TAPL
TAPL
GROUP ASSIGNMENT
SUBJECT: BASIC LEGAL ENGLISH
TOPIC: Legal education in Viet Nam
CLASS: N01
Ha Noi, 2024
GROUP WORKING MINUTES AND DETERMINATION OF THE
LEVEL OF PARTICIPATION IN GROUP EXERCISES
Date: 22/04/2024 Location: Trường Đại học Luật Hà Nội
Group: Class: N01 - 4735
Total number of members of the group: 04
+ Present: 04
+ Absence: 0 With reason: 0 No reason: 0
Level of individual participation in group exercises:
ID sign
Scores Letter
A B C point
BODY
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In Vietnam, this component of knowledge is considered to be
‘fundamental elements’ in the Bachelor of Law degree and is consequently
required for all undergraduate law students. The issue of required fundamental
knowledge is not unique to Vietnamese legal education. In the Japanese system,
for example, there are six fundamental law areas (the Civil Code, the
Commercial Code, the Criminal Code, the Constitution of Japan, the Code of
Criminal Procedure and the Code of Civil Procedure) required for all
undergraduate law students. To some extent, the required fundamental academic
knowledge for admission is necessary to ‘standardize’ legal education and the
legal profession of a country.
1.3.4. Real-time situation
At the undergraduate level, by April 2022, there were more than 40 institutions
in Vietnam offering legal education. They are producing approximately 20000
law graduates mostly from HLU and ULAW which are two major law schools
in Vietnam.10 These universities are commonly known as ‘specialized’ or ‘stand-
alone’ law schools established under the direct administration of the Ministry of
Justice and the MOET.
1.4. Challenges of Vietnamese legal education
1.4.1. Lack of autonomy and flexibility
Legal education has been criticized for failing to not efficiently prepare
students for the profession. Due to the fact that Vietnam is pursuing a
sustainable legal foundation, which is building laws to predict events that will
occur – statutory law; instead of using laws to immediately resolve problems
arising – precedent, the legal education absolutely has to follow this direction.
As a result, Vietnamese law schools’ curriculums are considered to be too rigid
and theoretical. At present, there are not many opportunities for students to
practice law at school. Although at many Vietnamese law schools like Hanoi
Law University, students have many opportunities to express their legal point of
10
Ai Nhan Ho (2017), Legal Education in Vietnam: The History, Current Situation and Challenges
9
view and research into many legal areas to consolidate legal knowledge, it is still
undeniable that shaping student’s thinking based on preconceptions of
something already available instead of promoting legal thinking still exists. This
can be seen as a major gap in the Vietnamese system.
According to Chirot and Wilkinson, the absence of university autonomy
can be seen as a significant flaw in the Vietnamese educational system. To be
more specific, they contend that “no level of financial resource will be enough”
to change higher education in Vietnam “without a fundamental reordering of the
relationship between academic institutions and the state, no level of financial
resource will be enough”.11 Similarly, the 2009 US-Vietnam Education Task
Force Report indicated that “Vietnamese education institutions must be able to
operate with greater autonomy as well as greater accountability ...” 12
1.4.2. Lack of professional knowledge and skills
The undoubtedly issue which is happening is the lack of practical law
skills among law university students. There are various reasons for this issue,
but it always comes from some main factors. Firstly, the curriculum emphasis
may focus more on theoretical knowledge rather than practical skills. Students
have to spend a significant amount of time studying laws and regulations but
have limited opportunities to apply that knowledge in real-world scenarios.
Secondly, the limitation in clinical education, clinical law education, where
students work on real cases under the supervision of experienced lawyers, might
be lacking in Vietnamese law schools. Without hands-on experience, students
may struggle to develop essential skills such as legal research, writing, and
client counseling. Moreover, language barrier, which is crucial for legal studies,
especially in accessing international legal literature and participating in global
legal competitions. If students face language barriers, it can impede their ability
to develop practical lawyer skills effectively. Finally, cultural factors, cultural
11
Laura Chirot and Ben Wilkinson, The Intangibles of Excellence: Governance and the Quest to Build a
Vietnamese Apex Research University
12
Department of State, United States of America and Ministry of Education and Training, Socialist Republic of
Vietnam, US-Vietnam Education Task Force Final Report
10
norms and values in Vietnam may prioritize rote memorization and deference to
authority over critical thinking and problem-solving skills. As a result, students
may not be encouraged to question legal principles or engage in analytical
thinking, which are essential for practicing law effectively.
1.4.3. Lack of training in legal ethics and professional responsibility
The absence of professional responsibility and legal ethics knowledge
from the existing curricula is another limitation of the current system. One
possible reason for this situation is the two-stage legal education system, in
which general education is delivered by law schools, whereas professional
training, including legal ethics and professional responsibility, is the Judicial
Academy’s business. However, many scholars believe that professional
responsibility and legal ethics are not taught effectively at these professional
schools. While 'experiential learning' is widely recognized as an effective
method for teaching and learning professional responsibility and legal ethics,
most Vietnamese professional schools still rely heavily on lecture-based
teaching methods.
