Diversity and inclusion in legal profession in Vietnam

 

In the process of development, Vietnam is considered one of the countries with the leading speed of economic integration and development in Southeast Asia. That rapid development brings a lot of diverse integration opportunities and challenges for all fields, including the legal field. Diversity and inclusion are clearly shown in the forms of legal service provision as well as in individuals engaged in the legal profession in Vietnam.

In the context of the market-opening policy, legal and judicial relations between Vietnam and other countries in the region and the world are increasingly developing. That situation calls for the rapid introduction of regulations on law practice as well as jurist standards to match the market mechanism. Furthermore, fostering diversity and inclusion within the legal profession is imperative to ensure equitable access to justice and uphold the principles of fairness and equality in Vietnam’s evolving legal landscape.

Accordingly, the Government of Vietnam has issued several documents related to law practice, which can be mentioned as Law on Lawyers (2006), Law on Lawyers (amended and supplemented in 2012), Decree No. 4529/VBHN-BTP dated November 26, 2018, detailing some articles and measures to implement the Law on Lawyers, Charter for Jurists, etc. These documents have created a relatively adequate legal framework for the practice of diversity and inclusion in the legal profession in Vietnam.

1. Diversity in the forms of legal practice

Previously, according to the provisions of the Ordinance on Lawyers in 2001, a lawyer was only allowed to practice in a law-practicing organization (establishing or participating in the establishment of a lawyer’s office, a law partnership firm, or working under a contract for law-practicing organizations, including foreign law-practicing organizations in Vietnam). The Law on Lawyers has expanded the practice of lawyers, whereby lawyers not only practice in law-practicing organizations but also are allowed to practice as individuals in the form of self-performing legal services for clients under a legal service contract or working for an agency or organization under an employment contract.

Regarding the form of a law-practicing organization, a law-practicing organization is established in one of the following two forms:

• A lawyer’s office is established by a lawyer and is organized and operates in the form of a private enterprise;
• Law firms include a partnership law firm and a limited liability law firm. Compared with the Ordinance on Lawyers in 2001, Law on Lawyers 2006 added the form of limited liability law firms.

Moreover, to be consistent with the provisions of the Law on Enterprises, the Law on Lawyers also stipulates that a limited liability law firm can be a multi-member limited liability law firm or a single-member limited liability law firm. Thus, the form of law-practicing organization has also been expanded, creating favorable conditions for lawyers to choose a practicing form to make the most of their ability

From the above changes, according to the provisions of current law, an individual(s) practicing in the legal profession can choose one of the following forms:

• Lawyer(s):
  • practicing in a law-practicing organization (law firm or lawyers’ office);
  • practicing as an individual;

or

• Jurist(s) (without a lawyer-practicing certificate) participating in legal proceedings, providing legal services and legal advice as assigned by the Legal Aid Center or Legal Counseling Center as a People’s Defense Advocate, Legal Assistant, Legal Aid Collaborator, or Legal Consultant.

Regarding the scope of practice

Vietnam’s legal profession has access to a completely new and large service market, thereby promoting the diversity of business types in the legal profession, such as intellectual property, the stock market, and the financial instrument market. This promotes diversity and flexibility in the form of practice in the field of law to be able to support clients, not only in the form of non-criminal services provided by the law firm or lawyer’s office (mainly engaged in economic and civil litigation), but also extends to other forms of legal advice provided by jurists and individual practicing lawyers concerned with commercial activities, foreign investment, mergers and acquisitions, and negotiations in international cooperation agreements.

However, the legal market in Vietnam is still young, the number of lawyers and jurists compared to the total population is relatively low and has not been developed in the balance between urban (mainly Ho Chi Minh City and Hanoi) and rural areas, such as plains, mountains, and midlands. Regarding the current law-practicing organizations, according to the assessment, there are more than 100 leading law firms in the market, including foreign law firms.

