Vietnam: What are the duties and powers of the National Bar Council?

What are the duties and powers of the National Bar Council in Vietnam?

Under Clause 5, Article 7 of the Charter of the Vietnam Bar Federation (Attached to Decision 856/QD-TTg of 2022):

The National Bar Council has the following duties and powers:

a) Issue the Code of Ethics and Professional Conduct for Vietnamese Lawyers;

b) Decide on policies and measures to implement the resolutions and decisions of the National Congress of Bar Delegates;

c) Approve the annual work reports, financial reports, and activity programs of the Federation;

d) Guide the election of delegates to attend the Congress, prepare documents, nomination and candidacy procedures, establish candidate lists and detail issues related to the election of the National Bar Council, the Presidium of the Federation, the President, and the Vice Presidents of the Vietnam Bar Federation; guide the election or approval of the Secretary General; introduce lawyers into the candidate list for election to the National Bar Council, the Presidium of the Federation, the President, Vice Presidents, and Secretary General of the Vietnam Bar Federation for the new term;

dd) Decide on the number of members of the Presidium of the Federation, the Vice Presidents; elect members of the Presidium of the Federation, the Vice Presidents; elect or approve the Secretary General of the Federation; dismiss, remove members of the Presidium of the Federation, the President, Vice Presidents, Secretary General, members of the National Bar Council;

e) Decide on the convening of the National Congress of Bar Delegates;

g) Stipulate the framework for lawyer apprenticeship fees, fees for joining the Bar Association, and membership fees;

h) Other duties and powers as prescribed by this Charter or as assigned by the National Congress of Bar Delegates.

What is the method of the election of members of the National Bar Council in Vietnam?

Clause 4, Article 7 of the Charter of the Vietnam Bar Federation (Attached to Decision 856/QD-TTg of 2022) stipulates the contents as follows:

The election of members of the National Bar Council is conducted by secret ballot.

A candidate elected to the National Bar Council must receive more than half of the total valid votes. If the number of candidates receiving more than half of the total valid votes exceeds the number of positions to be elected, the candidates with the higher number of votes will be elected; if there are equal votes, the candidate with longer lawyer seniority will be elected.

Therefore, the election of members of the National Bar Council in Vietnam is conducted by secret ballot.

Respectfully!