When is the National Congress of Bar Delegates in Vietnam convened extraordinarily? When is the National Congress of Bar Delegates valid?
When is the National Congress of Bar Delegates in Vietnam convened extraordinarily?
Pursuant to the provisions of Clause 1, Article 6 of the Charter of the Vietnam Bar Federation promulgated together with Decision No. 856/QD-TTg in 2022 stipulating as follows:
National Congress of Bar Delegates in Vietnam
1. The National Congress of Bar Delegates is convened by the National Bar Council every five years, except for force majeure cases as prescribed by law.
If the National Bar Council fails to convene the National Congress of Bar Delegates within 6 months from the due date of the congress of the term, the Standing Board of the Federation shall report to the Ministry of Justice and other competent agencies to consider and decide.
The General Meeting may be convened in an extraordinary manner by decision of the National Bar Council; or at the request of at least 2/3 of the total number of members of the National Bar Council; or at the request of a competent state agency in case it is necessary to amend or supplement the Charter of the Vietnam Bar Federation, elect additional members of the National Bar Council or decide on other issues within the scope of its duties, powers of the National Congress of Bar Delegates.
According to the above provisions, the National Congress of Bar Delegates is convened extraordinarily in the following cases:
- The General Meeting may be convened in an extraordinary manner at the discretion of the National Bar Council
- The request of at least 2/3 of the total number of members of the National Bar Council;
- Requests of a competent state agency in case it is necessary to amend and supplement the Charter of the Vietnam Bar Federation, elect additional members of the National Bar Council or decide on other issues within duties and powers of the National Congress of Bar Delegates.
When is the National Congress of Bar Delegates in Vietnam convened extraordinarily? When is the National Congress of Bar Delegates valid?
Who are the delegates to the National Congress of Bar Delegates in Vietnam? What criteria must a delegate to the National Congress of Bar Delegates have?
Pursuant to the provisions of Clause 2, Article 6 of the Charter of the Vietnam Bar Federation promulgated together with Decision No. 856/QD-TTg in 2022, delegates to the National Congress of Bar Delegates include:
- Delegates are naturally incumbent members of the National Bar Council and members of the National Bar Council who have been dismissed due to failure to re-elect the Bar Association President at the Congress for the term of the Bar Association before the Congress. National Lawyers Representative;
- Delegates are elected by the Congress of the term of the Bar Association with the number according to the allocation of the National Bar Council.
At the same time, according to the provisions of Clause 3, Article 6 of the Charter of the Vietnam Bar Federation promulgated together with Decision No. 856/QD-TTg in 2022 stipulating the standards of delegates to the National Congress of Bar Delegates as follows:
Delegates to the National Congress of Bar Delegates must be lawyers:
- Having good moral qualities, loyalty to the Fatherland, observance of the Constitution, exemplary observance of the law, the Charter of the Vietnam Bar Federation, the Code of Ethics and professional conduct for Vietnamese lawyers, Rules of Bar Association;
- Having prestige, solidarity, responsibility and ability to contribute to the decisions of the Congress;
- Not being a person who has been disciplined during his term or is being disciplined by the Bar Association or Vietnam Bar Federation;
- Not the person being prosecuted for criminal liability.
When is the National Congress of Bar Delegates valid?
Pursuant to the provisions of Clause 4, Article 6 of the Charter of the Vietnam Bar Federation promulgated together with Decision No. 856/QD-TTg in 2022 stipulating as follows:
National Congress of Bar Delegates in Vietnam
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4. The National Congress of Bar Delegates is valid if at least 2/3 of the delegates are convened to attend. In case not enough 2/3 of the number of delegates convened to attend the General Meeting, within 30 days from the date of the first convening, the second Congress must be convened. The convened congress for the second time is valid when more than half of the convened delegates attend.
During the time of the General Meeting, if one or several delegates do not continue to attend the General Meeting without a plausible reason, the conduct of the General Meeting is still considered valid according to the number of delegates present. Delegates who voluntarily leave during the congress will be considered and disciplined according to the regulations of the Vietnam Bar Federation.
According to the above provisions, the National Congress of Bar Delegates is valid if at least 2/3 of the delegates are convened to attend.
In case there are not enough 2/3 of the number of delegates convened to attend the Congress, within 30 days from the date of the first convening, the second Congress must be convened.
The convened congress for the second time is valid when more than half of the convened delegates attend.
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