Another reason contributing to the lack of professional responsibility and
legal ethics in Vietnamese law schools may be the low percentage of law
graduates who plan to pursue legal careers. This situation has made many people
believe that professional responsibility and legal ethics knowledge is necessary
only for those practicing law. For this reason, these knowledge and skills are not
part of the curricula in many Vietnamese law schools.
2. Legal careers in Vietnam
When it comes to studying law, the first thing that many people
immediately think of is to become a lawyer after graduating. But in reality, that
is not the case. The law field provides learners with knowledge related to the
analysis, use and application of law appropriately. Having a deep knowledge
base of the law, learners can apply it in many different professions, as every
field is regulated by law. There are numerous legal career paths available in
Vietnam.
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2.1. Lawyer
As a vital part of the country's legal system, lawyers offer independent
judicial positions and provide advice, representation, and advocacy to
individuals, businesses, or organizations on legal matters. Lawyers are trained in
the law and have a deep understanding of legal principles, procedures, and
regulations. According to Article 10 of the Law on Lawyers, to become a lawyer
in Vietnam, citizens must hold Vietnamese citizenship and complete a bachelor
of law degree. Besides, they have to participate in a lawyer training course,
complete legal profession probation, and more. They must also obtain a Law
Practicing Certificate and join a Bar Association.13
In Vietnam, there are two types of lawyers, solicitors and barristers. A
solicitor is responsible for providing specialist legal advice to their clients,
which can range from an individual to an organization. On the other hand, a
barrister represents their clients in court and provides specialist advice in their
area of expertise. Although there can be some crossover between the roles, there
are some differences. For instance, solicitors may represent their clients in court
if they are granted “rights of audience”. However, barristers can work at much
higher levels of court than solicitors.14
2.2. Judges
Judges, who usually work in the People’s Court, which is the judicial
branch of the Socialist Republic of Vietnam, is a person who presides over court
proceedings, either alone or as a part of a panel of judges. They are required
to meet all the conditions and criteria stated by the Law and are appointed by the
President to perform their duty of adjudication in accordance with Clause 1,
Article 65 of the Law on Organization of People’s Court 2014.15
While performing their duties, the judges act independently and only
follow the law. They are not influenced by any agency, organization, or
13
Bao Luan (2022), Criteria and conditions to become a lawyer in Vietnam
14
Grant Longstaff (2023), What are the main differences between a barrister and a solicitor?
15
Nguyen Thi Diem My (2023), Who is the judge? Conditions for appointment of judges in Vietnam
12
individual and are solely responsible for their work. Therefore, the main
requirement for judges is to have extensive legal expertise. The other necessary
qualifications for this profession may include possessing a bachelor or higher
legal professional degree in law, having a certificate in trial profession training,
and having sufficient experience in legal practice. Moreover, becoming a judge
in Vietnam demands a specific set of requirements and steps that candidates
must follow.
2.3. Prosecutor
In Vietnam, unlike most countries, the title of prosecutor does not exist,
and instead, it is called a procuracy who prosecutes and supervises legal
activities in. It is made up of people appointed according to the law. While the
prosecutor in many other countries presents the case, investigates, provides
evidence, and proposes a penalty, Vietnamese procuracy upholds the
Constitution and laws, protects human and citizen rights, the socialist regime,
and the legitimate rights of the individual, organizations and the state, ensuring
consistent and strict enforcement of laws.
To become a prosecutor in Vietnam, besides possessing an undergraduate
or bachelor's degree in law from a recognized university or law school,
candidates must also follow a specific set of requirements, such as enrolling in a
legal training program, passing the National Bar Exam, gaining practical
experience and applying for positions as a prosecutor in the Public Procuracy of
Vietnam. If selected, further training may be required to develop the necessary
skills and knowledge specific to the role.
2.4. Other legal careers
Besides the legal careers that play an essential role in the legal system
mentioned above, possessing exhaustive legal knowledge and expertise can also
help people access countless legal career paths in Vietnam
One of the typical examples is becoming a law lecturer. Law lecturers are
individuals who are recruited to teach at the college and university level. They
have a deep knowledge base of the law and have invested considerable time in
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researching it. Their tasks include teaching, scientific research, and training to
improve their professional qualifications, which requires an in-depth
understanding of the law.
Another commonly mentioned example is becoming an in-house counsel.
In-house counsels provide legal advice to their company organization on various
matters, including contract drafting and negotiation, compliance with laws and
regulations, and dispute resolution. They must also stay up-to-date with changes
in the legal landscape and provide guidance on potential risks and opportunities.
