Legal Education and Legal Profession in Contemporary Vietnam – To

Change or not to Change?

Bui Thi Bich Lien

[A revised version of this article has been published in John Gillespie and Albert
Chen eds., Legal Reforms in China and Vietnam: A Comparison of Asian Communist
Regimes, London: Routledge, June 2010]

1
Introduction

The launch of the Doi Moi [Renovation] program in 1986 has produced numerous
unprecedented changes in Vietnam during the last two decades. Moving from a centrally
planned to a market-oriented society, the state has defined law as an important tool to
govern society and to promote economic development. This transitional period poses
great challenges to Vietnam’s legal system, as the changes brought by Doi Moi need to be
handled by qualified, experienced legal professionals.
In this context, legal education and legal profession play a critically important
role. This paper examines the status of the Vietnamese legal education system and
evaluates its interaction with the legal profession in this transitional process. Although it
is undeniable that law schools have improved their teaching and social standing, and that
the legal profession has grown rapidly, the pace of change seems too slow to keep up with
legal reform. Both legal educators and the legal profession are currently caught between
tradition and reform. To make matters worse, they are disconnected from each other, so
the legal education system is only responding marginally to demands from the legal

2
profession. Despite the ever-increasing number of law graduates, the legal profession is
facing a serious shortage of professionals trained for a globally integrated legal market.
Yet it lacks the capacity to change the situation.
There are various factors at play. Although the legal profession has shifted
towards servicing a market economy, a large part of it continues to rely on the
Government’s support and cooperation. Attempts to organize the profession based on the
principle of self-regulation have been compromised by the desire to maintain “state
management.” At the same time, legal training institutions enjoy a privileged position that
partially insulates them from market demands. Nevertheless, they too must reconcile the
tension between a state ideology that insists on training students to become loyal state
officials and a growing social demand for professional skills and globally relevant
knowledge. Traditional practices and a moralistic approach further complicate the reform.
Overall, there is considerable tension between the need to change and resistance caused
by well-established ideologies and habits.
I start this paper with a brief description of the major characteristics of Vietnam’s
contemporary legal system, as these features determine the nature of legal education and
legal profession. Then, I will review the legal education sector. My analysis will focus on
how ideology shapes law training programs, how legal education adjusts to external
changes, and how it is linked to the legal profession. Objectives of legal education and
vocational training, institutional arrangements, and education practice will be examined.
Next, I explore the development of the legal profession in Vietnam. When reviewing the
development of the profession, I will investigate how ideas about the role of legal
practitioners have informed change initiatives. Other factors such as market development
and international influence will also be examined.
My discussion of legal education in this article focuses only on full-time programs at
undergraduate level, and vocational training for lawyers.1 I will refer to the Chinese
situation when appropriate. In addition to written sources, my analysis is based on
informal interviews with law professors, law students, state officials and legal

1
There are various program that are run by law schools and faculties, such as in-job training, short-term
courses. These programs will not be discussed here.

3
practitioners. My personal experience as a legal academic, a private lawyer, and a legal
development practitioner also provides insight into the subject matter.

Legal System – An Overview

While other areas of higher education in Vietnam are generally subject to state
guidance on education, legal training is first and foremost shaped by law development
policies. Likewise, it is those policies that play a significant role in determining how the
legal profession is shaped. Hence, to understand the nature of legal education and the
legal profession in Vietnam, it is essential to view them in the context of the overall legal
system.
Similar to China, Vietnam’s current legal structure is built on the foundation of
Soviet ideologies.2 Among other things, the class nature of state and law and legal
consciousness are two important canons that shape legal education and legal profession.
Law is defined as “a system of norms that are codified and enforced by the state. It
represents the will of the ruling class and is an instrument to adjust social relations”.3
Because the Communist Party is the leader of the ruling class, Party supremacy over state
and law is the guiding principle.4 It is the Party that provides instructions on the
formation of laws and that uses law as an instrument to govern society.
Since the law reflects the Party and the state’s interests, it is important that such
interests are respected by the masses. The idea of legal consciousness is therefore derived
from the belief that people need to be educated in order to obey state law. It aims to
increase people’s awareness about legal norms, loyalty and trust to the values of such
norms, thus eventually securing compliance with the law. Improving legal consciousness
is an on-going task of the Party and the state. It is conducted in various forms, including
law training and legal practice.5

2
See Albert H.Y. Chen and John Gillespie chapters in this volume.
3
Le Minh Tam, ‘Ban Chat, Dac Trung, Vai Tro, Cac Kieu va Hinh Thuc Phap Luat’ [Nature, Features,
Role, and Forms of Laws], in Hanoi Law University, ed., Giao Trinh Ly Luan Nha Nuoc Va Phap Luat
[Textbook on Themes of State and Law], Hanoi: Nha Xuat Ban Cong An Nhan Dan (People’s Police
Publishing House), 2004, p.66.
4
Article 4, Constitution of the Socialist Republic of Vietnam (1992).
5
Le Minh Tam, ‘Y Thuc Phap Luat’ [Legal Consciousness], in Hanoi Law University, ed., Giao Trinh Ly
Luan Nha Nuoc Va Phap Luat [Textbook on Themes of State and Law], Hanoi: Nha Xuat Ban Cong An

4
 Socialist legal thoughts, however, is not the only source of guidance that informs
legal development in Vietnam. As Gillespie noted, these ideas have been mixed with neo-
Confucian and traditional moral principles in the localization process.6 Recent market
liberalization also urges the Party to borrow Western legal concepts especially in relation
to commercial laws. While Soviet ideas and Confucian values are essential to the Party’s
supremacy, the success of utilizing Western norms to guide economic development helps
ensure its legitimacy. Now the objective of reform requires a tough balance between
political stability and economic integration. All these features are reflected in the
development of legal education and the legal profession.

Law Training Institutions - A Brief History

Unlike China, which has a relatively long tradition of law teaching,7 legal
education in Vietnam has a brief, discontinuous history. Legal doctrines and concepts that
serve as foundation for a right-based legal system have never been formally taught in law
schools. What is currently in place is a genuine product of socialist law training.
During the French colonial period, a law school was established in 1931 in
Hanoi.8 There is no evidence that these early law graduates served in the legal education
system after their graduation. The harsh war did not allow the Government in the North to
emphasise legal processes and training. There was a judicial training school that belonged
to the People’s Supreme Court, but it focused on training judges on a small scale. The
Ministry of Justice (MOJ) even had to close.

Nhan Dan [People’s Police Publishing House], 2004, pp. 413-422. Taking this approach, most lawyers of
the pre-Doi Moi generation believe that the major part of their professional function is to explain legal text
to their clients, and advise them of right- and wrong-doing. See further Le Kim Que, ‘Luat Su Gop Phan
Bao Ve Phap Che Va Van Hoa’, [Lawyers Contribution to the Protection of Legality and Culture], Tap Chi
Thong Tin Khoa Hoc Phap Ly [Journal of Law Science Information], no.7, 2001, pp. 94–98. The 2006
Law on Lawyers also provides that lawyers’ functions include dissemination of legal information (Articles
61 and 65).
6
John S. Gillespie, Transplanting Commercial Law Reform, Developing a ‘Rule of Law’ in Vietnam,
Aldershot, UK, Ashgate Publishing Company, 2006, pp.83-86.
7
See Alison W. Corner, ‘China’s Lawyers and Their Training: Enduring Influence and Disconnects’ in this
volume.
8
Tran Bich San, ‘Vietnam Duoi Thoi Phap Thuoc’ [Vietnam Under French Ruling], Co Thom Magazine
[Fragrant Grass Magazine],
<http://cothommagazine.com/index.php?option=com_content&task=view&id=278&Itemid=49>, accessed
on October 20, 2008.