In addition, more than 4000 small law offices are operating mainly in the field of civil proceedings. The main fields of operation in the market, as mentioned above, include commercial activities, investment, mergers and acquisitions, financial and banking transactions, transactions on intellectual property, and other litigation activities.

2. Diversity in gender and sexual orientation

With the development of society, gender diversity is no longer a strange issue, and the issue of gender equality is also receiving much attention in countries around the world.

Vietnam’s culture was influenced by Confucian thought through feudal periods, but with socio-economic development and strong changes in the family and society, there have been many qualitative changes in gender and women’s issues. The rights and roles of women in society changed substantially, but opportunities for women in law were slow to emerge. The male-dominated legal profession was slow to embrace the entry of women into the profession, even though the percentage of female students at law universities or law faculties at other universities is higher than that of male students.

The State of Vietnam pays attention to recognizing and protecting women’s rights, such as gender equality provisions in the Constitution, the Law on Gender Equality, policies to ensure the equal working rights of female workers, and the material and spiritual welfare of female employees in the Labor Code. However, gender inequality still exists because of the barriers that Vietnamese women face, coming from businesses, families, and even from themselves in the path of personal development to succeed.

The enterprises (including enterprises in the legal profession) are not interested in implementing and developing gender equality policies in the working environment, including fair and non-discriminatory recruitment policies.

For example:

In practice, gender requirements (male only) have been set publicly or not publicly when recruiting employees for legal work in enterprises (i.e., real estate companies, construction, project development, etc.) or at some law firms or lawyers’ offices. The employers believe that if women get married and have children, they will face many problems, such as spending too much time taking care of their family and children, having no time to work, and not being able to focus on work. They can be reluctant to hire female employees because they anticipate that they do not want to deal with pregnancy and maternity leave and often find a replacement, so women are not appreciated for their achievements even though they work very hard and strive.

In addition, gender discrimination still exists in matters of salary and bonus. Although the experience and professional capacity of male and female employees may be similar, the salary, reward, and welfare policies between male and female employees do not ensure fairness, and there are still many barriers to promotion for female employees.

Article 135 (Labor Code 2019) provides that the employer has the responsibility to “1. Ensure gender equality and implement measures to promote gender equality in recruitment, job assignment, training, working hours and rest periods, salaries, and other policies.” The above conclusion comes from the fact that female employees face many difficulties when balancing family life and career. Female employees not only have to complete the work well but also take care of the family. The reason is due to the prejudice of society: the man is the breadwinner of the family, and the woman must play the role of taking care of the family and children.

LGBTQ+ individuals have not been officially and legally recognized by the state because, under the Constitution of 1992, the state only recognizes two genders, male and female, and Article 63 of the Constitution stipulates that “female and male citizens have equal rights in all aspects of politics, economy, culture, society, and family.”. Because the Constitution does not recognize the existence of LGBTQ+ individuals, other legal documents and by-laws also only recognize and stipulate rights and obligations for two basic gender groups: male and female. But they still live and exist, along with the basic rights of Vietnamese citizens. This non-recognition has caused difficulties for the legitimate rights and interests of this group of people.

In recent years

The legal community has been instrumental in the development of laws that address discrimination based on sexual orientation in employment, housing, and places of public accommodations; accordingly, formulating laws on ensuring human rights and citizens’ democratic freedoms; and then the Draft Law amending the Law on Marriage and Family, presided over by the Ministry of Justice, also mentioned the issue of same-sex marriage as a good sign for the gay community in Vietnam.

Although Vietnam has paid a lot of attention to gender equality and the protection of vulnerable groups through labor law in recent years, social stereotypes against LGBTQ+ individuals in companies are still an important issue. Discrimination still exists in companies in general [1] and in the legal profession in particular. It is difficult for this group of people to find a job that matches their aspirations and abilities. LGBTQ+ individuals whose sexual orientation and gender identity are not apparent are “safer” if they keep their identities to themselves.

