Skip to main content Accessibility help
×
Hostname: page-component-8448b6f56d-mp689 Total loading time: 0 Render date: 2024-04-19T12:32:11.669Z Has data issue: false hasContentIssue false

12 - Lawyers and Democratic Centralism in Vietnam

from Part I - Access to Justice in Asia

Published online by Cambridge University Press:  29 September 2022

Helena Whalen-Bridge
Affiliation:
National University of Singapore
Get access

Summary

This chapter discusses the challenges that lawyers face in promoting justice and the rule of law in Vietnam. The chapter argues that these challenges currently stem primarily from the principle of democratic centralism, the backbone of the Vietnamese government, which in some ways contradicts the state’s aspiration to be a ‘rule of law state’. Democratic centralism subordinates the role of courts and the government to that of the National Assembly by giving the latter power to make the final decision with absolute obedience from the former, notwithstanding the ‘democratic’ discussion before the decision is made. Although changes have been introduced, this orientation continues to shape the role of courts and lawyers in Vietnam. Legal aid has been implemented, but it focuses primarily on law dissemination, and legal aid to persons in court is hampered by the small number of legal aid staff. Practising lawyers face a number of difficulties and challenges in supporting access to justice, particularly when providing criminal defence, as lawyers’ services are still considered obstacles to the operation of state agencies. However, in the Vietnamese system, lawyers could accelerate the assurance of equality before the laws and access to justice.

Type
Chapter
Information
The Role of Lawyers in Access to Justice
Asian and Comparative Perspectives
, pp. 228 - 244
Publisher: Cambridge University Press
Print publication year: 2022

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×