5
 In 1979, the Hanoi Law University (HLU) was established as the first post-
colonial tertiary-level law school.9 There was a law university in the South before 1975,
but it was merged with other schools to form the Economic University of Ho Chi Minh
City in 1976. Again, this new university did not provide formal law training until 2001.10
In 1989, HLU opened its branch in Ho Chi Minh City. The founding teachers of this
branch were sent from the North and were previously trained in the Eastern bloc. This
branch was then separated from HLU and became an independent law school of the
South, the Ho Chi Minh City Law University (HCMCLU).
HLU is the largest law training institution in Vietnam and it is affiliated with the
MOJ. HCMCLU is under the administration of the Ministry of Education and Training
(MOET). Apart from HLU and HCMCLU, there are other multi-disciplinary universities
that offer degrees in different areas, including law, at dedicated law faculties. Most of
them were established very recently and are of small scale.11 By the end of 2008, Vietnam
has more than 20 law schools and faculties. The number of law graduates is
approximately 14,000 annually.12 Comparing to the 600 plus law schools and 450,000
law graduates in China,13 law training in Vietnam appears to be modest. Disparity in
population size of the two countries may not be sufficient to justify for this situation. I
will explore other reasons in the below section.
In addition to law universities and faculties, the School for Training of Judicial
Tittles (later renamed Judicial Academy or JA) was established under the MOJ in 1998 as
a vocational training school to train judges, private lawyers, prosecutors, public notaries,
and some other types of legal officials.14

9
Sidel, M. (1993) 'Law Reform in Vietnam: the Complex Transition Form Socialism and Soviet Models in
Legal Scholarship and Training', Pacific Basin Law Journal, No. 11, pp. 224–225.
10
University of Economics Ho Chi Minh City, <http://www.ueh.edu.vn/tongquan.htm.>, accessed on
September 27, 2008.
11
Examples include: Hanoi National University, Can Tho University, Vinh University, Da lat University of
Science of Hue. See further in Hanoi Law University (2002) ‘Report on Survey of Legal Training in
Vietnam’, Seminar on Legal Education: Hanoi, 26–27 September.
12
DANIDA Report on Lawyer Training Program at the JA, Hanoi, January 2009.
13
See Alison W. Corner, supra note 7.
14
UNDP, Legal Needs Assessment Report (LNA Report), Hanoi, 2002. Available at
<http://www.jus.umu.se/Vietnam/pdf/LNA_FINAL.pdf.>, accessed on August 15, 2008.

6
 All these training institutions are owned and run by the state. Unlike China where
private legal education is permissible,15 private universities that provide law education in
Vietnam had to close their programs after a short period of experiment in mid-90s.
Although regulations allowing legal professional associations to provide professional
training exist,16 non-governmental players in this area have not been established yet. This
is part of the reason that the legal profession has limited input into legal training.

Objectives of Legal Education and Training

In order to understand the developmental path of legal education, it is important to
review policy objectives. In this section, I will examine the goals set for legal education
in various strategic documents since 2002.
The Party’s Policies on Legal Reform
Resolution No.08/NQ-TW introduced by the Politburo in January 2002
(Resolution 08) is the first important policy document that spells out a series of desired
institutional changes for the legal sector. According to Resolution 08, the objective of
legal education is to provide human resource with law qualifications for the government.
Law graduates should have a firm political view, high moral values, and be professionally
qualified.
What Resolution 08 explicitly shows is that Marxist-Leninist legal theories,
blended with Confucius virtue rules, still serve as the foundation for the Party’s guidance
on legal changes. Since the law belongs to the superstructure and is regarded as an
instrument for the state to govern society, the exercise of law is not seen as a part of the
economic base. Rather, it is a demonstration of state power. Therefore, training of legal
professionals with practical skills to provide legal services are hardly mentioned as an
objective of tertiary law education.
Three years after the introduction of Resolution 08, the Party issued two other
policy documents setting out a vision for legal system development (Resolution 48) and

15
See Alison W. Corner, supra note 7.
16
See further Section “Vocational Training”, pp.13-15 below.

7
strategy for judicial reform (Resolution 49) until 2020.17 Despite their broad sweep they
do not alter the objectives of legal training. Both Resolutions confirm that the job of legal
education is to provide legal and judicial officials for the state apparatus. While the
policies do not explicitly omit legal practitioners as a target of legal education, lawyers
are viewed as a part of the “judicial supplementary force” [bo tro tu phap] rather than as
market players.18
To keep up with change, the Party instructs training institutions to constantly
update political and legal knowledge. The two Resolutions also display a wish to retain
state control over legal education by designing state-owned HLU and HCMLU to become
“focal-point schools” in training legal officials, and the JA to become a major centre in
training judicial officials. In addition, the Resolutions call for unification of law curricular
and textbooks. This policy instruction aims to eliminate privatization and to re-establish
order in the legal education market after mushroomed development of law programs and
courses during the 90s.19 The demonstration of socialist legal ideologies in these
Resolutions is arguably a clear sign that Soviet legal thinking still has a greater degree of
influence in Vietnam than in China. While legal education is open to private actors in
China, it is not the case in Vietnam. The continuous pursuit of socialist legal doctrines
also shed lights on developmental choices for legal education in Vietnam. This point will
be further elaborated in the below sections.
Because legal education is considered a state concern, the government plays the
main role in determining what the quantity and quality of law graduates should be. As for
the quantity, a comprehensive assessment conducted in 2002 anticipated that the number
of legal officials and legal experts needed for government-related jobs is approximately

17
Resolution No. 48-NQ/TW dated May 24, 2005 of the Central Committee of the Communist Party on
Strategy to Develop and Improve Legal System Until 2010 and Development Orientation Until 2020.
Resolution No. 49-NQ/TW of the Central Committee of the Communist Party on Strategy to Reform
Judicial System Until 2020.
18
See detailed discussion of “judicial supplement” concept in pages 18-19.
19
Private-owned universities were established as a part of higher education reform program. Some of these
universities also took part in legal education, but most of their resources, such as lecturers and materials,
were drawn from other State law universities on a contractual basis. This type of law training, however,
ceased functioning after a short period of time because of Government concerns over their quality (UNDP,
LNA Report, 2002).

8
62,000.20 In contrast, there are no measurable criteria for professional quality of law
graduates.
In sum, Vietnam policy guidance on the purpose of legal education shows
continuity in the socialist belief of instrumentalist law. Although calls for adjustment
have been brought into the policy framework, market factors have never been identified
as a source of demand for change in law training. Legal trainers are required to achieve
state targets instead of ensuring career potential for students. In addition, legal training
institutions, as an integrated part of state apparatus, have very limited connection to the
market place. This structural arrangement creates little or almost no incentives for law
schools to change. Therefore, training programs are not designed to respond to market
needs. For instance, HLU alone has granted the LLB degree to approximately 53,000
students21 while the number of practicing lawyers by the end of 2007 only reached just
over 4,000.22 In the context of rapid economic development, legal education focuses on
simultaneous responses to changes such as updating laws and ensuring political
correctness instead of navigating pathways for changes. Legal doctrines that inform the
function of a law-based system have not yet come into education policy and practice.23
The following sections will further illustrate this point.