To gradually remove barriers leading to gender inequality in the working environment, women, or LGBTQ+, not only need support from their families and companies but also from society and the government. Companies need to treat all their employees fairly, including equal benefits and opportunities for women, the provision of spousal benefit packages, insurance, and social benefits for same-sex couples and their children, and the same rights as opposite-sex couples. In addition, the government should develop an adequate legal framework and apply practical policies to ensure gender equality and the rights and interests of every individual, regardless of gender.

3. Diversity in ethnicity

By the end of 2021, the number of lawyers nationwide was more than 16,000; along with the increase in the number of lawyers, the number of law-practicing organizations had also increased significantly. Currently, there are over 4,000 law-practicing organizations nationwide. In general, the number of lawyers and law-practicing organizations in the provinces and cities has grown, expanding to the provinces, basically meeting the needs of the proceeding agencies and the need for legal consultation among the locals. However, the current lawyer-to-population ratio remains too low, and the development of the contingent of lawyers still sees a significant imbalance between urban areas and rural areas, delta areas, and mountainous areas.

Specifically, the growth in the number of lawyers is mainly concentrated in two big cities, Hanoi (4,752 lawyers) and Ho Chi Minh City (6,489 lawyers), accounting for more than two-thirds of the total number of lawyers in Vietnam, while there are bar associations with only 10 to 20 lawyers, such as the Bar Association of Kon Tum, Dien Bien, Lai Chau, Quang Tri, and Ha Giang.

The mentioned significant imbalance is derived from the nature of the legal profession as a free profession. Indeed, the lawyer’s activities are regulated according to the market mechanism, so the lawyer’s activities primarily depend on the needs of society. The uneven development of socio-economic conditions among provinces and cities, different income levels of people in the provinces and cities, incomprehensive perceptions of state authorities, organizations, and people, and awareness of the community regarding the position and role of lawyers have had a significant impact on the development of the legal profession in general as well as the development of the number of lawyers and the demand for using legal services in particular.

In addition

Access to the training program for bachelor of law and the training and practice program for trainee lawyers is limited because law universities and universities have law faculties and branches of the Judicial Academy are mainly located in big cities. The policy of attracting and developing a team of qualified and ethical lawyers, especially the team of lawyers serving international integration, has not been effective. The operation scale of several local law-practicing organizations is still small, unevenly distributed, operating without professionalism, and with low competitiveness.

There is no specialized organization in the fields of investment, business, and commerce. To ensure equal distribution and enhance ethnic diversity in the legal profession, the government and competent agencies need to have policies to support localities with difficult economic conditions, including policies to support the training and practice of lawyers to meet the legal advice needs of the people. Policies to disseminate legal knowledge of the people so that they know their legitimate rights and interests by the law seem necessary as well.

4. Diversity in age

There are no regulations that limit the minimum age and the maximum age of practitioners in the field of law (whether lawyers or jurists). In general, lawyers may practice later because they must go through the lawyer training course and apprenticeship, while jurists can practice earlier and more accurately, right after they graduate. Both have a more diverse and flexible working age compared to the workforce in other fields.

To become a lawyer, an individual must have:

• a bachelor’s degree in law with 4 years of study at a law university or law faculty of other universities;
• a lawyer training course (term of 12 months);
• an apprenticeship at offices or law firms (term of 12 months);
• an examination at the end of the apprenticeship period; and
• a lawyer practicing certificate.

On the other hand, to become a jurist, an individual must have:

• a bachelor’s degree in law or higher, or
• a bachelor’s degree in another major and have been doing legal work for three years or more.

The earliest age to practice law in the field of law is 22 years old and there is no regulation on the age limit for practice. Strengths and limitations for lawyers and jurists may be identified by age groups. Young lawyers and jurists will have dynamism, enthusiasm, and the ability to learn and have new perspectives and judgments on legal issues, but they will lack experience and the ability to handle legal situations. The team of middle-aged lawyers and jurists will have a lot of experience and ability to handle situations, but sometimes they will be conservative in accepting new perspectives and lack flexibility. Diverse lawyers and jurists bring different perspectives, experiences, and opinions to identifying, addressing, and resolving legal issues.

