Legal status of the Bar Association in Vietnam

Legal status of the Bar Association in Vietnam (Internet image) 

Regarding this issue, the Lawnet would like to answer as follows:

1. Legal status of the Bar Association in Vietnam

- The Bar Association is a social-professional organization of lawyers in a province or centrally run city with legal status, seal, account, and headquarters.

The name of the Bar Association includes the phrase Provincial Bar Association (centrally run city) and the name of the province (centrally run city) where the Bar Association was established.

- The Bar Association was established according to the provisions of the Law on Lawyers.

- Members of the Bar Association are lawyers who have joined the Bar Association according to the provisions of the Law on Lawyers and the Charter of the Vietnam Bar Federation.

- The Bar Association is organized and operates according to the provisions of the Law on Lawyers and the Charter of the Vietnam Bar Federation. The Bar Association promulgates internal regulations to institutionalize the Charter of the Vietnam Bar Federation in regulating the internal relations of the Bar Association.

- The Bar Association is a member of the Vietnam Bar Federation, has the rights and obligations of being a member of the Federation, has its legal rights and interests protected by the Federation, and is subject to the guidance and supervision of the Federation according to the provisions of the Law on Lawyers and this Charter.

(Article 17 of the Charter of the Vietnam Bar Federation, issued together with Decision 856/QD-TTg in 2022)

2. Principles of organization and operation of the Bar Association

The Bar Association is organized and operates according to the principles of democracy, equality, and the minority obeying the majority. It carries out self-management within the unified organizational system of the Vietnam Bar Federation in accordance with the provisions of the Constitution, Law, Charter of the Vietnam Bar Federation, and Bar Association Rules; subject to the State's management according to the provisions of the Constitution and laws.

(Article 18 of the Charter of the Vietnam Bar Federation, issued together with Decision 856/QD-TTg in 2022)

3. Duties and powers of the Bar Association in Vietnam

- Duties and powers as prescribed in Article 61 of the Law on Lawyers.

- Represent the will, aspirations, rights, and legitimate interests of member lawyers in relations with domestic and foreign agencies, organizations and individuals.

- Support and protect the legal rights and interests of lawyers in practice.

- Carry out international cooperation according to the provisions of the law and the instructions of the Vietnam Bar Federation.

- Elect lawyers to attend the National Lawyers Congress; introduce lawyers to the list of candidates for election to agencies and leadership, management, and executive positions of the Federation.

- Implement resolutions, decisions, regulations, and instructions of the Vietnam Bar Federation; participate in Federation activities; and propose opinions and recommendations on consolidating and developing the organization and operations of the Federation.

- Be supported by the Federation, protection of legal rights and interests.

- Unite and cooperate with other Bar Associations to implement the principles and goals of the Vietnam Bar Federation.

- Promulgate resolutions, decisions, internal rules, regulations on fees, revenues, and other regulations that are not contrary to the provisions of law and the Charter of the Vietnam Bar Federation.

- Other duties and powers according to the provisions of the law and this Charter.

(Article 19 of the Charter of the Vietnam Bar Federation, issued together with Decision 856/QD-TTg in 2022)

4. Agencies, specialized units, and affiliated units of the Bar Association in Vietnam

- The Bar Association's Congress of Lawyers is the highest leadership body of the Bar Association.

- The Board of Directors of the Bar Association is the executive body of the Bar Congress and the executive body of the Bar Association.

- The Commendation and Disciplinary Council is a specialized agency that advises the Bar Association's Executive Board and has the responsibility and duty to review, verify, conclude and make recommendations to the Executive Board on rewards, discipline, and settlement of complaints and denunciations.

- The Bar Association's Office, specialized units, and affiliated units were established by the Bar Association to help the Executive Board implement the tasks and powers of the Bar Association.

- Bar Associations with 1,000 or more member lawyers may establish Bar Association Branches in districts or regions to help the Bar Association's Executive Board manage and organize lawyers' activities in the area. The Bar Association branch is an affiliated unit of the Bar Association, operating under the direction of and responsible to the Bar Association's Executive Board. A member of the Bar Association's Executive Board is the Head of the Bar Association Branch. The organizational structure, tasks, and powers of the Bar Association Branch are prescribed by the Bar Association's Rules. The establishment of a Bar Association branch is decided by the Bar Congress.

(Article 20 of the Charter of the Vietnam Bar Federation, issued together with Decision 856/QD-TTg in 2022)

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