Is it possible to re-issue, change or revoke a lawyer's card? Can a lawyer withdraw his/her name from the list of the Bar Association in Vietnam?
What is the Lawyer’s Card?
According to Article 31 of Decision 856/QD-TTg in 2022 approving the Charter of the Vietnam Bar Federation, stipulating the following:
"Article 31. Lawyer card
1. Lawyer card is a certificate of membership of the Bar Association and member of the Vietnam Bar Federation.
2. Pursuant to the provisions of this Charter, the Standing Board of the Federation shall prescribe the content and form of the Lawyer's Card and the procedures for granting, re-issuing, changing and withdrawing the Lawyer's Card."
When will the lawyer's card be re-issued, changed or revoked in Vietnam?
According to Article 33 of Decision 856/QD-TTg in 2022 approving the Charter of the Vietnam Bar Federation, which provides for the following:
"Article 33. Re-issuance, exchange and withdrawal of lawyer's cards
1. The lawyer's card shall be re-issued in case of loss, exchanged in case of damage or transferred to the Bar Association.
2. The lawyer's card shall be revoked in one of the following cases:
a) Being disciplined by expelled from the list of lawyers of the Bar Association;
b) Being revoked the law practice certificate;
c) Withdrawing from the Bar Association without joining the new Bar Association as prescribed in Clause 4, Article 32 of this Charter;
d) Stopping practicing law at will.
3. The Standing Board of the Federation shall decide on the withdrawal of the lawyer's card.
4. Procedures for re-issuance, change and withdrawal of lawyer's cards shall comply with the provisions of the Standing Board of the Vietnam Bar Federation."
Is it possible to re-issue, change or revoke a lawyer's card? Can a lawyer withdraw his/her name from the list of the Bar Association in Vietnam? (Image from the internet)
Can a lawyer withdraw his/her name from the list of lawyers of the Bar Association in Vietnam?
According to Article 32 of Decision 856/QD-TTg in 2022 approving the Charter of the Vietnam Bar Federation, stipulating the following:
"Article 32. Withdrawing from the list of lawyers of the Bar Association, transferring to the Bar Association
1. When required, a lawyer shall make a written request to withdraw his/her name from the list of lawyers of the Bar Association, clearly stating the reason for the withdrawal. Within 05 working days from the date of receipt of the written request, the Bar Association's Executive Board shall issue a decision to remove the lawyer's name from the list of lawyers of the Bar Association, except for the case specified in Clause 2 of this Article.
Within 5 working days from the date of the decision to delete the above mentioned name, the Board of Directors of the Bar Association shall send the decision to delete the lawyer's name to the Vietnam Bar Federation.
2. A lawyer shall be refused to withdraw his/her name from the list of lawyers of the Bar Association in one of the following cases:
a) While being subject to disciplinary review;
b) While serving the disciplinary form of temporary suspension of Bar Association membership; is within 06 months from the effective date of the disciplinary decision in the form of warning;
c) While settling disputes with clients, lawyers or law-practicing organizations;
d) While settling complaints and denunciations related to law practice;
dd) Violating the obligation to pay membership fees of the Vietnam Bar Federation, membership fees of the Bar Association.
3. In case a lawyer withdraws his/her name from the list of lawyers of the Bar Association for the reason that he/she stops practicing law at his/her wish, the Federation shall issue a decision to revoke the lawyer's card.
4. Lawyers who move from one Bar Association to another must withdraw their names from the list of lawyers of the Bar Association of which they are a member according to the provisions of Clause 1 of this Article and request the Board of Directors of the Bar Association. introduced to join the new Bar Association according to his wishes. Within 05 working days from the date of receipt of the written request for withdrawal and transfer of the Bar Association, the Board of Directors of the Bar Association recommends transferring the Bar Association for the lawyer to the Bar Association where the lawyer intends to join. A dossier of introduction to transfer to the Bar Association includes:
a) A letter of recommendation for transfer to the Bar Association from the Bar Association's Executive Board, which the lawyer requests to withdraw;
b) A written request to join the new Bar Association;
c) A dossier requesting the transfer of the Bar Association under the management of the Bar Association;
d) A copy of the lawyer's card.
Procedures for considering joining a new Bar Association shall comply with the provisions of Clause 3, Article 20 of the Law on Lawyers. Within 07 working days from the date of issuance of the decision to join the Bar Association, the Management Board of the Bar Association where the newly joined lawyer is responsible for sending a written request for replacement of the Bar Association together with the Decision on joining the Bar Association for the Federation. Procedures for changing the lawyer's card shall comply with the provisions of Article 33 of this Charter.
If the new Bar Association does not accept the admission of the introduced lawyer, it must notify in writing the Federation, the old Bar Association, the introduced lawyer and clearly state the reason; In case of disagreement, the lawyer has the right to lodge a complaint in accordance with the Law on Lawyers and this Charter."
Thus, a lawyer's card is a certificate of membership of the Bar Association and a member of the Vietnam Bar Federation. Lawyers can request to withdraw from the list of lawyers of the Bar Association when there is a need.
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