5. Diversity in religion

Vietnam is a multi-religious country. According to incomplete statistics, Vietnam has about 95% of the population with beliefs and religions (including Buddhism, Catholicism, Protestantism, Cao Dai, Hinduism, etc.), in which Buddhism and Catholicism account for a higher percentage than the remaining religions. With the policy of respecting religious diversity and ensuring everyone’s right to freedom of faith and religion, the right to follow or not to follow religion, and equality before the law, Vietnam has reached many achievements in ensuring everyone’s right to freedom of faith: the number of religious establishments is increasing; there is a large scale of faith and religious activities; authorities at all levels ensure security and order, fire prevention, food hygiene; and safety for religious activities and/or events related to religion.

In general, religious discrimination is virtually nonexistent in the legal profession. Every individual has the awareness of respecting the religions of others and treating them equally. In addition, the diversity of religions in the working environment in the legal profession makes it much easier to approach clients or partners in many different cultures and to create diversity in group of clients in line with the situation of international integration and promoting investment in Vietnam.

6. Diversity in disability

In recent years, educational activities as well as the social community have tried their best to help individuals with disabilities integrate into society. However, individuals with disabilities in Vietnam still need more attention and protection from the State and social community to make up for their disadvantages compared to ordinary individuals. They are facing many difficulties and challenges:

• stigma and discrimination in life and society;
• difficulties in learning (lack of books and textbooks in Braille, audio files, etc.);
• difficulties in getting jobs or limitations in business areas (only making handicrafts, toothpicks, fans, massage, etc.);
• difficulties in capital funding; experience for business;
• accessibility to common social services;
• lack of supportive policies;
• adapted transportation (for example: the visually impaired person faces difficulties in learning because of the lack of appropriate textbooks and teaching methods).

In the legal profession, due to the peculiarities that require the ability to withstand high pressure and constantly move to perform the role of a lawyer, there are still existing barriers for individuals with disabilities.

Here are a few examples of individuals with disabilities who, with their efforts to overcome adversity, can study and work in the legal profession in Vietnam, typically Mr. Nguyen Van Thinh, who is visually impaired and has completed the bar exam with the support of the examiner [2]; or Mr. Thai Son Linh, who completed a bachelor’s degree in law at Ho Chi Minh University of Law [3]. However, according to Mr. Linh, before being accepted as a legal assistant at a real estate company, he was rejected by 30 companies. That clearly shows the difficulties and challenges that individuals with disabilities face when practicing in the legal profession.

The quality of the mental and material lives of individuals with disabilities in Vietnam needs to be improved and enhanced so that they can feel integrated, participate in social activities, and contribute to the economy and community like other ordinary individuals. The government should consider promulgating many supportive policies on health care, living standards, renovation and construction of public works, implementation of cultural and recreational activities, supplementing facilities (such as education and training curriculum, learning facilities, transportation, etc.), as well as facilitating access to capital support for individuals with disabilities.

In addition, enterprises in general and law-practicing organizations in particular need to consider supplementing policies to support and create an environment with equal opportunities for all individuals. Increasing diversity for individuals with disabilities in the working environment brings several benefits for enterprises, society, and the economy because of the benefits and economic contributions they can bring when they are integrated and treated equally as ordinary individuals in the community.

7. Inclusion

At the core of meaningful inclusion lies the creation of a “psychological experience of inclusion.”. Where individuals can be a part of a workplace but are not embraced for their differences or feel they must hide their true selves, they are unable to reach their full potential and suffer in comparison to those who are better suited to fit the traditional norm. Diversity exists in the legal profession in Vietnam, and the harmony from all the above diverse aspects will hopefully create a feature of the labor culture in Vietnam in the legal profession.

