THE TRAINING OF BACHELOR OF LAWS AND EXPERIENCES FROM SOME COUNTRIES AROUND THE WORLD

“Currently, the requirements and tasks of building a socialist rule of law state are increasingly urgent in the context of market economic development and blurring national borders in the fields of economy, politics, and culture. One of the urgent tasks of strengthening policies on building a state of the law is to complete the regulations on training bachelor of laws, laying the foundation to foster a group of cadres and legal practitioners with extensive professional knowledge, strong experienced in practice. However, the training of bachelor of laws in Vietnam is still limited, so it is still necessary to learn from experiences from countries around the world”.

 

The training of bachelor of laws is one of the urgent issues today in the context that the Party and State are constantly promoting the construction of a socialist rule of law state. The innovative change of mindset in the training of bachelor of laws will make shorter the period of implementing the renovation tasks and strengthen the legislative, executive, and judicial systems. To conduct this purpose, it depends a great deal on well-trained human resources, they have been learned the necessary skills and experiences to ensure the completion of the task right after graduation. 

 

Currently, the training of bachelor of laws in Vietnam still has problems that need to be solved. In particular, the training pays a lot of attention to theory, leading to not much practice time. Therefore, law students after graduation cannot afford to practice, having to apprentice for a long time, and cannot meet the duties assigned. 

 

From the experience of some countries in the world in training bachelor of laws, it is cruicial to change and reform the training method and model to meet the requirements of legal professions and positions in modern society. 

 

1. The role and significance of training bachelor of laws

 

Up to 2020, our country has 60 Law Training Institutes[1], an increase of nearly six times compared to 2005[2]. It can be seen that the demand for law teaching and learning is constantly increasing. This point reflects the need to recruit bachelor of laws in fields and professions related to the law. Law training institutions have also gradually created diverse methods of training to meet the constantly increasing needs of society.

 

With the direction established by the Party Congress for the 2020-2025 term, specifically as follows: “Continuing to build a socialist rule-of-law State that creates development, integrity, and action; stepping up the prevention and fight against corruption, practicing thrift, fighting wastefulness, creating breakthroughs in administrative reform.”[3] It can be realized that for many consecutive years, the Party and State always have taken priority over building a socialist rule of law state.

 

In that context, the training of bachelor of laws needs to be paid more attention, because human resources are a main factor, promoting the goals of building a complete political institution and legal system. A group of cadres with a deep theoretical foundation, practical experience, and good qualities will contribute to the strict implementation of policies and directions under the direction of the Party and State. Therefore, training a generation of bachelor of laws with good intellectual and moral qualities will be the foundation for building a socialist rule of law state.

 

Besides, the continuous development of the economy - society today leads to the trend of international economic integration. As an inevitable result, the cooperation relationship between domestic enterprises with corporations, multinational enterprises, foreign investors, etc. is growing strongly to meet the needs of production, business, and international trade.

 

This purpose requires a strict legal system to protect the rights and interests of economic organizations and Vietnamese business individuals against the constant fluctuations of the market economy. To develop, implement and apply these legal policies well, it is necessary to train and foster a generation of bachelor of laws who are well trained in theoretical knowledge and practical skills.

 

Thus, the training of a bachelor of laws is now an urgent need, and the quality of training should be put on top to meet the increasingly strict requirements of society. However, the current law gruduates in Vietnam are still quite weak in practical practice skills, the knowledge base is not really solid, and soft skills such as foreign languages and technology skills still have many limitations, causing difficulities to get a job.

 

It may be a consequence of the training methods that are not methodical and do not follow the actual professional requirements. In the context of integration, learning from experiences from countries around the world in the field of training, especially law bachelor's training, will bring certain benefits to training strategies that are methodical and consistent with the general trend of the world.

 

2. Some models of training bachelor of laws from countries around the world

2.1. Training bachelor of laws in the United States

 

Regulations on training bachelor of laws in the United States are different compared to Vietnam in terms of training program framework, quality of lecturers, entry standards, and output standards. A law bachelor's degree in the United States is a graduate degree (J. D - Juris Doctorate), which means that to study a law bachelor's degree program, students must already have a graduate degree in any discipline.

 

The J.D. program lasts at least three years, so it takes students at least seven years to graduate with a bachelor's degree in law[4]. Because it is a graduate program, a bachelor's degree in law in the United States is considered the same as a doctorate in other disciplines[5]. Normally, law schools in the United States do not have a division for law, except in the case of universities that are old and have enough prestige and human resources to train a particular discipline.