The Role of Socialist Theories in Shaping Law Curriculum and Law Teaching
Although the format for law courses has been changed from time to time, the
underlying idea for the design of such courses has not materially changed during the last
decade. Under MOET standard curriculum, law students all over the country must take
courses on Marxist-Leninist fundamental theories, Ho Chi Minh’s thoughts, and the
revolutionary pathway of Vietnam’s Community Party as soon as they start law school.24

20
Ibid.
21
Hanoi Law University, <http://www.hlu.edu.vn/.>, accessed on October 15, 2008.
22
MOJ, Annual Report, 2007. Available at <http://www.moj.gov.vn.>, accessed on July 12, 2008.
23
See further Hoang The Lien, ‘Truong Dai Hoc Luat Can Nhanh Chong Tro Thanh Truong Trong Diem
Ve Dao Tao Luat O Vietnam’ [HLU Should Rapidly Become a Focal Law Training University in Vietnam],
Dan Chu va Phap Luat [Democracy and Laws], no.8(161), 2005, pp. 9–12.
24
As a part of the national higher education system, legal education operates under a framework set by the
MOET. All law programs and courses must adhere to a standard curriculum issued by the MOET. See
details at <http://www.moet.gov.vn>, accessed on September 11, 2008.

9
The aim of these subjects is to build up ideological foundation, belief in Ho Chi Minh’s
moral and cultural values, and loyalty to the Party’s leadership.
Learning about Soviet legal theories [ly luan nha nuoc va phap luat] is
compulsory in all law programs. It is regarded as the sole conceptual framework in which
all legal matters are analysed.25 The HLU textbook on themes of state and law has been
used as the main source of materials for this subject. The textbook has been updated and
revised several times,26 but some basic concepts remain unchanged. Notably consistent is
the class nature of state and law, and the approach that law is an instrument of the state to
govern society. In addition, the Party leadership is among the guiding principles that
inform State governance and law making activities.27 The legal profession is never
mentioned in this book as part of the legal system.
Despite its rigid nature, the teaching of Soviet theories has shown certain
adjustments in responding to social changes. According to the new MOET standard
curriculum, the teaching time of political studies has been reduced by almost a half since
the school year of 2008–2009.28 Certain parts of Soviet legal theories in the HLU
textbook have also been edited. These are the concepts that are apparently seen as
outdated, such as the classification theory that divides the legal system into independent
law branches.
What is most noticeable about these adjustments is that they do not offer any
theoretical alternatives. While the significance of Soviet legal concepts has been played
down, no new legal doctrine is introduced to fill in the gap.29 Revisions of state and law

25
Le Minh Tam, ‘Doi Tuong Nghien Cuu Va Phuong Phap Nghien Cuu Cua Ly Luan Nha Nuoc Va Phap
Luat’ [Subjects of Study and Methods for Study Themes of State and Law], in Hanoi Law University, ed.,
Giao Trinh Ly Luan Nha Nuoc Va Phap Luat [Textbook on Themes of State and Law], Hanoi: Nha Xuat
Ban Cong An Nhan Dan [People’s Police Publishing House], 2004, p12.
26
The first publication of this textbook was approved by the MOJ in 1989. It was then revised in 1992,
1994, 1996, 1998, and 2004. By the time of writing this article, I was informed that the authors are
considering another revision of the textbook.
27
Le Minh Tam (d), ‘Bo May Nha Nuoc Xa Hoi Chu Nghia’ [The Socialist State Apparatus], in Hanoi Law
University, ed., Giao Trinh Ly Luan Nha Nuoc Va Phap Luat [Textbook on Themes of State and Law],
Hanoi: Nha Xuat Ban Cong An Nhan Dan [People’s Police Publishing House], 2004, pp. 280-281.
28
Decision No. 52/2008/QD-BGDDT dated September 18, 2008.
29
With the increasing openness and access to foreign training and materials, textbooks and scholarly
articles have included more Western law references. However, it is common that the inclusion of such
materials is to support Soviet legal theories. For example, a tax law textbook is cited as a part of public law

10
themes do not add any clarity to the current status of confusion. Where traditional views
fail to provide guidance for the examination of new legal matters, law teachers often omit
conceptual discussion and take a descriptive approach. Despite the awareness of the need
to objectively re-examine the relevance of Soviet legal doctrines in a market economy,
they refrain from challenging these entrenched theories. This tendency is partly due to the
lack of proper research skills and methodology. In addition, teachers are often reluctant to
touch upon theories because of concerns over political sensitivity. The official notion that
law announces and implements Party policies arguably bars them from investigating other
sources of conceptual justification. For many law teachers and law students, law is an
integral part of politics, and the study of state and law is incomplete without referring to
Party’s resolutions.30

Change Initiatives
Curriculum Development
MOET standard curriculum still leaves certain room for law schools to develop
their own law programs. It is here that students have an opportunity to study subjects
more related to a market economy. Take the example of HLU. A number of new topics
have been added to the training program in an effort to bring law education closer to the
marketplace. In addition, optional subjects are offered separately to students of different
courses. These options now include topics that are relevant to legal practice such as
advising on employment contracts, negotiation and drafting skills, and intellectual
property laws in commercial practice.31
The inclusion of these additional subjects shows a compromise between a
dogmatic approach to law training and reaction to changes in the market place. It should
be noted, however, that the lack of theoretical guidance, as mentioned above, often leads
reform efforts to end in confusion and frustration. Most initiatives relate to technical

to justify the argument that tax law is an independent branch in the legal system in accordance with Soviet
classification theory.
30
The Party’s resolutions are the main source of references for themes of state and law. In fact, students
learn about the development of state and law concepts through the changes in Party’s policies.
31
Website of Hanoi Law University, supra note 21. Time allocation for these new topics, however, is
modest.

11
rearrangement of the curriculum and updating substantive laws. “Old wine in a new jar”
is a common metaphor used by law teachers to describe this process. Corporate finance
law, for instance, was introduced as part of financial law subject at HLU in the late 1990s.
The purpose of this particular topic was to familiarize students with regulations governing
the formation and flow of capital in various types of enterprises. Yet the design of the
chapter did not well serve the purpose and it only gave a mixture of basic economic
notions and a description of substantive law. After several rounds of revision, corporate
finance law was eventually removed from the curriculum. Financial law itself was split
into five separate subjects.32 Scholars with a Western educational background have used a
comparative approach to review this curriculum rearrangement and recommended
procedures for reform.33 However, the remaining dominance of the underlying concept of
instrumental law in all newly created subjects suggests that it may take long time for this
call for radical change to get attention.
Connection to Market Place
In addition to the shortage of conceptual guidance, limited inputs from the legal
profession makes legal academia further isolated from market practices. A prominent
lawyer and public figure commented that legal education is operating in its own closed
circle.34 Only a few law teachers have experience in providing legal services and are thus
aware of the considerable gap that legal dogma creates. Regulations on practicing lawyers
make the situation even worse because they separate the legal profession and law teaching
indefinitely.35
Despite regulatory and institutional constraints, law schools are not entirely
ignorant of market development. HCMC is the fastest growing city in the country, and its
development appears to be driven more by market needs than ideologies. As a
consequence, legal education is under more pressing demand to meet market needs there.