And finally, we can not ignore the option of becoming a notary. Notaries
are civil servants in the judicial sector and can work in either state agencies or
private organizations. Notaries primarily certify the authenticity and legality of
contracts and other transaction documents, ensuring their accuracy, legality, and
non-contravention. They are also responsible for verifying the social ethics of
document translations required by law or voluntarily requested by individuals
and organizations.
3. Compare legal education in Vietnam versus in other countries
3.1. Duration and Structure
Legal education in Vietnam typically begins at the undergraduate level
and lasts for four to five years for a Bachelor of Laws (LL.B.) degree. In
contrast, the duration and structure of legal education vary in other countries; for
example, in the United States, students pursue a Juris Doctor (J.D.) degree after
completing a bachelor's degree, typically taking three years to complete.
3.2. Curriculum and Focus
Legal education in Vietnam focuses on foundational subjects such as
constitutional law, civil law, criminal law, and administrative law. There's a
significant emphasis on memorization and understanding of legal codes and
statutes. Legal education in common law countries covers similar subjects but
also places a strong emphasis on case law, legal reasoning, and analysis.
Students are often encouraged to engage in critical thinking, legal research, and
writing.
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3.3. Teaching Methods
In Vietnam, teaching methods often involve rote memorization and
lectures, with limited opportunities for interactive learning or practical
application of legal concepts. On the other hand, legal education in other
countries often incorporates more interactive teaching methods, such as case
studies, moot courts, and clinical programs, to develop analytical and advocacy
skills.
3.4. Practical Training
Practical training opportunities, such as internships and clinical legal
education, may be limited in Vietnam compared to other countries. In contrast,
in countries like the United States, United Kingdom, and Germany, practical
training is often an integral part of legal education, providing students with
hands-on experience in legal practice through internships, and clerkships.
CONCLUSION
In summary, legal education in Vietnam is evolving to meet the changing
needs of its legal system and society. Rooted in the civil law tradition,
Vietnamese legal education emphasizes statutes and codes but is increasingly
incorporating modern teaching methods and practical training opportunities.
While challenges like limited interactive learning persist, efforts to enhance
quality and relevance are underway. As Vietnam progresses economically and
socially, investing in legal education can produce skilled and ethical legal
professionals vital for addressing contemporary legal challenges and promoting
the rule of law and sustainable development within the country.
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REFERENCES
A. Legislation
1. Law on Organization of People’s Court 2014
2. Law on lawyers 2006
3. Resolution 49/NQ-TW of 2005 on the Strategy to build and improve
Vietnamese legal system by 2010, with a vision toward 2020, issued in
2005 by the Vietnamese Central Committee of the Communist party
4. Resolution 08-NQ/TW of 2002 on a number of key tasks of judicial work
Ministry of Politics
B. Book, thesis
5. Ai Nhan Ho (2017), Legal Education in Vietnam: The History, Current
Situation and Challenges
6. Bui Thi Bich Lien (2010), Legal Education and Legal Profession in
Contemporary Vietnam – To Change or not to Change?
7. Bui Thi Bich Lien (2005), Legal Education in Transitional Vietnam
8. Dr. Phan Thi Lan Huong (2017), CURRENT LEGAL EDUCATION IN
HANOI LAW UNIVERSITY: Its Challenges and Prospects
9. Laura Chirot and Ben Wilkinson (2009), The Intangibles of Excellence:
Governance and the Quest to Build a Vietnamese Apex Research
University
10.Department of State, United States of America and Ministry of Education
and Training, Socialist Republic of Vietnam (2009), US-Vietnam
Education Task Force Final Report
C. Website
11.Sidel, Mark (1993), Law Reform in Vietnam: The Complex Transition
from Socialism and Soviet Models in Legal Scholarship and Training,
https://escholarship.org/content/qt58m3f368/qt58m3f368.pdf?t=n4ovlg,
visit website on 21/4/2024
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12.The School of Law (2022), The introduction of Vietnam National
University,http://law.vnu.edu.vn/article-Gioi-thieu-Khoa-Luat-12609-
1103.html, visit website on 21/04/2024
13.UEH School of Law, The history of the Legal Education,
https://law.ueh.edu.vn/ve-khoa-luat/lich-su-hinh-thanh/, visit website on
21/04/2024
14.HUL, The history of HUL, https://hul.edu.vn/vi/page/so-luoc-lich-su, visit
website on 21/04/2024
15.Nguyen Thi Diem My (2023), Who is the judge? Conditions for
appointment of judges in Vietnam,
https://lawnet.vn/thong-tin-phap-luat/en/tu-van-luat/who-is-the-judge-
conditions-for-appointment-of-judges-in-vietnam-113713.html, visit
website on 21/04/2024
16.Grant Longstaff (2023), What are the main differences between a
barrister and a solicitor?, https://s.net.vn/wyO7 ,visit website on
21/04/2024
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