.2. The client requests legal services from a lawyer who knows that the client intends to use those services for purposes that violate legal prohibitions, or that the client is not acting voluntarily but is dependent on another party’s request.

11.3. There is clear evidence that the client has provided false evidence or that the client’s request is unethical and violates legal prohibitions.

11.4. The client’s case involves a conflict of interest as stipulated in Rule 15.

Section 3. PERFORMING THE CASE
Rule 12. Performing the client’s case
12.1. 12.1. Lawyers proactively and diligently handle clients’ cases and inform clients of the progress of the case resolution.

12.2. Lawyers receive and are responsible for safeguarding and preserving documents and files entrusted to them by clients in accordance with the law or agreements with clients.

12.3. When handling a case, lawyers must maintain appropriate conduct to avoid disputes with clients. If there is a disagreement between the lawyer and the client, or a client complaint, the lawyer must maintain a proper and respectful attitude towards the client, proactively negotiating and mediating with the client.

12.4. In cases where lawyers are jointly handling a case and a disagreement arises that could be detrimental to the client, the lawyer must inform the client so that they can exercise their right to choose.

Rule 13. Refusal to continue handling a client’s case
13.1. A lawyer may refuse to continue handling a case in the following circumstances:

13.1.1. The client makes a new request that falls outside the scope of the lawyer’s practice or is unethical or illegal;

13.1.2. The client does not accept the lawyer’s legally sound and ethical advice on resolving the case, despite the lawyer’s efforts to analyze and persuade;

13.1.3. The client violates commitments under the legal services contract that the parties cannot agree upon, or the relationship between the lawyer and the client is damaged through no fault of the lawyer;

13.1.4. There is a threat or physical or psychological pressure from the client or others forcing the lawyer to act contrary to law and professional ethics;

13.1.5. There is evidence to determine that the client has deceived the lawyer.

13.2. The lawyer must refuse to continue handling the case in the following instances:

The following cases apply:

13.2.1. There are grounds to determine that the client used the lawyer’s legal services to commit acts that violate legal prohibitions or are unethical;

13.2.2. The case falls under the provisions of Rule 11;

13.2.3. Cases requiring refusal due to legal regulations or force majeure.

Rule 14. Handling cases when a lawyer unilaterally terminates legal services
When unilaterally terminating legal services according to Rule 13, the lawyer must show respect to the client, notify the client in writing within a reasonable timeframe to allow the client to find another lawyer, and promptly resolve issues related to the termination of the signed legal service contract.

Rule 15. Conflict of Interest
15.1. Conflict of interest is a situation where the lawyer’s rights and obligations to current clients, former clients, or third parties are affected, leading to a situation where the lawyer is restricted or potentially restricted in fulfilling their duty to best protect the client’s legal rights and interests, and to maintain client confidentiality.

Lawyers are not permitted to accept or handle cases in cases of conflict of interest, except as permitted by law or according to these Rules.

15.2. During the course of handling a case, lawyers must proactively avoid conflicts of interest. If a conflict of interest arises unintentionally, the lawyer must immediately inform the client to resolve it.

15.3. Lawyers must refuse to accept a case or refuse to continue handling a case in the following circumstances:

15.3.1. Cases in which clients have conflicting interests;

15.3.2. Cases in which the new client has conflicting interests with the current client; other cases where the client has conflicting interests with the current client in a case the lawyer is handling.

15.3.3. Cases in which the new client has conflicting interests with the former client in the same case or another directly related case that the lawyer previously handled for the former client;

15.3.4. Cases where the client has conflicting interests with the lawyer or the lawyer’s parents, spouse, children, siblings;

15.3.5. Cases in which the lawyer has participated as a prosecutor, other public official in a state agency, arbitrator, or mediator;

15.3.6. 15.3.6. Cases involving clients whose parents, spouses, children, siblings, or other relatives have conflicting interests with the client;

15.3.7. In cases where a lawyer is prohibited from accepting or handling a case for a client as stipulated in Rule 15.3, other lawyers working within the same law firm are also prohibited from accepting or handling the case, except as stipulated in Rules 15.3.4 and 15.3.6.

15.4. Lawyers may still accept or handle cases in the circumstances stipulated in Rule 15.3 if they have the client’s written consent, except in the following cases:

15.4.1 Cases prohibited by law;

15.4.2 Cases involving litigation, administrative complaints, disputes resolved through arbitration, or commercial mediation;

15.4.3 Cases under Rule 15.3.5.

Section 4. CASE CONCLUSION
Rule 16. Notification of Case Result
Upon conclusion of a case, the lawyer must inform the client of the case result and finalize the contract as agreed.

