Tasks and powers of a bar association in Vietnam

Tasks and powers of a bar association in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What is bar association?

Specifically, Article 60 of the Law on Lawyers 2006 (amended in 2012) stipulates on Bar Associations as follows:

- A bar association is a socio-professional organization of lawyers in a province or centrally run city, having the legal person status, its own seal and bank account and operating on the principle of self-financing with revenues from membership fees, contributions of members and other lawful revenue sources.

- A bar association may be set up in a province or centrally run city where exist three or more law practice certificate holders. The provincial/municipal People's Committee shall permit the setting up of a bar association after reaching agreement with the Justice Minister.

- A bar association has its own charter to govern its internal relations.

- Members of a bar association are lawyers.

The rights and obligations of members of a bar association are provided in its charter.

2. Tasks and powers of a bar association in Vietnam

Pursuant to Article 61 of the Law on Lawyers 2006 (amended in 2012), tasks and powers of a bar association in Vietnam are as follows:

- Represent and protect the lawful rights and interests of lawyers during their practice.

- Annually review and assess the quality of lawyers; supervise and cooperate with other bar associations in supervising the compliance to law, to the Charter of the Vietnam Bar Federation, the code of ethics and professional manner of their lawyers, lawyers in law-practicing organizations, and local branches of law-practicing organizations, and take disciplinary actions.

- Supervise and cooperate with other bar associations in supervising the activities of law-practicing organizations and their branches or offices; request law-practicing organizations to stop the violations of law, and request competent State agencies to handle.

- Issue the certificates of apprentice lawyer and supervise the apprentice lawyers; make a list of eligible participants in the assessment of the lawyer apprenticeship, and send it to the Vietnam Bar Federation.

- Receive and send the dossier of application for the lawyer practicing certificate to Services of Justice; request the Ministry of Justice to revoke lawyer practicing certificates.

- Organize the registration of joining the bar associations, organize the transfer and reception of lawyers; request the Vietnam Bar Federation to issue, replace, and revoke lawyer’s cards.

- Provide compulsory training courses in professional skills and the management of law-practicing organizations.

- Supervise the purchase of professional liability insurance of lawyers.

- Resolve the disputes between the apprentice lawyers, lawyers and the law-practicing organizations; between clients and law-practicing organizations and lawyers.

- Settle the complaints and denunciations intra vires.

- Summarize, exchange experience, take measures to improve the professional skills of lawyers.

- Collect the opinions from lawyers.

- Impose the fees for joining the bar association, the fees for lawyer apprenticeship based on the fee bracket provided by the Vietnam Bar Federation.

- Report the scheme for the general meeting, the plan for the structure of the Board of Directors, the reward and discipline council.

- Implement the resolutions, decisions, and regulations of the Vietnam Bar Federation.

- Enable lawyers to participate in disseminating, providing law education, and legal supports.

- Report the organization and operation of the bar association and the general meeting result to the Vietnam Bar Federation. Send the resolutions, decisions, and regulations of the bar association to the Vietnam Bar Federation in accordance with the Charter of the Vietnam Bar Federation or when being requested.

- Reporting the organization and operation, the general meeting result to People’s Committees of central-affiliated cities and provinces; send reports to competent State agencies at their request; send the resolutions, decisions, and regulations of the bar association to People’s Committees of central-affiliated cities and provinces.

- Other tasks and authority in accordance with the Charter or the Vietnam Bar Federation.

3. Bodies of a bar association in Vietnam

According to Article 62 of the Law on Lawyers 2006, the bodies of a bar association include:

- The plenary congress or lawyer deputies' congress of a bar association is its highest leading body.

- The managing board of a bar association is the executive body of its plenary congress or lawyer deputies' congress, which is elected by the plenary congress or lawyer deputies' congress.

- The commendation and disciplinary council of a bar association is elected by its plenary congress or lawyer deputies' congress according to the term of office of its managing board.

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