In what case should a lawyer be suspended from his/her membership, consider disciplinary action in the form of removing his/her name from the list of the Bar Association in Vietnam?
- What are the cases of suspension of the membership of a bar association in Vietnam?
- In what case should a lawyer be suspended from his/her membership, consider disciplinary action in the form of removing his/her name from the list of the Bar Association in Vietnam?
- If the chairman, deputy chairman, or member of the Management Board of Bar Association is temporarily suspended from his/her membership, will he or she be dismissed?
What are the cases of suspension of the membership of a bar association in Vietnam?
Pursuant to the provisions of Article 85 of the 2006 Law on Lawyers in Vietnam (with the phrase being replaced by Clause 37, Article 1 of the 2012 Law amending and supplementing a number of articles of the Law on Lawyers in Vietnam) as follows:
Discipline of lawyers
1. Lawyers who violate the provisions of this Law, charters, rules of professional ethics and conducts and other regulations of socio-professional organizations of lawyers shall, depending on the nature and severity of their violations, be subject to one of the following disciplinary forms:
a/ Reprimand;
b/ Caution;
c/ Suspension of the membership of a bar association in Vietnam for between 6 and 24 months;
d/ Deletion of their names from the list of a bar association.
2. The discipline of lawyers shall be considered and decided by the managing boards of bar associations at the request of their commendation and disciplinary councils.
3. When a lawyer is disciplined in the form of having his/her name deleted from the list of lawyers of a bar association, the bar association shall notify such in writing to the provincial/municipal Justice Service and request the Justice Ministry to withdraw his/her law-practice certificate, and request the Vietnam Bar Federation to withdraw his/her lawyer's card.
According to the regulations, lawyers who violate the provisions of the 2006 Law on Lawyers in Vietnam, charters, rules of professional ethics and conducts and other regulations of socio-professional organizations of lawyers shall, depending on the nature and severity of their violations, be subject to one of the following disciplinary forms, will be suspended theirs membership of the Bar Association.
In what case should a lawyer be suspended from his/her membership, consider disciplinary action in the form of removing his/her name from the list of the Bar Association in Vietnam?
In what case should a lawyer be suspended from his/her membership, consider disciplinary action in the form of removing his/her name from the list of the Bar Association in Vietnam?
Pursuant to the provisions of Article 42 of the Charter of the Vietnam Bar Federation promulgated together with Decision No. 856/QD-TTg in 2022 stipulating as follows:
Discipline towards lawyers and law-practicing trainees
.....
4. Lawyers who fall into one of the following cases shall be considered and disciplined by the Bar Association by removing their names from the list of lawyers of the Bar Association according to the procedures specified in Clause 5 of this Article:
a) Serious violations of the Charter of the Vietnam Bar Federation, the Rules of the Bar Association, the Code of Ethics and Professional Conduct of Vietnamese Lawyers;
b) Having been disciplined in the form of temporary suspension of the Bar Association membership, but within 01 year from the date of completion of the disciplinary decision, commit acts of violation to the point of being considered for discipline in the form of warning or more.
5. Pursuant to the provisions of the law and the Federation's Charter, the National Bar Council stipulates the violations and the application of disciplinary forms, the procedures for reviewing and deciding the discipline for the lawyer, apprentice lawyer.
According to the above provisions, a lawyer shall be disciplined in the form of temporary suspension of his or her status as a member of the Bar Association, but within 1 year from the date of completion of the disciplinary decision, commit acts of violation to the extent of being punished for disciplinary action in the form of warning or higher, they will be considered for disciplinary action by removing their name from the list of lawyers of the Bar Association.
In addition, the lawyer is considered for disciplinary action by removing his name from the list of lawyers of the Bar Association when seriously violating the Charter of the Vietnam Bar Federation, the Rules of the Bar Association, the Code of Ethics and professional behavior of Vietnamese lawyers.
If the chairman, deputy chairman, or member of the Management Board of Bar Association is temporarily suspended from his/her membership, will he or she be dismissed?
Pursuant to Clause 6, Article 23 of the Charter of the Vietnam Bar Federation promulgated together with Decision No. 856/QD-TTg in 2022 stipulating as follows:
Chairman, Vice Chairman, Member of the Management Board of Bar Association
....
6. The President, Vice-Chairman and member of the Management Board of Bar Association are automatically removed from office in the following cases:
a) Being disciplined in the form of temporary suspension of membership or removal from the list of lawyers of the Bar Association;
b) Being deprived of the right to use the law practice certificate or subject to the administrative handling measure of sending to a compulsory detoxification establishment or compulsory education institution;
c) Convicted but the judgment has taken legal effect.
According to the above provisions, the Chairman, Vice-Chairman, member of the Management Board of Bar Association, who are disciplined in the form of suspension of membership, are automatically removed from office.
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