What are the criteria for the chairman of the Bar Association in Vietnam? What are the duties and powers of the Chairman of the Bar Association in Vietnam?
What are the criteria for chairman of the Bar Association in Vietnam?
Pursuant to the provisions of Clause 2, Article 23 of the Charter of the Vietnam Bar Federation promulgated together with Decision No. 856/QD-TTg in 2022 stipulating the criteria for the Chairman of the Bar Association as follows:
Chairman, Vice Chairman, member of the management board of the Bar Association
...
2. The Chairman of the Bar Association must fully meet the following criteria:
a) Having the standards specified in Clause 3, Article 22 of this Charter;
b) Capable of building and maintaining good relationships with local Party, government and procedural agencies.
The election procedure and the process of nominating, running for office, making a list of candidates and other detailed issues related to the election of the Chairman of the Bar Association shall comply with the provisions of Clause 2, Article 22 of this Charter.
According to the above provisions, the chairman of the Bar Association must have the following criteria:
- Having a strong political will, loyalty to the Fatherland, compliance with the Constitution, exemplary compliance with the provisions of the law, the Charter of the Vietnam Bar Federation, the Code of Ethics and professional conduct in law. Vietnamese Lawyers, Rules of Bar Association;
- At least 03 years of experience in practicing law;
- Capable of management and administration;
- Having prestige and ability to gather and unite a team of lawyers in the Bar Association;
- Having time and health conditions to participate in the management and administration of the Bar Association.
- Ability to build and maintain good relationships with Party agencies, authorities, and local proceedings-conducting agencies.
At the same time, according to the provisions of Clause 1, 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 the Bar Association
1. The Chairman of the Bar Association shall be elected by the Bar Congress of the Bar Association from among the lawyers elected by the Congress to the Board of Directors of the Bar Association. The term of office of the Chairman of the Bar Association shall be the same as that of the Chairman of the Bar Association.
A lawyer may only be elected as the Chairman of the Bar Association for no more than 02 consecutive terms up to the time of holding the Congress of the Bar Association term, except for special cases, but not more than 03 consecutive terms and must have the consent of the Standing Board of the Vietnam Bar Federation.
According to the above provisions, the Chairman of the Bar Association shall be elected by the Bar Congress of the Bar Association from among the lawyers elected by the Congress to the Board of Directors of the Bar Association.
What are the criteria for the chairman of the Bar Association in Vietnam? What are the duties and powers of the Chairman of the Bar Association in Vietnam?
What are the duties and powers of the Chairman of the Bar Association in Vietnam?
Pursuant to the provisions of Clause 3, Article 23 of the Charter of the Vietnam Bar Federation issued together with Decision No. 856/QD-TTg in 2022 stipulating the duties and powers of the Chairman of the Bar Association as follows:
- Represent and take general responsibility for all activities of the Bar Association;
- Assign and manage the activities of the Bar Association's Management board in organizing the implementation of resolutions and decisions of the Bar Congress and in performing the duties and powers of the Bar Association;
- To convene and chair the meeting of the Bar Association's Management board; sign resolutions and decisions of the Bar Association's Management board after it is approved by the Board of Directors;
- Strictly abide by the principle of collective democratic work, make decisions by majority while performing the duties and powers of the Chairman of the Bar Association;
- Manage and urge the collection of membership fees in accordance with the provisions of the Charter of the Vietnam Bar Federation
- Other duties and powers as prescribed in this Charter and as assigned by the General Meeting of Lawyers.
In what cases is the Chairman of the Bar Association dismissed?
Pursuant to the provisions of Clause 6, Article 23 of the Charter of the Vietnam Bar Federation issued together with Decision No. 856/QD-TTg in 2022 and Clause 7 Article 23 of the Charter of the Vietnam Bar Federation issued together with Decision No. 856 /QD-TTg in 2022 stipulating as follows:
Chairman, Vice Chairman, Member of the management board of the Bar Association
....
6. The Chairman, Vice-Chairman and member of the Management board of the 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.
7. The Chairman, deputy chairperson or member of the Management board of the Bar Association shall be removed from office in one of the following cases:
a) Serious violations of the Charter of the Vietnam Bar Federation and the Rules of the Bar Association while performing their duties, powers and responsibilities;
b) Seriously infringing upon the interests of the Bar Association, the Vietnam Bar Federation;
c) Serious violations of the law on lawyers and relevant provisions of law;
d) There is no longer any trust of more than half of the members of the Bar Association in the Bar Association with the number of 300 lawyers or less. For the Bar Association with a number of over 300 lawyers, the confidence of more than half of the delegates attending the Bar Congress is no longer trusted.
The Chairman, Vice-Chairman and member of the Management board of the Bar Association shall be dismissed or removed from office when more than half of the delegates attending the Congress of Bars cast a secret ballot or a public vote in favor.
According to the above provisions, the chairman of the Bar Association is removed from office in the following cases:
The Chairman of the Bar Association is automatically removed from office in the following cases:
+ Being disciplined in the form of temporary suspension of membership or removal from the list of lawyers of the Bar Association;
+ 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;
+ Convicted but the judgment has taken legal effect.
The Chairman of the Bar Association shall be removed from office in one of the following cases:
+ Serious violations of the Charter of the Vietnam Bar Federation and the Rules of the Bar Association while performing their duties, powers and responsibilities;
+ Serious harm to the interests of the Bar Association, the Vietnam Bar Federation;
+ Serious violations of the law on lawyers and relevant provisions of law;
+ There is no longer any trust of more than half of the members of the Bar Association in the Bar Association with the number of 300 lawyers or less. For the Bar Association with a number of over 300 lawyers, the confidence of more than half of the delegates attending the Bar Congress is no longer trusted.
The Chairman, Vice-Chairman and member of the Management board of the Bar Association shall be dismissed or removed from office when more than half of the delegates attending the Congress of Bars cast a secret ballot or a public vote in favor.
LawNet