32
These include: tax law, state budget law, banking law, security law, and commercial insurance law.
33
Nguyen Thanh Van, ‘Phap Luat Tai Chinh Doanh Nghiep Trong Chuong Trinh Dao Tao Luat o Vietnam’
[Corporate Finance Law in Undergraduate Law Curriculum], Tap Chi Luat Hoc [Law Journal], no. 4, 2008
(pp. 65–74).
34
Phan The Hai, ‘Danh Thuc Tu Phap De Hoi Nhap’ [Awakening the Judiciary for Integration], Vietnam
Net, 20 December 2006, http://www1.vietnamnet.vn/baylenvietnam/2006/12/645861/, accessed on
September 20, 2008.
35
Law on Lawyers, Article 18.1.a.

12
HCMCLU pioneered the idea of connecting education programs with the labour market.
Workshops were held for legal trainers and potential employers to exchange information
and create networks.36 Radical lecturers actively promote the use of court cases and
precedents as a way of understanding real-life legal problems, or call for systematic
change in order to focus legal education on training practitioners.37 In Hanoi, a research
center attached to the Law Faculty of the National University introduced the idea of
clinical legal education with assistance of an international NGO. All of these individual
efforts, however, are fragmented and small in scale. There is no reported evidence about
the impact of their actions to legal educational life as yet.
Pham Duy Nghia, a leading legal intellectual, has been publicly pushing for
ideological and methodological shift in legal training. He highlights the need to study
legal doctrines intensively and bring legal education closer to market practice.38 Yet
Pham Duy Nghia remains a sole voice on this matter. Twenty years after the country
opened up, it seems apparent that legal academia in Vietnam is still a playing field for the
idea of instrumentalist law and different versions of its modification.
Vocational Training
The JA is where law graduates obtain formal training to join the legal profession.
Regulations on lawyers made JA program compulsory for bar membership. Yet the
underlying idea that shapes the operation of this institution is also the socialist notion that
views lawyers as a part of the judicial supplementary force. They simply support the
judiciary in implementing state law.39 As a result, training of these lawyers focuses more
on fulfilling government targets than preparing students for their future careers. The MOJ
strategy to develop the legal profession indicates that Vietnam will need 8,000 lawyers by

36
Phung Bac, ‘Ket Noi Dao Tao Voi Thuc Tien’ [Connecting Education with Reality], Lao Dong [The
Labour], 13 December 2007, <http://www.laodong.com.vn/Home/xahoi/giaoduc/2007/12/68702.laodong.>,
accessed on August 25, 2008.
37
See Do Van Dai, Luat Hop Dong Vietnam – Ban An va Binh Luan Ban An [Vietnam Contract Law –
Judgement Commentary], Hanoi: Nha Xuat Ban Chinh Tri Quoc Gia [Political Publishing House], 2008.
Le Net, ‘Dao Tao va Nghien Cuu Luat La Goc Cua Cai Cach Tu Phap – Kinh Nghiem cua Han Quoc’
[Legal Research and Training as Foundation of Judicial Reform – the Korean Experience] – unpublished
paper.
38
Pham Duy Nghia, Day Luat o Vietnam [Teaching Law], Vietnam Net, 23 December 2006,
<http://www.vietnamnet.vn/giaoduc/vande/2006/12/647027/.>, accessed on September 17, 2008.
39
See further pages 17-18 below.

13
2010 and 20,000 lawyers by 2020.40 Striving to reach these figures within a period of six
years (2002–2008), the JA has trained approximately 8,000 lawyer students41 – almost
double the number of lawyers that are admitted to practice.
Similar to law schools, the JA is not under any direct pressure to provide qualified
legal professionals for the market. Its training program must adhere to a framework that is
approved by the MOJ.42 Despite high demand for commercial law training,43 the
curriculum is still designed with a heavy emphasis on litigation practice. The institution
claims that it trains to create professional skills, but many believe that what it offers is
mere “theories of skills” and consequently, JA graduates can hardly practice as lawyers
after attending the course.44 The staff are all civil servants and many of them have not
been exposed to legal practice. Practicing lawyers are invited to teach at the JA, but their
involvement is only ad-hoc.
Because the JA is a government branch, private practitioners have no incentive to
press it for better training quality. New regulations for lawyers have embodied new ideas
by providing that the National Bar Association (NBA) can establish its own training
institution, and by requiring that trainers need a minimum of five years practice
experience.45 However, it is still unclear when these regulations will become a reality.46
The JA is a noticeable difference in legal training between Vietnam and China. As
a result of rapid economic development, both countries realize significant gaps between
knowledge-based law training and skill-driven legal practice. To remedy the situation,
China opted to introduce a Juris Master program and legal clinical program that followed

40
Tuan Anh, ‘Nghe Luat Su Se Co Suc Hut Manh’ [The Legal Profession Will Become Attractive],
Vnexpress, 5 June 2008, <http://www.vnexpress.net/GL/Phap-luat/2008/06/3BA02FE0/.>, accessed on
October 12, 2008.
41
See DANIDA Report, supra note 12.
42
Law on Lawyers, Article 12(3).
43
Almost every practicing lawyer in the commercial field admits the shortage of skilled professionals. The
Report mentioned in note 8 above also shows that 88.73% of lawyers students wish to learn more about
commercial law practice.
44
G. Khang, ‘Dao Tao Nghe Luat Su: Thi Hai Mon Ba Diem Van Dau’ [Lawyer Training: Passing
Examination with Three Marks for Two Subjects?], Vietnam Net, 3 August 2006,
<http://www.vnn.vn/xahoi/laodong/2006/08/598255/>, accessed on June 29, 2008.
45
Circular 02/2007/TT-BTP dated April 25, 2007, Section I(1). It is also unclear how the JA will comply
with this new regulatory requirement.
46
See further discussion on the establishment of the NBA in pages 20-22 below.

14
the American model of legal education.47 Meanwhile, Vietnam chose to adopt Japanese
model to set up the JA as a vocational school for all personnel working in the justice
sector including lawyers. The official argument for this structural arrangement is that law
schools teach students basic legal theories while JA provides law graduates with
necessary skills to perform their jobs.48
There maybe a number of reasons for Vietnam’s developmental choice in this
regard. I assume that the enduring socialist ideologies play a role here. As mentioned
earlier, law training in Vietnam is subject to Party’s guidance and control. Scrutiny of
international assistance in legal development may have filtered models that were regarded
as alien to mainstreaming legal thoughts. There was also a pragmatic consideration that
the Japanese model was easier to be adopted in Vietnam given the Asian cultural roots
that the two systems are sharing.49 Other factors such as economic tie or diplomatic
relation may also help explain why American influence in legal education is less
significant in Vietnam than in China. Discussion on international assistance below will
further illustrate this point.
Role of Development Projects in Supporting Legal Education Reform
Legal education reform in China reflects strong American influence, and the Ford
Foundation is an active player in this process. Introduction of American-like clinical
program in Chinese law schools is viewed as a response to governmental policies and
ongoing economic development in China.50 Meanwhile, the development of tertiary legal
education in Vietnam is largely irresponsive to economic development and does not
follow any specific Western model.51 Swedish International Development Agency
(SIDA), as the most visible foreign supporter to legal education in Vietnam, has not been
able to influence structural adjustment of the host institutions.