Chapter III.

COLLABORATE RELATIONSHIPS
Rule 17. Colleagues
17.1. In communication and legal practice, lawyers must respect each other, regardless of age or length of practice.

17.2. Lawyers should not allow winning or losing in their practice to affect their collegial relationships.

Rule 18. Respect and Cooperation with Colleagues
18.1. Lawyers should consciously respect, cooperate with, and assist colleagues in their professional practice as well as in their lives; Provide timely feedback when you see a colleague doing something wrong that affects the professional reputation of the lawyer.

18.2. In cases where lawyers have differing opinions when defending the legal rights and interests of the same client in the same case, lawyers should discuss the matter to avoid conflict, which could affect collegial relations and the client’s rights.

Rule 19. Professional Competition
Lawyers shall not engage in unfair competition that affects the legal rights and interests of colleagues.

Rule 20. Conduct in Disputes of Interest with Colleagues
20.1. In case of a dispute of interest with a colleague, lawyers should negotiate and mediate to maintain collegial relations; only file a complaint or lawsuit against a colleague when negotiation and mediation are unsuccessful.

20.2. Before filing a complaint or lawsuit against a colleague, a lawyer must notify the Executive Board of the Bar Association where they are a member and the Executive Board of the Bar Association where their colleague is a member so that mediation can be attempted.

Rule 21. Things lawyers are not allowed to do in their relationship with colleagues
21.1. There

21.1. Slanderous words or actions that defame, insult, or damage the honor, dignity, or reputation of colleagues, or that pressure or threaten colleagues.

21.2. Collusion or making offers to the lawyer of a client whose interests are opposed to one’s own client in order to jointly pursue personal gain.

21.3. Privately contacting or communicating with a client whose interests are opposed to one’s own client to resolve a case, knowing that the client has a lawyer, without informing the lawyer representing that client or the lawyer representing that client.

21.4. Hiring or paying for client brokerage services, or brokering clients to colleagues in exchange for commission.

21.5. Engaging in actions aimed at poaching clients, such as:

21.5.1. Comparing professional competence and differentiating the geographical areas of practice of one lawyer or law firm from another;

21.5.2. Inciting clients to reject colleagues in order to take on cases for oneself, or inciting clients to file complaints or accusations against fellow lawyers;

21.5.3. Directly or through one’s own staff or others, enticing or persuading clients in front of the offices of prosecuting authorities, detention centers, state agencies, and other organizations.

21.6. Imposing or intentionally influencing the independence and objectivity of colleagues with dependent relationships such as teacher-student, superior-subordinate, blood, or kinship in the practice of a lawyer.

21.7. Forming factions or groups among lawyers to isolate colleagues in the practice of law.

21.8. Engaging in partnerships, joint ventures, or forming groups of lawyers that violate the provisions of the law on lawyers, the Charter of the Vietnam Bar Association, and the Code of Ethics and Professional Conduct for Lawyers.

Rule 22. Conduct of Lawyers in Law Firms
22.1. Lawyers shall respect and treat their colleagues and staff within the law firm with due respect.

22.2. Lawyers within a law firm shall take reasonable measures within their duties and powers to ensure that the law firm and its members comply with the Code; they shall be held responsible or jointly responsible for violations within the law firm if:

22.2.1. They requested or consented to the violation;

22.2.2. They knew the violation had occurred when it could have been avoided or mitigated but failed to take corrective measures.

Rule 23. Conduct of Practicing Lawyers in a Personal capacity
23.1. Practicing lawyers in a personal capacity shall not be influenced by the internal requirements and regulations of the agency or organization to act contrary to the law or the Code of Ethics and Professional Conduct for Lawyers.

23.2. Within the scope of their assigned duties, if they discover that an officer or employee of the agency or organization is preparing or is in the act of violating the law or violating the internal regulations of the agency or organization that could cause harm to the interests of the agency or organization, the lawyer shall explain and offer advice to that person to abandon the intention or stop the violation.

If necessary, the lawyer shall report the violation to the competent authority within the agency or organization.

Rule 24. Relationship with Trainee Lawyers
24.1. The supervising lawyer must be dedicated, enthusiastic, responsible, and treat trainee lawyers with respect.

24.2. The supervising lawyer must not do the following:

24.2.1. Discriminate against trainee lawyers;

24.2.2. Demand money or other benefits from trainee lawyers;

24.2.3. Abuse the position of supervising lawyer to force trainee lawyers to do things outside the scope of their training for the personal benefit of the supervising lawyer;

24.2.4. Confirm in a trainee lawyer’s training logbook and practice file that is inconsistent with the law and regulations of the Vietnam Bar Association, allowing the trainee lawyer to participate in the training completion examination.

