What is a bar association in Vietnam? What are the bodies of a bar association according to regulations?
What is a bar association in Vietnam?
According to Clause 1, Article 60 of the 2006 Law on Lawyers of Vietnam (amended by Clause 21, Article 1 of the 2012 Law on Amendments to Law on Lawyers) on the bar association as follows:
The bar association
1. A bar association is a socio-professional organizations of lawyers in a central-affiliated city or province, that is organized and operated in accordance with this Law and the Charter of the Vietnam Bar Federation. A bar association has a separate legal status, a stamp, and an account. Its cost is covered by the membership fees, the member’s contributions, and other receipts.
Thus, the bar association is regulated in accordance with the above provisions.
What is a bar association in Vietnam? What are the bodies of a bar association according to regulations? (Image from the Internet)
What are the bodies of a bar association according to regulations?
Pursuant to Article 62 of the 2006 Law on Lawyers of Vietnam, the bodies of the bar association are as follows:
Bodies of a bar association
1. The plenary congress or lawyer deputies' congress of a bar association is its highest leading body.
2. The managing board of a bar association is the executive body of its plenary congress or lawyer deputies' congress, which is elected by the plenary congress or lawyer deputies' congress.
3. The commendation and disciplinary council of a bar association is elected by its plenary congress or lawyer deputies' congress according to the term of office of its managing board.
Thus, the bodies of the bar association include:
- The plenary congress or lawyer deputies' congress of a bar association
- The managing board of a bar association is the executive body of its plenary congress or lawyer deputies' congress
- The commendation and disciplinary council of a bar association
What are the tasks and authority of bar associations?
According to Article 61 of the 2006 Law on Lawyers of Vietnam (amended by Clause 22, Article 1 of the 2012 Law on Amendments to Law on Lawyers), the tasks and authority of bar associations are prescribed as follows:
- Represent and protect the lawful rights and interests of lawyers during their practice.
- Annually review and assess the quality of lawyers; supervise and cooperate with other bar associations in supervising the compliance to law, to the Charter of the Vietnam Bar Federation, the code of ethics and professional manner of their lawyers, lawyers in law-practicing organizations, and local branches of law-practicing organizations, and take disciplinary actions.
- Supervise and cooperate with other bar associations in supervising the activities of law-practicing organizations and their branches or offices; request law-practicing organizations to stop the violations of law, and request competent State agencies to handle.
- Issue the certificates of apprentice lawyer and supervise the apprentice lawyers; make a list of eligible participants in the assessment of the lawyer apprenticeship, and send it to the Vietnam Bar Federation.
- Receive and send the dossier of application for the lawyer practicing certificates to Services of Justice; request the Ministry of Justice to revoke lawyer practicing certificates.
- Organize the registration of joining the bar associations, organize the transfer and reception of lawyers; request the Vietnam Bar Federation to issue, replace, and revoke lawyer’s cards.
- Provide compulsory training courses in professional skills and the management of law-practicing organizations.
- Supervise the purchase of professional liability insurance of lawyers.
- Resolve the disputes between the apprentice lawyers, lawyers and the law-practicing organizations; between clients and law-practicing organizations and lawyers.
- Settle the complaints and denunciations intra vires.
- Summarize, exchange experience, take measures to improve the professional skills of lawyers.
- Collect the opinions from lawyers.
- Impose the fees for joining the bar association, the fees for lawyer apprenticeship based on the fee bracket provided by the Vietnam Bar Federation.
- Report the scheme for the general meeting, the plan for the structure of the Board of Directors, the reward and discipline council.
- Implement the resolutions, decisions, and regulations of the Vietnam Bar Federation.
- Enable lawyers to participate in disseminating, providing law education, and legal supports.
- Report the organization and operation of the bar association and the general meeting result to the Vietnam Bar Federation. Send the resolutions, decisions, and regulations of the bar association to the Vietnam Bar Federation in accordance with the Charter of the Vietnam Bar Federation or when being requested.
- Reporting the organization and operation, the general meeting result to People’s Committees of central-affiliated cities and provinces; send reports to competent State agencies at their request; send the resolutions, decisions, and regulations of the bar association to People’s Committees of central-affiliated cities and provinces.
- Other tasks and authority in accordance with the Charter or the Vietnam Bar Federation.
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