Duties of the Executive Committee of the Bar Association: What are the principles and objectives of the Vietnam Bar Federation?
What are the duties of the Executive Committee of the Bar Association?
According to Article 22 of the Charter issued together with Decision 856/QD-TTg in 2022 approving the Charter of the Vietnam Bar Federation, the regulations are as follows:
- The Executive Committee of the Bar Association is tasked with organizing the implementation of resolutions and decisions of the lawyer congress and directing the activities of the Bar Association.
- The Executive Committee of the Bar Association consists of the Chairperson, Vice Chairperson, and Members. The number of Vice Chairpersons and Members of the Executive Committee of the Bar Association is specified by the Bar Association’s internal regulations.
- The Executive Committee of the Bar Association is elected by the lawyer congress, with a term of 05 years following the term of the Bar Association Congress. The term of the Executive Committee of the Bar Association ends when the congress of the Bar Association elects a new Executive Committee, and the results are approved by the provincial or centrally governed city People’s Committee.
- The format of electing the Executive Committee is applied as stipulated in Clause 4, Article 7 of this Charter.
- The Executive Committee of the Bar Association sets the procedures for nomination, self-nomination, list of candidates, and other detailed issues related to the election of the Executive Committee of the Bar Association as guided by the National Lawyers Council, the Standing Committee of the Federation.
- The Executive Committee of the Bar Association operates on the principle of collectivity, deciding by majority. The meeting of the Executive Committee of the Bar Association is valid if at least 2/3 of the members attend.
- In case the number of members attending the meeting is insufficient as prescribed in this clause, a second meeting is convened within 10 days from the first intended meeting date. This second meeting is considered valid if more than 1/2 of the Executive Committee members attend.
- Decisions of the Executive Committee of the Bar Association are passed when more than 1/2 of the attending members approve. In case of a tie, the issue is decided according to the viewpoint of the Chairperson or the Vice Chairperson presiding over the meeting.
- The Executive Committee of the Bar Association meets regularly at least once a month. The Committee can convene extraordinary meetings when necessary to decide on matters within its competence, as decided by the Chairperson or at the request of at least 2/3 of the Committee members.
- The meeting of the Executive Committee is convened by the Chairperson of the Bar Association. In case the Chairperson of the Bar Association fails to convene the Committee for three consecutive regular meetings or an extraordinary meeting as requested by at least 2/3 of the Committee members, the Standing Committee of the Vietnam Bar Federation has the right to designate a Vice Chairperson to convene and preside over the meeting of the Executive Committee of the Bar Association.
What are the duties of the Executive Committee of the Bar Association? What are the principles and purposes of the Vietnam Bar Federation?
In which cases is one not eligible to be elected to the Executive Committee of the Bar Association?
According to Clause 4, Article 22 of the Charter issued together with Decision 856/QD-TTg in 2022 approving the Charter of the Vietnam Bar Federation, the following regulations apply:
Executive Committee of the Bar Association
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4. Lawyers falling into one of the following cases are not eligible to nominate, accept nominations to be elected to the Executive Committee of the Bar Association:
a) Have been disciplined by the Bar Association, Vietnam Bar Federation, or other organizations where the lawyers are members during their term;
b) Are being considered for disciplinary action by the Bar Association, Vietnam Bar Federation;
c) Are being prosecuted for criminal liability or subjected to administrative handling measures such as compulsory rehabilitation, compulsory education."
Thus, a lawyer must have at least 03 years of practicing experience and meet the above conditions to be eligible for election to the Executive Committee of the Bar Association.
What are the principles and purposes of the Vietnam Bar Federation?
Based on Article 1 of the Charter issued together with Decision 856/QD-TTg in 2022 stipulating the principles and purposes of the Vietnam Bar Federation as follows:
- The Vietnam Bar Federation represents, protects the rights and legitimate interests of lawyers and Bar Associations that are members of the Federation; implements the policies of self-management for lawyers' organizations nationwide to build the professional values of Vietnamese lawyers, develop a team of lawyers with ethical qualities and professional competence meeting societal needs and the requirements of building the socialist rule of law state of Vietnam, contributing to the protection of justice, human rights, the rights to freedom and democracy of citizens, economic development, and the building of a democratic, fair, and civilized society.
- The Vietnam Bar Federation expands relations with international bar organizations, participates in international organizations with activities aligned with the principles and purposes of the Vietnam Bar Federation to strengthen professional cooperation among lawyers from different countries and contributes to building and developing cooperative and friendly relations among peoples and nations worldwide according to the law.
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