 

Therefore, law schools all teach the same curriculum framework with modules related to property, contracts, civil, criminal, and procedural cases in the first year. Subjects will be taught by combining two methods of lecture, which are student dialogue and case study.

 

Accordingly, group study and practice under the guidance of lecturers have always been focused and become the most popular learning method in law schools in the United States to ensure the output quality of bachelor of laws who can think and negotiate independently, pursue a career as a lawyer. Most law training programs in the United States intend to teach learners the knowledge, skills, and qualities of a future lawyer[6]. All academic programs in the United States are supervised by the American Bar Federation to ensure the quality of the lecturers, the scientific and rigorous curriculum, and the physical conditions of the school[7].

 

2.2. Training bachelor of laws in France

 

France is the country with the oldest and most developed legal system in the civil law system. Therefore, there are many points that Vietnam should actively learn in the training regulations of law bachelors in France.

 

There are similarities with the United States in terms of the training program. It includes the teaching of theoretical knowledge and researching into practical cases. The number of lessons will be divided according to the ratio of 70% theory in large lecture halls (cours magistraux) and 30% practical research (travaux dirigés)[8]. The law bachelor training program in France will focus on training fundamental knowledge for students. After graduation, a bachelor of law in France can choose a master's program or vocational training as a lawyer, notary, etc[9].

 

For the training duration, universities in France all have a general training period for the bachelor's system of 4 years, quite similar to the training program in Vietnam. Besides, there is no university specializing in law training in France, but only law faculties belong to large universities[10].

 

For entry standards, unlike the United States, students in France only need to have a baccalauréat degree (similar to graduating from high school in Vietnam) and then enroll in law-training universities to access a bachelor's degree program in law[11]. This method of the entry exam is simpler than the current exam regulations in Vietnam. In terms of output standards and graduate vocational training, law training programs in France focus on research work, aiming to form a solid foundation for law bachelors to become lecturers and researchers. After finishing the university program, bachelor of laws in France will continue to study training programs for lawyers, judges and notaries[12].

 

2.3. Training bachelor of laws in China

 

Similar to the training program in France, China - a country under the civil law system - also expands the bachelor's degree program in law for students who have graduated from high school and taken entry exams to law schools. The period of training is four years.

 

Law training in China also experienced "ups and downs". The new bachelor of laws in China also faced unemployment. The reason is that the output standards did not meet the professional requirements, and the negative influence of political institutions and cultural reform in the 1960s and 1980s made it very difficult to train bachelor of laws in China[13]. However, the Chinese have overcome these difficulties by reforming the law training program and regulations from the 1990s to the present. The current law training program in China is much more prominent than that in Vietnam. In particular, the training focus on international cooperation[14]. Reputable Chinese universities often invite professors from Britain, France, and the United States to visit, creating a quite open university environment, helping students absorb legal knowledge from many different countries, enriching the study program, and improving foreign language skills.

 

2.4. Training bachelor of laws in Germany

 

Like France, the Federal Republic of Germany is a typical country for a civil law legal system. Law training programs in Germany are divided into two separate parts, including at least 3,5 years of foundational knowledge training, theory, and two years of practical training to support professional knowledge and skills[15].

 

The current trend of law training in Germany is to combine theory and practice, instead of only focusing on theory as before. Law universities in Germany will focus on teaching foundational and comprehensive legal knowledge with compulsory and elective subjects. Renowned lawyers and judges are also invited to give lectures to enhance the practical lessons for students[16].

 

The advantage of the training regime of law bachelor in the Federal Republic of Germany is the rigorous output standards, which ensures the quality of generations of law bachelors. The system of questions and graduation exam rules in Germany is quite strict for bachelor of laws, and the exam is closely monitored by the Ministry of Justice of each state. Therefore, the output standards of a law bachelor in Germany are highly appreciated compared to other countries in Europe[17].

 

3. Training current bachelor of laws in Vietnam.

3.1. Current status of training regulations for bachelor of laws in Vietnam

 

Currently, in Vietnam, there are about 60 law schools, with majors clearly defined from the entrance exam: jurisprudence, civil law, business law, international law, commercial law, International Commercial Law, Financial Law, etc.

