What does the application for joining the Bar Association include? What are the procedures for joining the Bar Association in Vietnam?
What does the application for joining the Bar Association in Vietnam include?
Pursuant to Clause 2, Article 20 of the 2006 Law on Lawyers in Vietnam (amended by Clause 11, Article 1 of the 2012 Law amending and supplementing a number of articles of the Law on Lawyers), the application for joining a bar association includes:
- The written application for joining the bar association in accordance with the form provided by the Vietnam Bar Federation;
- The judicial résumé, if the dossier is submitted after 06 months as from the date of issue of the lawyer practicing certificate;
- A copy of the lawyer practicing certificate.
What does the application for joining the Bar Association include? What are the procedures for joining the Bar Association in Vietnam?
What are the procedures for joining the Bar Association in Vietnam?
Pursuant to Article 20 of the 2006 Law on Lawyers in Vietnam (amended by Clause 11 Article 1 of the 2012 Law amending and supplementing a number of articles of the Law on Lawyers, some phrases have been replaced by Clause 37, Article 1 of the 2012 Law amending and supplementing a number of articles of the Law on Lawyers) stipulating the procedures for joining the bar association as follows:
- The holder of the lawyer practice certificate may join a bar association for law practice.
- The holder of the lawyer practicing certificate must send an application for joining the bar association to its board of directors.
- Within 07 working days from receiving the complete dossier, the Board of Directors of the bar association shall consider and decide the participation in the bar association.
If the applicant falls in one of the following cases are not granted law practice certificates, the Board of Directors shall reject the participation and notify the reasons in writing. The refused person is entitled to lodge complaints.
- Within 07 working days from making the decision on the participation in the bar association, the Board of Directors of the bar association shall send a written request for the Lawyer’s card to the Vietnam Bar Federation.
The Lawyer’s card shall be issued within 20 days as from receiving the written request from the bar association.
The validity period of a Lawyer’s card is unlimited, and shall be replaced when it is lost or damaged.
How much does a lawyer have to pay membership fees to the Bar Association?
Pursuant to Clause 1, Article 2 of Resolution 05/NQ-HDLSTQ in 2022 as follows:
Membership fee
1. Lawyers must pay the membership fees of the Vietnam Bar Federation and the membership fees of the Bar Association in accordance with the provisions of the Charter of the Vietnam Bar Federation.
Membership fee of Vietnam Bar Federation is 100,000 VND/person/month (one hundred thousand VND/person/month).
The membership fee of the Bar Association is 150,000 VND/person/month (one hundred and fifty thousand VND/person/month).
Thus, Resolution 05/NQ-HDLSTQ in 2022 stipulates that the membership fee of the Bar Association is 150,000 VND/person/month (one hundred and fifty thousand VND/person/month).
At the same time, according to Clause 3, Article 2 of Resolution 05/NQ-HDLSTQ in 2022 stipulating as follows:
Membership fee
...
3. Lawyers pay fees every 6 months to assist in the management, statistics and listing of the list of fee payments for consistency.
The payment of the membership fee is completed no later than the last day of the premium payment period (June 30 of the calendar year and December 31 of the calendar year of the premium year).
Thus, Lawyers must pay fees every 6 months
At the same time, the payment of the membership fee shall be completed no later than the last day of the premium payment period (June 30 of the calendar year and December 31 of the calendar year of the premium year).
See the full Resolution 05/NQ-HDLSTQ in 2022: here.
What to do when lawyers wish to change the Bar Association?
Pursuant to Clause 6, Article 20 of the 2006 Law on Lawyers of Vietnam (amended by Clause 11, Article 1 of the 2012 Law amending and supplementing a number of articles of the Law on Lawyers) stipulating as follows:
Joining the Bar Association
....
6. A lawyer that moves to another bar association must send a written request to the bar association, of which he or she is a member, to withdraw from its lawyer list.
Within 05 working days from receiving the written request, the Board of Directors of the bar association shall make the decision on eliminating the lawyer from its lawyer list, and send a letter of introduction enclosed with the résumé of such lawyer to the bar association which such lawyer is going to join.
The procedure for joining a bar association and replacing the lawyer’s card are specified Clause 3 and Clause 4 this Article. While waiting for the replacement of the lawyer’s card, the lawyer may keep using the old card, and must submit it upon the replacement of the lawyer’s card.
Thus, a lawyer that moves to another bar association must send a written request to the bar association, of which he or she is a member, to withdraw from its lawyer list.
Within 05 working days from receiving the written request, the Board of Directors of the bar association shall make the decision on eliminating the lawyer from its lawyer list, and send a letter of introduction enclosed with the résumé of such lawyer to the bar association which such lawyer is going to join.
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