47
Alison Corner, supra note 7. See further Setsuo Miyazawa, Kay-Wah, and Ilhyung Lee, ‘The Reform of
Legal Education in East Asia’, The Annual Review of Law and Social Science, No.4, 2008, p.335.
48
Interview with JA lecturers in Hanoi, January 2009.
49
LNA Report, supra note 14.
50
Setsuo Miyazawa, Kay-Wah, and Ilhyung Lee, supra note 47.
51
The MOET recently introduced a Western-based model for all university curricula including that of law
schools. This change aims at the whole higher education system, and therefore cannot be viewed as reform
in legal training alone.

15
 Foreign funded projects that promote legal education reform in Vietnam are
subject to special government control. Regulations on the management of international
cooperation in the legal sector establish strict appraisal and approval procedures for all
law projects including those focussing on legal education.52 Without MOJ approval,
training institutions like HLU cannot cooperate with international partners. This filtering
regime has resulted in a limited number of projects for legal training in comparison to
other disciplines.
When donor assistance actually takes place, its impact on local legal education
seems to be marginal. Despite the number of training programs with foreign participation,
study tours overseas, and the facilities provided, most donor-funded projects stay isolated
from local educational life. This situation arguably attributes to the policy objectives of
legal education as discussed above. Established ideologies and institutional arrangements
remains a hindrance to the acceptance of Western approach to pedagogy and legal
training.
Little Western influence is arguably another reason that leads to the low quality of
law training in Vietnam. Complaints about outdated programs and pedagogies are
common among local law teachers. Yet, their frustration hardly attracts institutional
responses or international assistance. In comparison to Chinese colleagues, Vietnamese
legal scholars’ contribution to the reform of legal education seems to be less significant.
Kay-Wah Chan pointed out that hundreds of Chinese scholars were sent to the US and
they stayed in legal education upon their return. Ford Foundation in-country program also
trained a large number of Chinese legal educators. Many of them become deans in
prestigious law schools and top universities.53 The number of Vietnamese law teachers
trained in the West, though small comparing to that of China, has increased recently.
SIDA program with HLU, for example, has trained few dozens postgraduate students.
However, opportunities for the beneficiaries of Western legal education to apply
innovations in their home law schools remain considerably limited.54 Inevitably, part of

52
Decree No. 103/1998/ND-CP dated December 26, 1998.
53
Setsuo Miyazawa, Kay-Wah, and Ilhyung Lee, supra note 47.
54
Martha Ann Overland, ‘Vietnam’s Half-Hearted Welcome Home’, The Chronicle of Higher Education,
24 April 2008, available at <viet-studies.info/>

16
this community has left legal education. While the international component in legal
education has become increasingly important in China,55 academic exchanges between
foreign universities and Vietnamese are only encouraged lately. For example, Wisconsin
University entered into cooperation with HLU and HCMLU whereby American
professors can teach and help develop teaching materials at these schools. HLU and
HCMLU also launched the first joint LLM program with Bristol Law School.56 It is still
too early to assess the impacts of these programs.
In short, the effects of foreign supports for Vietnam legal education are
incremental. Time and generational change is perhaps the best test for a gradual erosion
of the ingrained ideologies.
The Legal Profession
Regulatory Framework and the Evolving Concept
A review of policy and regulatory framework will help inform us about the
development strategy for legal profession and its implication to legal education.
Similar to legal education, the legal profession is a new phenomenon in Vietnam.
Although legal practice was formally organized by the Government after the
independence of 1945, its operation ceased during wartime.57 With the exception of Ho
Chi Minh City, where legal practice has 140 years of existence, interrupted for 14 years
after 1975,58 the major part of the legal profession was born out of economic reform.
The Ordinance on Lawyers Organization of 1987 was the first legislation issued after
Doi Moi that aimed to organize lawyers and their practice. Even so, the underlying idea
for the regulations was still the socialist concept that views lawyers as a part of the
mechanism employed by the state to govern society. At the same time, the Ordinance
included a nascent idea that recognizes legal services as part of the emerging market.
The purpose of lawyers’ work was to provide legal supports to citizens, in which
representation at court was the major task. While being recognized as a professional

55
Setsuo Miyazawa, Kay-Wah, and Ilhyung Lee, supra note 47.
56
Hanoi Law University, <http//www.hlu.edu.vn>. Ho Chi Minh City Law University,
<http://www.hcmulaw.edu.vn/.>, accessed on February 10, 2009.
57
Nguyen Van Tuan, ‘To Chuc va Hoat Dong Luat Su: Thuc Trang va Phuong Huong Doi Moi’
[Organization and Operation of Lawyers: Reality and Orientation for Renewal], Tap Chi Luat Hoc [Law
Journal] (2), 1997, pp. 38–45.

17
organization of lawyers, establishment of a bar had to be proposed by the provincial
Fatherland Front, and approved by the People’s Committee in association with the MOJ.
Lawyers were not allowed to practice as sole practitioners or to establish their own law
offices.
The results of government effort to organize lawyers and direct their practice were
not overwhelmingly positive. Ten years after the 1987 Ordinance was issued, Vietnam
had 52 provincial bar associations with approximately 800 lawyers. About 40% of the
lawyers worked on a part-time basis, and most of the remaining 60% were retired
government officials. Non-litigation matters accounted for only 20% of the total cases
handled by the bar association.59
Rapid market development placed the Party and the government in a position to
further adjust their position in respect of the legal profession. New concepts of “judicial
supplement” [bo tro tu phap] and “socialization” [xa hoi hoa] were created in this
process. Judicial supplement was first mentioned in a meeting of the Party in 1997 in
relation to judicial reform.60 Policy drawn from the meeting stressed that judicial reform
requires the strengthening of judicial supplementary institutions. Among other things, the
government was tasked to renew its state management of lawyers’ practice in light of
socialization policy. This could be done by way of combining state management with
promotion of self-regulation by “professional associations”. In another document issued
in 2001, the Party asserted that the “judicial system includes the court and the procuracy,
police and investigation authorities, and other judicial supplementary institutions such as
lawyers’ organizations, public notaries, judicial examination organizations, and legal
consultancy centers.” This approach was reconfirmed in Resolution 48 and Resolution 49,
although judicial supplement has been expanded to include the borrowed ideas of a
judicial police force and bailiffs.
Despite its new label, the ingrained idea of Soviet instrumentalist law stays alive
in judicial supplement. Structures such as courts and procuracy are regarded as the main

58
HMCBA, <http://hcmcbar.org/.>, accessed on October 10, 2008.
59
Nguyen Van Tuan, supra note 57.
60
Third Meeting, Central Committee of the Party VIII, < http://www.cpv.org.vn/.>, accessed on July 27,
2008.