However, differences between individuals in society are not fully respected and treated equally yet because we, as a society and a profession, consciously and unconsciously create barriers to the entry and success of some individuals with differences in the profession. Meaningful inclusivity can be improved through the adoption of flexible business models that accommodate a wide variety of individuals and career goals.

For example, the career path at a law firm is not only becoming a member of the company but also working as a part-time consultant to suit their needs and health conditions. The legal profession has already been considering and implementing different ways of providing legal services to clients, such as through unbundling legal services, virtual services, and fixed fees. These types of changes have been identified as mechanisms that may improve access to justice as well as help diversify firms by making them inclusive of a wider class of individuals with different needs in the workplace.

8. Impacts of diversity and inclusion

Appreciation of the value of diversity and inclusion will contribute to supporting the growth and development of individuals or organizations practicing in the legal profession, in particular, and society in general.

Diversity and inclusion in the form of practice not only create more choices for individuals to practice in the legal profession but also create more choices suitable for the needs of individuals and organizations wishing for legal assistance. Thereby creating competition to promote the personal development of lawyers and jurists while ensuring the satisfaction of the needs of legal consultancy.

In addition, diversity and inclusion can improve the quality of services provided by the law firm or lawyer’s office because diverse attorneys bring different perspectives, experiences, and opinions to identify, address, and resolve legal issues. The diversification encourages members to consider factors and issues that they might otherwise overlook, undervalue, or dismiss. Law firms or lawyers’ offices that have diversity and inclusion in their work cultures, policies, and practices (without any restrictions in terms of practice certificate, age, gender, ethnicity, etc.) attract more people and can draw from a larger recruitment pool.

This allows them to build a highly skilled workforce that can meet their needs and leads to an enhanced ability to deal with complexity and innovation. Diversity and inclusion across a law firm or lawyer’s office can result in improvements in productivity and performance. A law firm or lawyers’ office that demonstrates diversity and inclusion has a competitive edge, and this enables the firm to succeed and grow.

Valuing diversity and inclusion in society with equal opportunities for all individuals will enable them to contribute to society and the national economy, thereby also improving and enhancing the quality of mental and material life.

9. Conclusion

To ensure diversity and inclusion in society as well as in the legal profession, not only individuals and organizations but also the state need to study and understand the nature and different aspects of diversity and inclusion (such as ethnicity, gender, age, sexual orientation, religion, and more) to reduce barriers and ensure equity between all members of society.

Accordingly, the state should promulgate policies of equality and support between individuals with differences and disadvantages, strengthen the regulations aimed at ensuring the rights and interests of these individuals, and organize propaganda and education so that any individual or organization in society can understand and empathize with other people’s differences. In addition, the enterprises should consider putting into place an equal opportunity policy that supports diversity and inclusion, to the extent that these values are not already covered in existing policies.

[1] Hieu Minh, “Homosexual intellectuals have difficulties looking for jobs,”  September 7, 2012. Available from: https://vietnamnet.vn/tri-thuc-dong-tinh-chat-vat-tim-viec-lam-87676.html

[2] The story of Vietnam’s first “blind lawyer” https://luatsuhanoi.vn/nguyen-cuu-trao-doi-bai-viet/chuyen-ve-qluat-su-muq-dau-tien-cua-viet-nam.html#:~:text=Ng%C6%B0%E1%BB%9Di%20s%E1%BA%BD%20tr%E1%BB%9F%20th%C3%A0nh%20lu%E1%BA%ADt,T%C3%A2y%20H%E1%BB%93%2C%20H%C3%A0%20N%E1%BB%99i)

[3] Efforts to conquer the legal profession of the blind man https://vnexpress.net/no-luc-chinh-phuc-nghe-luat-cua-chang-trai-khiem-thi-4200884.html

Read more about “Mental Health and Wellbeing in the Legal Profession in Vietnam”: [here]