This is a notable content in Decision 139/QD-BTV in 2020 regarding the activities for protecting the legal rights and interests of lawyers during their practice, issued on October 20, 2020.
Article table of contents
Procedure for receiving and handling requests for protecting lawyers' rights at Vietnam Committee for Lawyers' Right Protection (Illustration)
Specifically, according to Articles 8 and 10 of the Regulations on Activities for Protecting Rights and Legal Interests of Lawyers Violated during the Practice of Law, issued under Decision 139/QD-BTV, the procedure for receiving and handling requests for protecting the rights and legal interests of lawyers, violated during their practice at the Lawyers' Rights Protection Committee, is implemented as follows:
- Receiving the Request: After the Bar Federation receives a petition from a lawyer who's been violated, the Federation Office records it in the management log, then presents the petition along with accompanying documents to the Standing Committee of the Federation to delegate the Lawyers' Rights Protection Committee to act according to its functions and duties.
- Handling the Request:
- The Office of the Bar Federation transfers the entire file (scanned copy) of the case to the Head of the Protection Committee and Protection Committee members via registered emails so that members can deliberate and propose opinions on the content of the request, methods, and ways to resolve the case, or cooperate with the Bar Association and other Committees to resolve it;- Depending on the content and nature of the case, the Head of the Protection Committee may set a deadline for committee members to send proposed opinions to the Protection Committee, ensuring the principle of prompt action in protection activities. For some complex cases, the Head of the Committee may assign certain members to cooperate with local Bar Associations to verify, collect evidence, organize meetings, and solicit expert opinions during the resolution process;- After consolidating members' proposed opinions, the Head of the Protection Committee informs the final opinion on the case to all committee members, at the same time assigns the working group to draft a document, sends the draft document to the Vice Chairman in charge of the Committee, the Head and members of the Committee for review. If Committee members have no further opinions, the Protection Committee submits the document to the Vice Chairman in charge for signature and issuance.
Note: Opinions of members of the Protection Committee must ensure independence, objectivity, a legal basis, and promptness.
- Time Frame for Handling Requests:
Depending on the content, nature, and extent of the violation, the time frame for handling requests to protect the rights and legal interests of lawyers is stipulated as follows:
- For cases with clear content and sufficient documents and evidence, the time frame for resolution is 07 working days from the date the protecting entity receives the request file;- For cases with complex details, involving multiple sources, requiring additional document and evidence collection, the time frame for resolution is 15 days from the date the protecting entity receives the request file;- In cases where an incident occurs in one locality but affects many lawyers in different localities, the time frame for resolution is 30 days (calculated for the protecting entity as the initial Bar Association to cooperate with other Bar Associations during the resolution process), from the date the protecting entity receives the request file;- If a case has been resolved initially according to the protective entity's time frame, but the protective measures for rights and legal interests have not been considered or resolved, and the violation still persists, the time frame for the next handling request is 10 days from the date of receiving the initial resolution result.
Above is the full procedure for receiving and handling requests for protecting lawyers' rights during their practice at the Lawyers' Rights Protection Committee. Clients and members can view further details at Decision 139/QD-BTV.
Ty Na
