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International Journal of
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VOL. 12, ISSUE 3 (2026)
The legal status of lawyers in civil judgment enforcement: Professional responsibility, rights of practice and effective legal representation from an Asian comparative perspective
Authors
Thai Thanh Van, Nguyen Thi Minh Tam
Abstract
Civil judgment enforcement is the point at which a judgment is tested in property relations, business practice and social life. The stage is therefore central to access to justice, yet the legal position of lawyers after judgment is still less developed than their position in adjudication. This article examines the status of lawyers in Vietnamese civil judgment enforcement through the connected issues of professional responsibility, rights of practice and effective legal representation. It takes Vietnam as the principal jurisdiction, with specific attention to the Law on Lawyers and the new Law on Civil Judgment Enforcement No. 106/2025/QH15, and draws comparative references from Japan, South Korea, Singapore and China. The article argues that a lawyer in enforcement should be recognized neither as an informal intermediary nor as a holder of coercive power. The lawyer is a procedural representative whose work can assist lawful recovery, protect debtors against unlawful or excessive measures, defend third-party interests and discipline the use of legal remedies. The present Vietnamese framework provides an important basis for such participation, but it still leaves practical questions concerning access to enforcement records, notice, participation in asset verification, communication with enforcement authorities, digital information, complaints and ethical limits. The article proposes a clearer statutory and professional framework: express recognition of lawyers in enforcement, regulated access to documents, auditable communication channels, guidance on asset concealment and abusive complaints, specialist training, and balanced accountability for both lawyers and enforcement officers.
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Pages:459-467
How to cite this article:
Thai Thanh Van, Nguyen Thi Minh Tam "The legal status of lawyers in civil judgment enforcement: Professional responsibility, rights of practice and effective legal representation from an Asian comparative perspective". International Journal of Law, Vol 12, Issue 3, 2026, Pages 459-467

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