Does the Vietnam Bar Federation being a socio-professional organization have legal person status?
Does the Vietnam Bar Federation being a socio-professional organization have legal person status?
Pursuant to Article 64 of the 2006 Law on Lawyers in Vietnam as amended by Clause 37, Article 1 of the 2012 Law amending and supplementing a number of articles of the Law on Lawyers, as follows:
The Vietnam Bar Federation
1. The Vietnam Bar Federation is a socio-professional organization of lawyers nationwide, which represents lawyers and bar associations; has the legal person status, its own seal and bank account; and operates on the principle of self-financing with membership fee revenues, contributions of members and other lawful revenue sources.
Members of the Vietnam Bar Federation are bar associations and lawyers. Lawyers participate in the Vietnam Bar Federation through bar associations which they have joined.
2. The Vietnam Bar Federation has its own charter.
The rights and obligations of members of the Vietnam Bar Federation are provided for in its charter.
Thus, the Vietnam Bar Federation has the legal person status, its own seal and bank account; and operates on the principle of self-financing with membership fee revenues, contributions of members and other lawful revenue sources.
Does the Vietnam Bar Federation being a socio-professional organization have legal person status?
What are the contents of the charter of Vietnam Bar Federation?
Pursuant to Clause 2, Article 67 of the 2006 Law on Lawyers in Vietnam (amended by Clause 24, Article 1 of the 2012 Law amending and supplementing a number of articles of the Law on Lawyers and Clause 37, Article 1 of the 2012 Law amending and supplementing a number of articles of the Law on Lawyers) as follows:
Charter or Vietnam Bar Federation
1. The Charter or the Vietnam Bar Federation is passed according to this Law and the laws on national lawyers’ general meetings. The Charter or the Vietnam Bar Federation is uniformly applied to the Vietnam Bar Federation and bar associations.
2. The Charter or the Vietnam Bar Federation comprises:
a) The principles, purposes and symbol of the Charter or the Vietnam Bar Federation;
b) The rights and obligations of members of the Vietnam Bar Federation;
c) The relation between the Vietnam Bar Federation and bar associations;
d) The procedure for joining bar associations, withdrawing from bar associations, and moving to other bar associations;
dd) The obligation to provide legal supports of lawyers;
e) The uniforms of lawyers in court; the form of lawyer’s cards, the issue, replacement, and revocation of lawyer’s cards;
g) The tenures, the organizational structure, the voting and discharging methods, the tasks and authority of the agencies affiliated to the Vietnam Bar Federation, bar associations; the cooperation among bar associations in managing lawyers and law-practicing organization;
h) The structure and quantity of delegates, the tasks and authority of the general meeting of lawyers, the congress of bar associations; the procedure for organizing the congress of bar associations and the Vietnam Bar Federation;
i) The regulations of bar associations;
k) The finance of the Vietnam Bar Federation and bar associations;
l) Rewarding and disciplining lawyers, settling complaints and denunciations;
m) The obligation to report the organization and operation of the Vietnam Bar Federation and bar associations;
n) The relationship with other organizations.
...
Thus, the Charter of the Vietnam Bar Federation includes the above provisions.
What are the bodies of the Vietnam Bar Federation?
Pursuant to Point a, Clause 1, Article 66 of the 2006 Law on Lawyers in Vietnam as amended by Clause 37, Article 1 of the 2012 Law amending and supplementing a number of articles of the Law on Lawyers, as follows:
Bodies of the Vietnam Bar Federation
1. Bodies of the Vietnam Bar Federation include:
a/ The national lawyer deputies' congress, which is its highest leading body;
b/ The national lawyers' council, which is the leading body of the Vietnam Bar Federation during the interval between two national lawyer deputies' congresses;
c/ The executive board of the Vietnam Bar Federation, which is the body administering all tasks of the Vietnam Bar Federation during the interval between two national lawyer-deputies' congresses;
d/ Other bodies specified by the charter of the Vietnam Bar Federation.
2. Tasks and powers of bodies of the Vietnam Bar Federation are provided for in its charter.
Thus, the bodies of the Vietnam Bar Federation include:
- The national lawyer deputies' congress, which is its highest leading body;
- The national lawyers' council, which is the leading body of the Vietnam Bar Federation during the interval between two national lawyer deputies' congresses;
- The executive board of the Vietnam Bar Federation, which is the body administering all tasks of the Vietnam Bar Federation during the interval between two national lawyer-deputies' congresses;
- Other bodies specified by the charter of the Vietnam Bar Federation.
LawNet