18
tools to exercise state judicial power. Meanwhile, as before, other institutions, including
lawyers, are seen as “supplementary” or appendices to these state agencies. Their job is to
provide assistance, support, and to add value to the work of the judicial authorities so that
the latter can better implement state laws.61 In this context, lawyers’ practice is presumed
to focus on litigation and representation of clients before the courts. The ultimate purpose
of such representation is to ensure that state law is guarded and well implemented in the
court room.

At the same time, the Party and the state realized there was increasing market
demand for non-litigation legal services, and thus were under pressure to “renew” their
approach to manage lawyers. This is where the concept of socialization comes into play.
It refers to a process in which the state transfers parts of its functions to society. This
creates great confusion and is subject to considerable criticism.62

Legal services are associated with the emerging private sector and are developing
quickly. Being pragmatic, authorities realized that a developmental split was occurring
within the legal community. More progressive members have caught up with market
development and become professionalized, while other turned to the government for
support.63 Their reliance created a burden on the government.64 Therefore, socialization
has been employed to shift part of the government’s responsibilities to the lawyers’
associations. In other words, the policy intention is to create a hybrid form of state control
and self-regulation.65

61
Le Quoc Hung, ‘Bo Tro Tu Phap Trong Nha Nuoc Phap Quyen Xa Hoi Chu Nghia Viet Nam’ [Judicial
Supplement in Vietnam Socialist Law-Based State], Tap Chi Nghien Cuu Lap Phap [Journal of Legislative
Studies], no.63, November 2005, <http://www.nclp.org.vn/.>, accessed on October 11, 2008.
62
Examples include Tuong Lai, ‘Can Hieu Dung Ve Xa Hoi Hoa’ [Need to Have Correct Understanding of
Socialization], 16 July 2007, <http://cpv.org.vn/details.asp?id=BT167074232.>, and Nguyen Sy Dung, ‘Xa
Hoi Hoa’ [Socialization], Nguoi Dai Bieu Nhan Dan, 6 February 2008,
<http://www.nguoidaibieu.com.vn/Trangchu/VN/tabid/66/CatID/1/ContentID/32736/Default.aspx.>,
accessed on October 15, 2008.
63
The President of Phu Tho Bar, for example, asked central and provincial authorities to provide financial
supports for the development of the legal profession. See Nguyen Lich, ‘Vai Tro Tu Quan Cua To Chuc Xa
Hoi – Nghe Nghiep Cua Luat Su’, [The Self-Regulatory Role of Lawyers Professional Association], Dan
Chu va Phap Luat [Democracy and Law], no 12(177), 2006, pp. 29–31.
64
Interview with MOJ official in Hanoi, August 2008.
65
Viet Bao, ‘Se Thanh Lap To Chuc Luat Su Toan Quoc va Toa An So Tham Khu Vuc’ [The Future
Establishment of the NBA and Regional Courts], 29 August 2007, <http://vietbao.vn/Xa-hoi/Se-thanh-lap-
To-chuc-Luat-su-toan-quoc-va-Toa-an-so-tham-khu-vuc/45252357/157/>, accessed on September 25, 2008.

19
 A new Ordinance on Lawyers was issued in 2001 to replace the 1987 Ordinance.
The purpose of enacting this Ordinance was to respond to increasing market demand for
legal services, and at the same time strengthen state management of the legal profession.
Lawyers were entitled to set up law offices for their practice. Bar associations were
defined as professional associations of lawyers, and a national self-regulatory body for all
lawyers (National Bar Association or NBA) was also mentioned the first time. The
implication of socialization for the legal profession, however, was not made fully explicit
until the Law on Lawyers was issued in 2006, and the establishment of the NBA was
initiated.

The NBA Case

The core issue that arises in the setting up of the NBA was how and to what extent
it should operate as a representative and self-regulatory body of the legal profession. The
Law on Lawyers provides a principle that the legal profession will be managed on the
basis of combining state management with self-regulation by professional associations.
However, there is no further guidance of how this principle should be understood.66 As a
result, two sets of interpretations were developed: one that reflects the mainstream state
management orthodox and the other that strives for a liberal understanding of self-
regulation.
Technocrats from the MOJ have borrowed Western models of self-regulation to
prove that the creation of NBA reflects reform for international economic integration. Yet
the independent and representative nature of bar associations in Europe and America was
carefully interpreted to fit the local conditions. Specifically, independence is focused on
the lawyers’ association’s right to set ethical and professional standards for its members.67
Without regarding to other professions where regulations have been decentered,68 they

66
Article 83 defines the scope of state management over the profession including setting development
strategy and regulatory framework, licensing, and approval of NBA charter. Article 65 sets out of a series of
rights and obligations for the NBA including representing the members, setting out ethical standards and
providing on-the-job training for members. However, these two provisions do not clearly indicate the extent
to which NBA can be representative or the level of state intervention in the organization’s function.
67
Le Hong Son, ‘Experience in Developing the Law on Lawyers from the Perspective of Self-Governance’,
workshop paper, available at <http://www.lerap.org/.>, accessed on October 20, 2008.
68
For example, the Ministry of Finance recently authorized the Vietnam Association of Accountants and
Auditors to take part in the formulation of professional standards and registration procedures for the

20
argue that the legal profession is special and its development needs to be subject to state
management. Referring to the immaturity of the legal community, authorities assert that it
is legitimate for them to retain the right of intervention.
The proposal to set up the NBA by the MOJ states clearly that it is necessary to
maintain Party leadership and state management during the formation of the NBA. The
NBA is set to be a member of the Fatherland Front. In addition, the NBA is required to
create a Party unit as an integral part of its organization.69 The Minister of Justice chairs
the Steering Committee that overseas the establishment of the NBA. This Committee
formed a Provisional Council to prepare for the first NBA congress, and it is dominated
by retired government officials.70 Justifying his position, the President of the Council said
that, “the single most important qualification for the head of NBA is political and moral
quality, management and administration skills. As for professional skills and prestige,
that should be understood broadly to cover all areas of justice sector including the courts,
the procuracy, and the police, in addition to the community of practicing lawyers.71
Reaction from legal community to the NBA has been split. Some strongly
advocate the government initiative, while the head of Ho Chi Minh Bar Association
(HCMCBA) stands alone in demanding meaningful self-regulation. A large number of
emerging professionals, however, choose to be quiet observers.
Among others, the Hanoi Bar is most vocal in supporting the MOJ plan. The
former President of the Bar, in his speech about the experience of self-regulation, stated
that, the “Hanoi Bar is very cautious in writing its by-laws to avoid encroaching on the
state management function of government authorities”. Another senior lawyer believes

accounting profession. See Circular No. 72/2007/TT-BTC dated June 27, 2007. This is a part of the
commitments between the Government of Vietnam and international financial organizations including the
IMF, ADB, and the World Bank. See also Hong Phuc, ‘Ra Mat Hoi Kiem Toan Vietnam’ [Introduction of
Vietnam Auditing Association], Vietnam Net, 16 April 2005,
<http://www.vnn.vn/kinhte/taichinhnganhang/2005/04/410943/>, accessed on September 25, 2008.
69
Decision 76/QD-TTg of the Prime Minister dated January 16, 2008.
70
The Chairman of the Committee was the former Deputy Chief Justice of the Supreme Court. Two other
Vice Chairmen used to be senior officials at the Internal Affairs of the Party, and the MOJ.
71
Nghia Nhan, ‘Ra Mat Hoi Dong Lam Thoi Luat Su Toan Quoc’ [Introduction of the NBA Provisional
Council], Phap Luat Thanh Pho Ho Chi Minh [Ho Chi Minh City Law Newspaper], June 5, 2008,
<http://www.phapluattp.vn/tools/printnews.aspx?news_id=217760&thumuc=chinh-tri.>, accessed on
October 25, 2008.

