Additional cases of name removal from the List of lawyers in Vietnam

Additional cases of name removal from the List of lawyers in Vietnam
Nguyễn Như Mai

The Prime Minister of Vietnam issued Decision 856/QD-TTg dated July 19, 2022 approving the Charter of the Vietnam Bar Federation, in which , added cases of name removal from the list of lawyers.

In particular, Clause 3, Article 42 of the Bar Federation's Charter of Vietnam stipulates that a lawyer who falls into one of the following cases will automatically be disciplined by removing his/her name from the list of lawyers of the Bar Association without having to follow normal attorney disciplinary procedures, including:

- Revorking law practicing certificate for the cases specified at Points h and i, Clause 1, Article 18 of the Law on Lawyers, specifically:

+ Being administratively sanctioned by deprivation of the right to use the law practice certificate for a definite time; being subject to administrative handling measures and sent to compulsory rehab establishments or compulsory education establishments;

+ Convicted but the judgment has taken legal effect;

(According to Vietnam's Decision 1573/QD-BTP, there is no regulation for automatic disciplinary action in the form of removal from the list of lawyers of the Bar Association in cases where lawyers are subject to administrative handling measures sent to compulsory rehab establishments or compulsory education establishments). 

- 18 months without paying a Vietnam Bar Federation membership fee or a Bar Association membership fee.

Decision 856/QD-TTg takes effect from the date of signing to replace Decision 1573/QD-BTP dated August 28, 2015.

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