Do legal trainees have to pay membership fees for the bar association in Vietnam? What are the revenue sources of the bar association in Vietnam?
Do legal trainees have to pay membership fees for the bar association in Vietnam?
Pursuant to the provisions of Article 39 of Decision 856/QD-TTg in 2022 on the law-practicing probation fee as well as the Bar Association membership fee as follows:
- When registering for law-practicing probation, the legal trainees shall pay fees to the Bar Association. The law-practicing probation fee rate shall be decided by the Bar Conference based on the fee bracket set by the National Bar Council.
- Persons eligible to join the Bar Association must pay an entry fee to the Bar Association. The entry fee level, the cases in which the Bar Association membership fee is exempted or reduced shall be decided by the Bar Conference based on the fee bracket set by the National Bar Council.
- Lawyers are obliged to pay the Vietnam Bar Federation's membership fees and the Bar Association's membership fees.
Lawyers pay the membership fee by transfer to the account of the Vietnam Bar Federation or directly at the Office of the Vietnam Bar Federation or the representative office of the Vietnam Bar Federation in Ho Chi Minh City; pay the Bar Association membership fee by transfer to the account of the Bar Association of which he is a member or directly at the Bar Association Office.
Union membership fee, Bar Association membership fee; the cases of exemption or reduction of Federation membership fees and Bar Association membership fees shall be prescribed by the National Bar Council.
- The Board of Directors, the President of the Bar Association is responsible for reviewing and urging the lawyers who are members of the Bar Association to pay the Union membership fee and the Bar Association membership fee.
Every 6 months, the Vietnam Bar Federation shall coordinate with the Bar Association to make a public announcement on the website of the Vietnam Bar Federation, the Vietnam Bar Magazine and the website of the Law Union. list of lawyers who have paid fees and lawyers who have not yet paid the membership fees of the Vietnam Bar Federation and the membership fees of the Bar Association.
Every 6 months, the Board of Directors of the Bar Association shall summarize the list of member lawyers who have not yet paid membership fees to the Federation and Bar Association members and notify the member lawyers; send the Vietnam Bar Federation the list of lawyers who have not paid the Federation membership fee and Bar Association membership fee for 06 months or more no later than January 31 and July 31 of each year.
What are the revenue sources of the bar association in Vietnam?
According to the provisions of Clause 1, Article 38 of Decision 856/QD-TTg in 2022, the revenue sources of the Bar Association are as follows:
Financial revenue and expenditure of the Bar Association
1. The Bar Association's revenue sources include:
a) Membership fees;
b) Fees for law-practicing probation, fees for joining the Bar Association;
c) Contributions of member lawyers decided by the Bar Conference;
d) Revenues from the Bar Association's activities;
dd) Support from the Vietnam Bar Federation;
e) State support; sponsorship from domestic and foreign individuals and organizations;
g) Other lawful revenues.
Accordingly, the Bar Association operates on the following revenue sources:
+ Membership fee
+ Law-practicing probation fee, Bar Association membership fee
+ Contributions of member lawyers are decided by the Bar Conference
+ Revenues from the Bar Association's activities
+ Support from Vietnam Bar Federation;
+ State support; sponsorship from domestic and foreign individuals and organizations;
+ Other lawful revenues.
In addition, the Bar Association uses revenue for the following expenditures as prescribed in Clause 2, Article 38 of Decision 856/QD-TTg in 2022:
+ Expenses for internal and external activities, implementation of functions and tasks of the Bar Association;
+ Expenses for activities of agencies and units of the Bar Association;
+ Paying salaries or allowances for management and executive positions of the Bar Association; salaries for the staff of the Bar Association's Office;
+ Other reasonable expenses.
How will lawyers failing to pay Bar Association membership fees to be handled?
According to the provisions of Clause 5, Article 39 of Decision 856/QD-TTg in 2022, this content is as follows:
- Lawyers who fail to pay the Vietnam Bar Federation membership fee or Bar Association membership fee shall be handled according to the following provisions:
+ After 06 months to less than 12 months, the Vietnam Bar Federation will remind on the Federation's website, the Bar Association will remind on the Bar Association's website, and give a written reminder for the third time. most or by other means;
+ From 12 months to under 18 months, the Vietnam Bar Federation will remind on the Federation's website, the Bar Association will remind on the Bar Association's website, and give a written reminder for the third time. two or by other means;
+ From 18 months or more, he/she will be disciplined by removing his/her name from the list of lawyers of the Vietnam Bar Federation, Bar Association.
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