How often is the Lawyers’ Congress of Bar Association in Vietnam held? When is the Lawyers’ Congress valid?
How often is the Lawyers’ Congress of Bar Association in Vietnam held?
Pursuant to the provisions of Clause 1, Article 21 of the Charter of the Vietnam Bar Federation issued together with Decision No. 856/QD-TTg in 2022 stipulating as follows:
Lawyers’ Congress of Bar Association
1. The general meeting of lawyers is held every 5 years, except for force majeure cases as prescribed by law. Past 06 months from the due date to hold the congress of the term, if the Management board of Bar Association fails to convene the Lawyers’ Congress, the Federation's Standing Board shall report to the competent state agency for consideration and decision.
The General Meeting of Lawyers may be convened irregularly under the decision of the Board of Directors to decide on matters falling within the competence of the General Meeting of Lawyers; or at the request of at least half of the lawyers of the Bar Association; or at the request of the Standing Board of the Vietnam Bar Federation, of a competent state agency in accordance with the law.
The General Meeting of Lawyers is convened in the form of a General Meeting or a General Meeting of Delegates, depending on the number of members of the Bar Association. The Bar Association with the number of lawyers under 300 shall hold a plenary meeting. The Bar Association with the number of lawyers from 300 or more may hold a congress of delegates. The form of the General Meeting shall be decided by the Bar Association's Board of Directors.
The Board of Directors of the Bar Association convenes a Lawyers’ Congress.
According to the above provisions, a congress of lawyers is held every five years, except in case of force majeure.
Past 06 months from the due date to hold the congress of the term, if the Management board of Bar Association fails to convene the Lawyers’ Congress, the Federation's Standing Board shall report to the competent state agency for consideration and decision.
How often is the Lawyers’ Congress of Bar Association in Vietnam held? When is the Lawyers’ Congress valid?
What are the requirements for delegates to the General Meeting of the Bar Association in Vietnam?
Pursuant to the provisions of Clause 2, Article 21 of the Charter of the Vietnam Bar Federation promulgated together with Decision No. 856/QD-TTg in 2022 stipulating the delegates attending the Congress of the Bar Association as follows:
- Lawyers with good moral qualities, loyal to the Fatherland and abiding by the Constitution, exemplary in compliance with the provisions of the law, the Charter of the Vietnam Bar Federation, the Code of Ethics and professional conduct Vietnamese Bar Association, Rules of Bar Association;
- Having a spirit of solidarity and responsibility in building and developing the Bar Association, Vietnam Bar Federation, prestige in the team of lawyers of the Bar Association, responsibility and ability to contribute to the Congress ;
- Not being a person who has been disciplined during his term or is being disciplined by the Vietnam Bar Federation or the Bar Association;
- Not the person being prosecuted for criminal liability.
Note: The specific allocation of the number of delegates to the General Meeting of Deputies of the Bar Association shall be decided by the Management board of Bar Association, but must ensure the principles of allocation and the standards of delegates specified in the Charter of the Vietnam Bar Federation issued together with Decision No. 856/QD-TTg in 2022
The number of delegates to the Congress of the Bar Association shall be decided by the Management board of Bar Association on the principle of ensuring adequate representation of the will, aspirations and interests of all members of the Bar Association.
When is the Lawyers’ Congress valid?
Pursuant to Clause 3, Article 21 of the Charter of the Vietnam Bar Federation promulgated together with Decision No. 856/QD-TTg in 2022 stipulating as follows:
Lawyers’ Congress of Bar Association
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3. The congress of lawyers is valid if at least 2/3 of the delegates are convened to attend. In case there are not enough 2/3 of the number of delegates convened to attend, within 30 days from the date of the first convening, the 2nd Congress must be convened. The convened congress for the second time is valid when more than half of the convened delegates attend. In case the second convened congress is not enough for more than half of the convened delegates to attend, within 30 days from the date of second convening, the third congress must be convened. The third convened General Meeting is valid regardless of the number of delegates attending.
During the time of the General Meeting, if one or several delegates do not continue to attend the General Meeting without a plausible reason, the conduct of the General Meeting is still considered valid according to the number of delegates present. Delegates who voluntarily leave during the congress will be considered and disciplined according to the regulations of the Vietnam Bar Federation and the Bar Association.
According to the above provisions, the General Meeting of Lawyers is valid if at least 2/3 of the delegates are convened to attend.
In case there are not enough 2/3 of the number of delegates convened to attend, within 30 days from the date of the first convening, the 2nd Congress must be convened.
The convened congress for the second time is valid when more than half of the convened delegates attend.
In case the second convened congress is not enough for more than half of the convened delegates to attend, within 30 days from the date of second convening, the third congress must be convened. The third convened General Meeting is valid regardless of the number of delegates attending.
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