Regarding the period of training, the law training universities in Vietnam all apply the 4-year training for the bachelor program. D

 

Regarding the training program, law schools in Vietnam have the same training program with a heavy amount of academic knowledge. The curriculum generally starts with theoretical subjects such as Philosophy, Theory of State and Law, History of legal theories, General issues of civil law, etc. and specialized modules such as Vietnamese Constitution, Civil Law, Criminal Law, Business Law, International Law, Comparative Law, International Justice, Administrative Law, Contract Law, Contract Law international trade, international commercial law, etc. The above subjects are not uniform among law training institutions due to the specificity of the division of majors from the very beginning. The current Vietnamese bachelor program is heavy on theory, accounting for about seven semesters during four years of study. Accordingly, students only spend one final semester for internships at agencies and organizations to gain practical knowledge. The weakness of the current legal training regulations in Vietnam is that it focuses too much on theory and does not have a reasonable investment in practical courses.

 

Regarding entry standards, to become law students in Vietnam, students who graduate from high school need to overcome a quite rigorous entrance exam with entrance scores ranging from 15.50 to 27.50 depending on each school[18]. In addition, some schools also apply the direct admission regulation. For instance, the University of Economics and Law under the Vietnam National University Ho Chi Minh City considers direct admission to the law major with the target of 20-30%, for gifted students at high schools, achieving excellent students and good behavior in three years, and at the same time a member of the national team of talented students.

 

Regarding output standards, the Vietnamese law training program focuses on building foundational knowledge for students, not aiming at training a specific profession, so that students can actively choose a career after graduation, such as a lawyer, judge, notary, etc.

 

3.2. Evaluation of some advantages and disadvantages of the current regulations on training bachelor of law in Vietnam:

 

About advantages:

 

In terms of training time, compared to the United States, the period of bachelor of laws training is three years shorter than in the United States. This advantage helps students shorten their bachelor's study time so that they can work in organizations and businesses, and at the same time, create conditions for students to choose suitable careers after graduation and continue to study a vocational training program in a short period.

 

In addition, in terms of entrance standards, law universities now apply quite strict and regular regulations on entrance exams or admissions, with scores ranging from 15.50 to 27.50 depending on each school, helping students choose the field of study, the school that is suitable for their ability. Besides, the entrance examination regulations also partly assess the student's ability to absorb high school knowledge, prepare for four years of law training at university.

 

Regarding the training program, the current law training program partly lays the foundation of general legal knowledge for students, helping students access theoretical knowledge in each specific subject. Currently, law schools have applied the quite traditional exam regulations, all of which are theoretical exams in the form of written or oral exams, so students have the opportunity to reinforce knowledge through each course. 

 

About disadvantages:

 

Besides the advantages, the current regulations on law bachelor training in Vietnam still have many limitations, and it is necessary to learn from experiences from countries around the world.

 

The curriculum is too focused on theory, heavy on academics, and has not been deeply practiced, making law bachelors face many difficulties after graduation. In the learning process, students' initiative in research and professional experience are greatly limited. The closed learning environment, without many opportunities to practice and learn from practical works related to law, also makes bachelor of laws without a clear vision and orientation in choosing a career. Today's law graduates spend the first few years after graduating from university to apprentice in law practice organizations or legal departments in businesses. This point partly shows that the situation does not meet the job requirements of law graduates in Vietnam. In addition, the quality and selection of lecturers are also important factors affecting the current bachelor of law curriculum.

 

Besides, the current bachelor's degree program in law has not focused on developing the soft skills necessary for law practice after graduation.

 

Currently, the training of informatics and foreign languages in universities is still quite reluctant. It has not still been properly invested or has not focused on practice. Therefore, many law graduates after graduation do not meet the standards of office computer skills and foreign languages of organizations.

 

A pretty big drawback of the current training regulations for bachelor of laws in Vietnam is that the output standards are not effective.

 

Unlike in the United States or France, law schools in Vietnam have not yet outlined a training strategy aimed at shaping certain behaviors for students studying at their institutions. Therefore, many law students graduating from universities have not still oriented an appropriate career. In addition, the regulations on the exit exam of the law major are still not uniform among universities, leading to the disparity in knowledge among law bachelors at different schools. This point partly makes it difficult for law graduates to find a job in today's fiercely competitive job environment.

 

4. Some experiences drawn from training models of bachelor of laws in countries around the world.

 

4.1. About the training program

 

From the current situation and inadequacies in the training program, it can be seen that balancing both theory and practice is a significant factor to promote the completion of knowledge and skills for bachelor of laws after graduation.

