The nescessary of public interest lawyers to State Admistration in Vietnam Part 2

Đăng lúc: 27/03/2019 08:42

2. Basis for formation and development of Public Interest Lawyers in Vietnam

In 1930, the Vietnam Communist Party was established with clear policy: the platform for the Party and the Government to run the country is that: for the benefit of workers and farmers, “ establish a government and army of the people (workers, farmers, soldiers)”, “Party is the pioneer of workers, be loyal and sacrifice for country’s benefit, class’s benefit and working people’s benefit”.

In 1945, the Declaration of Independence which gave birth to the Democratic Republic of Vietnam, drafted by Ho Chi Minh President, was completely based on international standards theoretically and practically. It aimed to serve the benefit of the people, protect the common value of nature, human and society.

During 30 years of innovation (“Doi moi”) (1986-2018), the Party and the Government of Vietnam always recognize the “rule of law” in society management and handle corruption problems. However, due to short development time, the awareness of state officers, enterprises and Vietnamese people are limited to access to legal tools. As a result, the internal dark side of the society leads to negative effects, such as corruption, bribery, “rule by law”. Legal values are not commonly known, lead to law violations "unintentionally", or / and "intentionally".

The value that Public Interest Lawyers aim to protect, not only be expressed in the Communist Party’s Policy but also be regulated clearly in current national law.

Article 28, 43, 63 Vietnam Constitution 2013 states that: “Citizens have the right to participate in the management of the State and management of society, and to discuss and propose to state agencies issues about their base units, localities and the whole country; The State shall create the conditions for citizens to participate in the management of the State and society”; “Everyone has the right to live in a clean environment and has the obligation to protect the environment”; “The State shall encourage all activities for environmental protection and the development and use of new energy and renewable energy”.

Article 3 Vietnam Civil Code 2015 regulates that:The establishment, exercise and termination of civil rights and/or obligations may not infringe national interests, pubic interests, lawful rights and interests of other persons.

Article 68, 187 Vietnam Civil Procedure Code 2015 regulated about right to initiate lawsuits to protect public interests, State interests and lawful rights and interests of other people.

Article 4, 5 Vietnam Law on Environment Protection 2014 states that:Environmental protection is the responsibilities and obligations of every agency, organization, family household and individual; The Statefacilitates the involvement of organizations, family households and individuals in the environmental protection activities; inspect and supervise the performance of environmental protection activities in accordance with laws; The State commends and rewards agencies, organizations, family households and individuals for their active role in environmental protection activities.

Article 1 Vietnam Law on people’s health protection 1989 regulates that: “Health protection is the work of the entire population. All citizens are obliged to strictly implement the provisions of the law on the protection of people’s health to preserve their health and for everybody.

These above regulations show that every individual or organization has the right to protect public interests, protect natural resources of the country and the world.

From the analysis about policy, country context and legal base, it can be affirmed that the existence and development of Public Interest Lawyers are consistent with the general development trend of the country, especially in the current period.

3. Recommendations

For the above analysis, instead of the conclusion, the formation and development of Public Interest Lawyers need to be concerned, discussed and studied seriously with the following activities:

Firstly, Rationale for Public Interest Lawyers career needs to be built timely and adapted with current law and policy. From that, specialised knowledge and skill about Public Interest Lawyers career can be formed and contribute effectively to use legal tools to protect the common interests of the community.

Secondly, the curriculum about Public Interest Lawyers to be encouraged synchronously and parallelly with basic rationale, be updated regularly and be balanced between theory and reality during the time of country development and global integration.

Thirdly, Public Interest Lawyers should be disseminated in legal career orientation activities, developing human resources and people, ensuring a balance in the structure of legal practice fields

                     

                                                                         LL.M.  Dang Dinh Bach

                                          Director, Law and Policy of Sustainable Development Research Center



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