21
not only that a MOJ lead in forming the NBA is necessary, but also that this does not
affect the organization’s independence.72 This view is shared by most provincial bars.73
The head of HCMCBA, on the other hand, insisted that the NBA must be
independent from government involvement in order to be a self-regulatory body. Not only
inheriting a longer tradition of private practice, the legal community in Ho Chi Minh City
has also developed quickly owing to stronger market demand from a commercial hub.
Having approximately half of the lawyer population in the country, HCMCBA is the
largest bar association in Vietnam. It has also actively sought to integrate with the
international community of independent bars. This has placed HCMCBA in a position to
demand more autonomy. Before the Proposal of MOJ to set up the NBA was finalized,
HCMCBA sent a request to the Prime Minister stating that it disagreed with the idea of
having MOJ officials as members of the Provisional Council because they were not
lawyers, and that this would be against the spirit of a professional association. Appointed
as one member of the Provisional Council in June 2008, the President of HCMCBA
withdrew for the reason that the Council is chaired by retired government officials who
have never had experience as practicing lawyers. His exit created the most controversial
event in the establishment of the NBA. Despite all the ups and downs, the Vietnam Bar
Federation (new name for the NBA) was formally set up on May 10, 2009 under the
auspice of the MOJ.
To sum up, ideas on the legal profession in Vietnam have gradually deviated from
the established view of state litigious lawyers to a broader sense of legal services as part
of a market economy. Current policies show a mix of state management with self-
regulation. However, significant differences between the old and new concepts have not
been harmonized, and there are no clear interpretative rules for reaching a compromise.
Given the fact that demand for self-regulation is weak and institutional infrastructure to
support self-regulation is not available, the traditional view of state management over

72
Nguyen Trong Ty, ‘Suy Nghi Ve Mo Hinh To Chuc Luat Su Toan Quoc’ [Thinking about the Model for
the NBA], Dan Chu va Phap Luat [Democracy and Law], no 3(180), 2007, pp 38-40. See further Nguyen
Trong Ty, ‘Buoc Phat Trien Moi Cua To Chuc Luat Su Viet Nam’ [New Development of the NBA], Dan
Chu va Phap Luat, [Democracy and Law], no 7(196), 2008, pp. 34–35.

22
legal profession remains the dominant force. It is also worth noting that structural
adjustment of the legal profession has not established linkages with legal education yet.
Although the Law on Lawyers permits the NBA to set up training institution, the impact
of this provision remains to be seen. State management, as discussed below, discourages
private lawyers to reach out and leverage their influence over legal training.

Economic Integration and Legal Profession Development

It is undeniable that economic development in Vietnam in the last 10 years has led
to more demand for legal services. Between 2001 and 2008, the number of practicing
lawyers increased 250%. Establishment of law offices was allowed in 2001, and by the
end of 2007, the country had approximately 1,500 law firms.74 Many of them enjoy good
business.75 Amongst other things, economic integration with foreign investment and
WTO membership is a great source of pressure for both Government and private
practitioners.76 This is also the area where we see most significant adjustment and
change. For other parts of the system, development has been fragmented and less oriented
to a professional, right-based approach.
WTO membership places the government of Vietnam under a burden of
obligations and challenges. Adjusting local laws to WTO standards is only the first step.
Real challenges come from the implementation of these commitments. Being aware of the
possibility of becoming a litigant under the WTO dispute settlement system, the
government believes that it should be prepared for this eventuality with a pool of world-

73
Thi Tu, ‘Su Tham Gia Cua Bo Tu Phap Vao Hoi Dong Lam Thoi To Chuc Luat Su Toan Quoc: Nen Hay
Khong Nen’ [Should the MOJ Represent in the Provisional Council of the NBA], Phap Luat Viet Nam
[Vietnam Law], January 28, 2007.
74
Do Hoang Yen, ‘Introduction of the Newly-Established Vietnam Bar Federation – Potential and
Challenges’, Paper presented at Bi-annual Legal Partnership Forum, Hanoi June 2009.
75
For example, Luat Gia Pham firm was established in 2001, and now has 12,000 business clients. See
Thanh Minh, Tang Toc Dich Vu Phap Ly [Acceleration of Legal Services], May 25, 2007,
<http://www.chungta.com.vn/Desktop.aspx/ChungTa-SuyNgam/Luat-Phap/Tang_toc_dich_vu_phap_ly/>
76
Truong Nhat Quang and Luu Tien Dung, ‘Vai Tro Tu Van Cua Luat Su Trong Giai Quyet Tranh Chap
Thuong Mai Quoc Te Thong Qua Hoa Giai Va Trong Tai Thuong Mai’ [Roles of Lawyers in Resolving
Commercial Disputes Using Arbitration and Mediation], Dan Chu va Phap Luat [Democracy and Law], no
12(177), 2006.

23
class trade lawyers. Recent trade disputes that involved large state-owned corporations in
international business make the threats more apparent.77
In April 2008, the Prime Minister approved a plan that specifically focuses on
training legal experts and lawyers for economic integration.78 Under the plan, the
government will spend money to send about 50 exceptional candidates from various
government branches to advanced legal systems to study and practice international
commercial law. Upon completion of the training, these officials must go back to their
offices. Although private lawyers can also apply to the program, they are not subject to
the funding scheme of the government candidates. It is also noteworthy that the plan does
not cover law professors and academics.
The move indicates the government’s pragmatic response to the external pressure
of economic integration. It aims to serve the government’s immediate interests and needs.
The fact that foreign education opportunities are chosen implies that domestic training
institutions do not have the same perceived status. Arguably, the top priority here is to
protect national economic interests from the threats of opening up the market to more
experienced trading partners that come from law-based systems. Hence, it is unlikely that
the training program will have a great deal of impact on the development of domestic
legal education and the legal profession.
In the private sector, members of the legal profession who practice commercial
law both enjoy economic development and struggle to keep up with its pace. The major
challenges they face are poor practicing skills and a lack of experience.79 Most
practitioners attribute such lack of skills to the failure of legal education and training.80 In
this situation, on-the-job training is the only way to meet the profession’s needs.