 

Currently, the training of bachelor of laws still lacks practical tools such as judgments, types of contracts, steps to implement administrative procedures, etc. To create excitement for learners and help them visualize how book-learning will be applied in practice, lecturers need to integrate cases, practical records related to subjects to introduce to students and share their own practical experiences that they gained in the working process. In addition to the theory lessons, it is necessary to appropriately arrange extra-curricular lessons to practice acting cases, study judgments, draft contracts, documents, etc. The training must closely follow the reality of professional activities so that learners gradually become familiar with the practical work of a law practitioner and works related to the law after graduation. This is also a valuable experience from the legal training regulations of the US and France - the two leading law schools in the world today.

 

In addition, law training also needs specialization and focus on the specialized subjects that students are studying. Universities that train law graduates need to focus on developing strategies for recruiting lecturers according to their training majors to avoid an imbalance in the quality of lecturers in majors. Many universities currently do not have strategies to attract talent and train human resources, leading to a shortage of highly qualified lecturers in some fields of study[19]. To overcome this problem, each university needs to establish recruitment standards for lecturers suitable to the teaching objectives at the school, asking the Bar Federation, the Council of Judges for advice to build a curriculum that is both theoretical and closely related to practice. Besides, it should be encouraged to recruit senior lawyers in professional activities to teach several subjects requiring high practicality such as civil procedure, criminal procedure, contract, business, etc.

 

In addition to improving training programs, law universities need to promote scientific research of law students, creating a useful playground to promote learners to actively explore combined theoretical knowledge with researching, collecting practical experiences, improving drafting skills, presenting problems, etc. to complete the scientific research.

 

From the experience of the United States, it is thought that the scientific research and the curriculum of law universities across the country should be consulted by experienced attorneys to ensure that the training is both theoretical and practical knowledge.

 

A valuable experience that Vietnam should learn from China's training program is international cooperation in law training, helping students discover diverse legal knowledge in the world and creating inspiration for learners.

 

The training association also helps students cultivate their soft skills, be ready to participate in extracurricular courses to strengthen their knowledge and practice the qualities of law students.

 

4.2. About the time frame of the training

 

The time frame of the training needs to be effectively improved to achieve the goal of integrating and balancing practice and theory. From that, law students can distribute the time appropriately and ensure the quality of teaching and the learner’s receptive ability. In the first school year, subjects with foundational knowledge should be focused on training as a basis for learners to acquire in-depth knowledge and theory in the next three years. In addition, it is necessary to distribute time for learners to simultaneously approach theory, theoretical knowledge, and practical capacity, skills, and professional qualities[20]. Practical training needs to be integrated into the theoretical program, not just focusing entirely on the final semester (internship) lik the vast majority of law training programs today. Training time can be divided according to the ratio of 70% theory, 30% practice with great exercises, such as the experience of training a bachelor of law from France.

 

4.3. Entry standards and output standards

 

The admission and examination regulations that law schools are currently applying are still suitable for recruiting students to the law major. According to the author's opinion, the law schools should focus on the entrance exam scores of law schools because it partly reflects the mindset and level of knowledge acquisition and thoroughness when taking the test of candidates in high school years. This is one of the essential qualities of a law practitioner. In addition, it is necessary to apply strict and uniform output standards among universities, under the general supervision of the Ministry of Education and the Ministry of Justice, ensuring the quality of output standards will be more uniform output. Output standards also need to add criteria on foreign languages, informatics, and career-supporting skills to assess the capacity that law bachelors can meet in the context of career requirements related to law are increasingly diverse and strict.

     

     CONCLUSION

 

In the current context of cultural and economic integration, it is impossible to deny the positive effects of education in the world towards Vietnam. Especially, for the law major, with a 4-year study period, the training of a generation of high-quality bachelors who have trained deep theoretical knowledge and the ability to appropriately adapt suitable for future career requirements, which is a trouble for the current university education in our country. Therefore, on the basis of absorbing and learning from the experience of training law bachelors in countries around the world, each university needs to develop appropriate training and talent attraction strategies. In addition, it is necessary to focus on the role of the Bar Federation, the Council of Judges, the Procurator, etc. in supporting the development of training programs to integrate practical practice skills into academic knowledge, increase the excitement and improve the initiative for learners.

Written by Bui Tran Thuy Vy - FDVN Law Firm 

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REFERENCES

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