Who is eligible for membership fee reduction in the Vietnam Bar Federation and bar association?

Who is eligible for membership fee reduction in the Vietnam Bar Federation and bar association?

According to Article 5 of Resolution 05/NQ-HDLSTQ in 2022, the regulations regarding membership fee exemption and reduction are as follows:

Exemption and reduction of membership fees:

1. Lawyer members who are 75 years old or older are exempt from membership fees.

2. Lawyer members who, due to health reasons or illness, have medical records and are unable to engage in legal professional activities, and have submitted a request for exemption or reduction of membership fees, may be considered for exemption or reduction of membership fees by the Vietnam Bar Federation and bar association.

3. The Executive Committee of the bar association reviews the applications for exemption or reduction of membership fees on a case-by-case basis and submits a proposal to the Standing Committee of the Vietnam Bar Federation for approval of membership fees for the Vietnam Bar Federation.

Therefore, individuals who may be considered for a reduction in membership fees by the Vietnam Bar Federation and bar association are lawyer members who, due to health reasons or illness, have medical records and are unable to engage in legal professional activities, and have submitted a request for a reduction in membership fees.

Who is eligible for membership fee reduction in the Vietnam Bar Federation and bar association? - image from internet

What documents are included in the application for joining the bar association in Vietnam?

Pursuant to Clause 2 Article 30 of the Law on Lawyers in 2006 (amended by Clause 11 Article 1 of the Law on amendments to the Law on Lawyers in 2012), the application for joining the bar association in Vietnam includes following documents:

- The written application for joining the bar association in accordance with the form provided by the Vietnam Bar Federation;

- The judicial résumé, if the dossier is submitted after 06 months as from the date of issue of the lawyer practicing certificate;

- A copy of the lawyer practicing certificate.

Is it possible for a lawyer to replace his/her Lawyer’s card when he/she changes bar association in Vietnam?

Pursuant to Clause 4 Article 30 of the Law on Lawyers in 2006 (amended by Clause 11 Article 1 of the Law on amendments to the Law on Lawyers in 2012) stipulating regulations on joining the bar association:

Joining the bar association

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3. Within 07 working days as from receiving the complete dossier, the Board of Directors of the bar association shall consider and decide the participation in the bar association. If the applicant falls into one of the cases prescribed in Clause 4 Article 7 of this Law, the Board of Directors shall reject the participation and notified the reasons in writing. The refused person is entitled to lodge complaints as prescribed in Article 87 of this law.

4. Within 07 working days as from making the decision on the participation in the bar association, the Board of Directors of the bar association shall send a written request for the Lawyer’s card to the Vietnam Bar Federation. The Lawyer’s card shall be issued within 20 days as from receiving the written request from the bar association.

The validity period of a Lawyer’s card is unlimited, and shall be replaced when it is lost or damaged.

5. Within 03 years as from the date of issue of the lawyer’s card, if the lawyer does not work for a law-practicing organization under a labor contract, nor work as an independent lawyer for a organization under a labor contract, organize, nor establish, nor participate in the establishment of a law-practicing organizations as prescribed by this law in the same locality with the bar association, or does not practice law for consecutive five years after the issue of the lawyer’s card, then the Board of Directors of the bar association shall eliminate that lawyer’s name from the list of lawyers, and request the Vietnam Bar Federation to revoke the lawyer's card.

6. A lawyer that moves to another bar association must send a written request to the bar association, of which he or she is a member, to withdraw from its lawyer list.

Within 05 working days as from receiving the written request, the Board of Directors of the bar association shall make the decision on eliminate the lawyer from its lawyer list, and send a letter of introduction enclosed with the résumé of such lawyer to the bar association which such lawyer is going to join.

“The procedure for joining a bar association and replacing the lawyer’s card are specified Clause 3 and Clause 4 this Article. While waiting for the replacement of the lawyer’s card, the lawyer may keep using the old card, and must submit it upon the replacement of the lawyer’s card.”

As regulated above, a Lawyer’s card can be replaced in following cases:

- when the holder changes bar association;

- when it is lost or damaged.

Therefore, a Lawyer’s card can be replaced when he holder changes bar association.

Best regards!