77
Luu Tien Dung, ‘Nhan Viec Viet Nam Gia Nhap WTO – Nghi Ve Dao Dao Phap Luat O Viet Nam’ [On
the Occasion of Vietnam Joining the WTO, Think About Legal Education in Vietnam], Tap Chi Toa An
Nhan Dan [Journal of People’s Courts] no 7, 2007, pp.10–16.
78
See Decision No. 544/QD-TTg dated May 14, 2008.
79
Phan Van Trung, ‘Thang Loi Cua Hoi Nghi POLA La Thang Loi Chung Cua Tat Ca Luat Su Chung Ta’
[The Success of POLA Conference is the Victory of All Our Lawyers], <http://blog.360.yahoo.com/blog-
g9FarTolabPlqeyYo8VWAJe1irDsJA--?cq=1.>, accessed on October 2, 2008.
80
Ibid. See further ‘Hoi Thao: Luat Su Va Hoi Nhap Quoc Te: So Luong It, Chat Luong Yeu’ [Seminar on
Lawyers on Economic Integration: Low Quantity and Poor Quality], 2006,
<http://www.vnlawfind.com.vn/.>, accessed on September 29, 2008.

24
 Foreign law firms appear to positively contribute to the development of legal
profession in Vietnam and have not been viewed as a threat of competition. This is
arguably because the legal service market in Vietnam is still relatively small, and foreign
firms have their own client base which is only marginally accessible by Vietnamese
firms. Foreign lawyers play a critically important role in coaching and mentoring their
local colleagues. Professional working environment in international law firms also
supports a quick and effective transfer of skills.81 All top commercial Vietnamese lawyers
and law firms have developed their abilities and knowledge base through connections
with foreign firms. As one successful lawyer remarks, all his skills were obtained when
working with foreign colleagues. Government officials also informally acknowledge the
contribution of foreign lawyers in developing capacity and setting professional standards
for the local legal profession.82
Self-reliance has been regarded as a strong trait of Vietnamese people and this is
also true for the emerging Vietnamese legal professionals. Learning by doing and peer
assistance has been adopted as a “model” for improving professional standards and
service qualities for many law firms.83 In addition, informal networking events are
occasionally organized by ad-hoc groups of young professionals to share information and
discuss technical issues. Given the weakness of the legal education system, self-training
appears to be an effective way for the legal profession to develop under market pressure.
On the other hand, that contributes to the on-going lack of demand for change from
formal training system.
Despite positive contribution from foreign counterparts and on-going self-help,
the legal profession in Vietnam is far from being a professional community. Generational
and ideological gaps between practitioners make it hard to achieve consistent
cooperation. Lawyers who were trained in the Eastern bloc or before Doi Moi often find
difficulties in reaching a common understanding on legal matters with their younger

81
Phan Van Trung, supra note 79.
82
Anh Thu, ‘Gia Nhap WTO Can Rat Nhieu Luat Su Gioi’ [Joining the WTO, We Need Many Quality
Lawyers], Vnexpress, 26 February 2005, <http://www.vnexpress.net/GL/Phap-luat/2005/02/3B9DB978/>.
83
Gia Hi, ‘Luat Su Hoc Ngay Tai Noi Lam Viec’ [Lawyers Learn in Their Workplace], Phap Luat Thanh
Pho Ho Chi Minh [Ho Chi Minh City Law Newspaper], February 24, 2009,

25
colleagues who either enjoy Western-influenced education or are quicker to adapt to the
market economy. Since Confucian norms require respect and obedience to seniority,
young professionals may have considerable reluctance to partner with older colleagues,
despite their rich experience with the system. While self-reliance is a strong character, a
poor ability to cooperate has been criticized as a crucial weakness of the Vietnamese. The
lack of a corporate governance framework makes the matter worse when liabilities and
profit sharing are involved. Dissolving partnerships has been a common phenomenon.
Trust and loyalty that come from empathic friendships or family relations remain crucial
in tying legal professionals together. Successful firms can do well with their revenues, but
make limited progress in growing up as business corporations.84
The immaturity of the profession, and local business culture have further detached
legal profession from legal education. While ad-hoc gatherings exist, private practitioners
have never used alumni association to assert their influence legal educators. The primary
concern for local firms is to safeguard their business by influencing authorities. As such,
they have no interest in using donations and scholarships to leverage more influence over
law training.
Given the strong non-litigious nature of Vietnamese society, it is common for the
public to view lawyers as middlemen (thay co) who involve in the settlement of conflicts
by facilitating a deal between their clients and state authorities including the courts.85
Legal education has never attempted to address or challenge this public perception. This
is arguably because of the ideological belief mentioned earlier that legal education is to
train state officials instead of private lawyers. Likewise, the well-established notion of
lawyers as a judicial supplementary force in a market economy can create confusion
about professional standards instead of promoting them.

<http://www.phapluattp.vn/tools/printnews.aspx?news_id=226926&thumuc=toa-an>, accessed on
September 30, 2008.
84
Nguyen Huu Phuoc and Ngyen Gia Chuong, ‘De Viet Nam Co Nhung Hang Luat Chuyen Nghiep’ [What
to Do to Have Professional Law Firms in Vietnam], Thoi Bao Kinh Te Vietnam [Vietnam Economic
Times], July 20, 2007, <http://www.vneconomy.vn/67995P0C5/de-viet-nam-co-nhung-hang-luat-chuyen-
nghiep.htm.>, accessed on October 1, 2008.

26
 Conclusion
This study argues that both legal education and the legal profession in Vietnam
have been unable to generate material change and to improve their connections.
In comparison to China, socialist legal thinking seems to remain a greater degree
of influence in contemporary Vietnam. A strategic objective set from the top has
significantly distanced training institutions from the market place. This reinforces the
long-term position of law schools that they never need to care whether their training is
responsive to market demand. Compared to other areas of the legal system in Vietnam,
change in legal education has been incredibly slow. Ideologies play an important role
here. Despite having a presumed role of manufacturing thoughts and ideas, the legal
academy has shown an exceedingly intolerant attitude to unfamiliar thinking. Although
adjustments have been made, they are done when comforts are ensured. Individual
attempts with critical thinking may appear from time to time, but are quickly eroded by
institutional constraints. While intellectuals of other disciplines have been more vocal in
public arena, legal scholars generally remain quiet.
It is argued that political mandate is the main justification for this situation. Since
the purpose of legal education is training state officials, cultivating the Party’s ideologies,
and consequently influencing the mass legal consciousness, importation of democratic
legal doctrines and right-based ideas will challenge these goals. The other explanation is
that education in Vietnam, like in many other Asian societies, has been traditionally
knowledge-based, but not skill-based.
Being an integral part of market development, the legal profession has been much
quicker than legal education in departing from formal ideology. Yet a tug-of-war
describes the situation best. Economically independent professionals have been tolerated
when operating within the orbit of Party’s policies. However, a liberal concept that allows
them to organize and self-govern has eventually given way to state management. In
addition, the prevailing preference for tradition shows that the legal profession itself is
not ready for change. The majority of Vietnamese lawyers is not agitating for system
change but is primarily concerned with developing the skills required by modern legal

85
Supra note 80.

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practice. As a result, they have little or no interest in influencing change in legal
education.
With the fast pace of economic and social change, we may expect that legal
profession Vietnam would become more developed and mature. Consequently, their
innovation and aggression would influence legal development policies to a more
significant extent. Legal interpretative rules would gradually take shape and offer more
options for resolving legal problems. Legal education could also benefit from this
process. Policy to connect the legal profession with legal training under the Law on
Lawyers, when rigorously enforced, could provide positive results. However, I would
adopt a cautious speculation that these changes will be gradual and incremental instead of
transformational.

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