Does changing the bar association require changing the lawyer card?
Do you have to change your lawyer card if you change your lawyer association?
Pursuant to Article 20 of the Law on Lawyers 2006, amended by Clause 37, Article 1 of the Law on Amendments and Supplements to the Law on Lawyers 2012, the procedures for joining a Lawyer Association are as follows:
A person with a Lawyer Practice Certificate shall join a Lawyer Association of their choice to practice law.
A person with a Lawyer Practice Certificate shall submit an application dossier to the Executive Board of the Lawyer Association. The application dossier includes:
a) Application form for joining the Lawyer Association;
b) Curriculum vitae;
c) Copy of the Lawyer Practice Certificate;
d) Judicial record;
e) Health certificate.
Within ten working days from the date of receipt of a complete application dossier to join the Lawyer Association, the Executive Board of the Lawyer Association shall review and decide on the admission. If the applicant falls under the cases specified in Clause 4, Article 17 of this Law, the Executive Board shall reject the application and notify the reason in writing. The rejected applicant has the right to appeal as stipulated in Article 87 of this Law.
A person who joins a Lawyer Association shall be issued a Lawyer Card by the Vietnam Bar Federation upon the recommendation of the Lawyer Association. The time limit for issuing the Lawyer Card is no more than thirty days from the date of joining the Lawyer Association.
5. A lawyer who transfers from one Lawyer Association to another must complete the procedures to withdraw their name from the list of lawyers of the current Lawyer Association to transfer their practice to the new one and be issued a new Lawyer Card.
Thus, according to the current regulations, changing the Lawyer Association necessitates changing the Lawyer Card. Additionally, the lawyer must complete the procedures to withdraw their name from the list of lawyers of the current Lawyer Association and transfer their practice to the new one.
Can you practice law without joining a Lawyer Association?
Article 11 of the Law on Lawyers 2006 stipulates the conditions for practicing law as follows:
A person who meets the criteria specified in Article 10 of this Law and wishes to practice law must have a Lawyer Practice Certificate and join a Lawyer Association.
Article 10 of the Law on Lawyers 2006 stipulates the criteria for lawyers as follows:
A Vietnamese citizen who is loyal to the Fatherland, adheres to the Constitution and laws, has good ethics, holds a Bachelor of Law degree, has received legal training, has completed the attorney internship period, and is in good health to practice law, can become a lawyer.
Therefore, a person who meets the criteria to become a lawyer must join a Lawyer Association to practice law.
Respectfully!