Rule 25. Relationship of Lawyers with Professional and Social Organizations of Lawyers
25.1. Lawyers have the obligation to respect and protect the honor and reputation, and to comply with the Charter, resolutions, decisions, regulations, rules, and internal regulations of the Bar Association and the Lawyers’ Union.

25.2. All contributions from lawyers to the Lawyers’ Union and the Bar Association must be truthful, objective, constructive, and contribute to the development of professional and social organizations of lawyers and the legal profession.

Chapter IV.

RELATIONSHIP WITH PROSECUTION AUTHORITIES AND PERSONS
Rule 26. General Rules When Participating in Proceedings
26.1. Lawyers must strictly comply with the internal regulations and relevant rules in their relationship with prosecution authorities; 26.1. Maintain a cooperative, courteous, and respectful attitude towards those involved in the proceedings whom the lawyer interacts with during practice; proactively and actively exercise the rights and obligations of a lawyer when participating in proceedings as prescribed by law.

26.2. When it is necessary to exchange opinions on professional matters with those involved in the proceedings, or other competent persons or agencies, the lawyer must maintain

The independence of the legal profession contributes to the protection of justice and social equity.

Rule 27. Conduct in Court
27.1. Lawyers must comply with the rules of the courtroom, the rules of the courtroom, and the direction of the presiding judge and the panel of judges; respect the prosecuting officers, fellow lawyers, and other participants in the proceedings; maintain proper conduct when arguing in court; and be cooperative and willing to resolve situations that arise affecting the order or progress of the case in court.

27.2. In defending the legal rights and interests of their clients, lawyers must respect objective truth and present legal documents and evidence that help to resolve the case objectively and in accordance with the law.

27.3. In the face of misconduct or disrespectful behavior towards lawyers or their clients during court proceedings, lawyers must remain calm and exercise their right to make reasonable, legitimate, and lawful requests and appeals.

Rule 28. Actions that lawyers are prohibited from doing in relation to prosecuting authorities and prosecutors:
28.1. Making statements that are known to be false in the media or in public places regarding matters related to the case they are handling or not handling, with the aim of negatively affecting the activities of prosecuting authorities and prosecutors.

28.2. Reacting negatively by arbitrarily leaving the courtroom during proceedings.

28.3. Engaging in any actions strictly prohibited by law.

Chapter V.
RELATIONSHIP WITH STATE AGENCIES, ORGANIZATIONS, AND OTHER INDIVIDUALS
Rule 29. Conduct of Lawyers in Relations with Other State Agencies
29.1. When interacting with or working with other state agencies as a representative outside of litigation, or as a lawyer providing legal advice or other legal services to clients, lawyers must comply with the provisions of the law, internal regulations, and rules of the state agency, and the relevant provisions of Chapter IV of this Code.

29.2. In relations with other state agencies to perform work for clients, lawyers should maintain a polite and respectful attitude, resolutely refusing any illegal or unethical collusion or intermediation.

29.3. Lawyers have the obligation to explain to clients the legal provisions regarding complaints and denunciations; We recommend that clients avoid making unlawful complaints and denunciations, which waste the time and money of the State and the people, and affect the State’s management of social order and safety.

Rule 30. Conduct in relations with other organizations and individuals
When interacting and working with other organizations and individuals, lawyers must maintain appropriate conduct and refrain from saying or doing anything that affects the reputation and legitimate interests of those organizations and individuals.

Chapter VI.

OTHER RULES
Rule 31. Information and communication
31.1. When providing information to the press, mass media, or using social networks, lawyers must be truthful, accurate, and objective.

31.2. Lawyers are prohibited from using the press, mass media, or social networks to intentionally misrepresent the truth for personal gain, other motives, or to create public opinion to protect the illegal interests of clients, or to make statements that affect national security, national interests, and public interests.

31.3. Lawyers are prohibited from writing articles or making statements in the press, mass media, in public places, or using social networks to slander, attack, ostracize, or cause division and disunity among fellow lawyers; or to harm the honor and reputation of lawyers, the legal profession, the Bar Association, and the Vietnam Bar Federation.

Rule 32. Advertising
32.1. When advertising their legal practice, lawyers must not provide false or misleading information. Lawyers are responsible for commitments made in advertisements regarding the quality of their legal services.

32.2. Lawyers are prohibited from engaging in advertising that could damage the honor and reputation of the legal profession or the legal community.

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