Towards the adoption of a private status for Vietnamese enforcement agents and membership to the UIHJ
Our two representatives were offered an extremely varied programme of five meetings:
- At the enforcements department of the Justice Ministry
- At the law academy
- At the Franco Vietnamese Law Centre
- In Haiphong with an enforcements office
- And finally, with the justice ministry Mr Uong Chu Luu
Discussions dealt mainly with the adoption of private status for judicial officers by the Vietnamese government, and Vietnam's membership of the UIHJ.
In terms of the creation of a private body of judicial officers, it would appear, after obtaining all the information from the enforcements department at the ministry of justice, that a plan for the creation of such a body inspired by the French model is being studied. The change in status could take place by the end of 2005 or beginning of 2006, with the publication of a new enforcements code that would have some similarities with French texts, particularly with regard to special enforcement procedures (seizure of furniture, safes, vehicles, etc.).
According to Mr Uong Chu Luu, justice minister, the private profession could be introduced gradually, with an initial experience in Ho Chi Minh City.
Remove some reservations
Nevertheless, the project would appear to be encountering some reservations, which the government is endeavouring to remove.
The Justice Ministry and the UIHJ, to be joined by the French chamber, would like to set up a cooperation programme over several years, which would aim to obtain from the UIHJ and France, in addition to an active contribution in the creation of the private professional status, expertise in the drawing up of the enforcement code, technical assistance with internal equipment of offices (modern techniques, professional technology, accounts, management, etc.) and particularly close collaboration with the creation of an appropriate training service.
A cooperation agreement could be signed within a very short period of time, so as to enable Vietnam to benefit from UIHJ member status.
Overall, it must be said that the people met, both at the enforcements department (Mr N'Guyen Van Binh assistant director for international affairs, Mr Khiem, director of the enforcements department, Mr N'Guyen Than Thuy, assistant director of the enforcements department) and in the judicial department (Mr Ngo Minh Tuan, assistant director of the judicial department in Haiphong) and finally at the Law Academy (with its director, Mr Phan Huu Thu), all support the private status of judicial officer unconditionally, making the possibility plausible and representing spectacular progress for the country.
A considerable work accomplished by France
In this matter, one should also be aware of the considerable amount of work accomplished over the past 10 years by our French colleagues and by the French National Chamber, in bringing Vietnam closer into line with the institutional standards advocated by the UIHJ.
The fact that the Vietnamese are now so close to changing to private status is doubtless due to the conferences, seminar and courses organised by the French CNHJ in cooperation with an admirable institution, the Franco-Vietnamese Law Centre in Hanoi, which is currently co-directed by Mr Binh and Mr Durand.
The timetable pre-established by the Vietnamese authorities and the UIHJ provides, right from the signature of a cooperation agreement sealing Vietnam's membership of the Union, for the launch of an advertising campaign aimed at current civil servant judicial officers, in favour of private status, with the assistance of France and the UIHJ.
A start-up date has now been set: June 2005.
Along with Japan and Thailand, the UIHJ is launching a real challenge in Asia.
