Dismissal of Members of the Steering Committee and the President of the Bar Association

Decree 137 stipulates that members of the Executive Board of the Bar Association shall be dismissed under one of the following circumstances:

- Violating the regulations of the Constitution and laws while performing their duties and powers; infringing upon the interests of the Bar Association;- Failing to comply with requests, regulations, and decisions of state management agencies in the course of performing the duties and powers of the members of the Executive Board of the Bar Association after being reminded in writing;- Having their lawyer practice certificate revoked;- Other cases as stipulated in the Charter of the Vietnam Bar Federation.

At the same time, Decree 137 stipulates that the Chairperson of the Bar Association shall be dismissed under one of the following circumstances:

- Falling under one of the cases prescribed for the dismissal of the Bar Association;- Exceeding the 06-month period from the expiration date of the term without presiding over the Executive Board to organize the General Assembly, except in cases with legitimate reasons;- Failing to perform periodic, annual reporting policies, and reporting on the implementation of the tasks of the Bar Association as prescribed by the Law on Lawyers for 02 consecutive years; failing to send regulations, decisions, resolutions related to the organization of the General Assembly of the Bar Association to the competent authority within 06 months from the end date of the General Assembly.

In cases where all members of the Executive Board fall under one of the aforementioned cases, the Chairperson of the Provincial or City People's Committee directly under the central government shall establish the General Assembly Organizing Committee, after receiving written unified opinions of the Minister of Justice. The Organizing Committee of the General Assembly is tasked with organizing the General Assembly of the Bar Association to execute dismissals, hold new elections, supplementary elections, substitute elections, and perform other tasks according to the approved General Assembly Scheme.

See details Decree 137/2018/ND-CP effective from November 25, 2018.

-Thao Uyen-

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE