What is Vietnam Bar Federation? Bodies of the Vietnam Bar Federation

What is Vietnam Bar Federation? Bodies of the Vietnam Bar Federation (Internet image)

Regarding this issue, LawNet would like to answer as follows

1. What is Vietnam Bar Federation?

Specifically, Article 64 of the Law on Lawyers 2006 (amended in 2012) stipulates the Vietnam Bar Federation as follows:

- The Vietnam Bar Federation is a socio-professional organization of lawyers nationwide, which represents lawyers and bar associations; has the legal person status, its own seal and bank account; and operates on the principle of self-financing with membership fee revenues, contributions of members and other lawful revenue sources.

Members of the Vietnam Bar Federation are bar associations and lawyers. Lawyers participate in the Vietnam Bar Federation through bar associations which they have joined.

- The Vietnam Bar Federation has its own charter.

The rights and obligations of members of the Vietnam Bar Federation are provided for in its charter.

2. Tasks and authority of the Vietnam Bar Federation 

Pursuant to Article 65 of the Law on Lawyers 2006 (amended in 2012), the tasks and authority of the Vietnam Bar Federation include:

- Represent and protect the lawful rights and interests of bar associations and lawyers nationwide.

- Supervise the compliance with law and with the charter of the Vietnam Bar Federation of lawyers and bar associations; request the Ministry of Justice to revoke lawyer practicing certificates.

- Issue and supervise the compliance with the code of ethics and professional manners of Vietnamese lawyers. The code of ethics and professional manners of Vietnamese lawyers must not contradict the Charter of the Vietnam Bar Federation.

- Organize lawyer training; formulate programs and guide bar associations to provide compulsory courses in professional skills and the management of law-practicing organizations.

- Assess and take responsibility for the lawyer apprenticeships as prescribed in this Law and guided by the Ministry of Justice.

- Summarize and exchange the experience in the practice of law nationwide; Organize votes and celebrations of reputable and dedicated lawyers and law-practicing organizations.

- Introduce the lawyers’ uniforms in court, the form of application for joining bar associations; the form of lawyer’s cards, the issue, replacement, and revocation of lawyer’s cards; guide the annual review and assessment of the lawyers’ quality.

- Specify the exemption and reduction of fees and charges, the settlement of disputes over fees and charges of lawyers.

- Introduce a fee bracket for lawyer apprenticeship, for joining bar associations, and membership fees.

- Guide and supervise the fulfillment of the obligation to provide legal supports of lawyers.

- Express opinions about the organization of general meetings, formulate plans for the structure of the Board of Directors, reward and discipline council of bar associations; direct the bar association general meetings.

- Suspend the implementation and request the amendment of the resolutions, decisions, and regulations of bar associations that contradict the Charter of the Vietnam Bar Federation; request competent State agencies to suspend the implementation, and request the amendment of the resolutions, decisions, and regulations of bar associations that contradict law.

- Settle the complaints and denunciations intra vires.

- Collect the opinions from lawyers.

- Participate in developing laws, studying law, disseminating, providing law education, and legal supports.

- Carry out international cooperation in law practicing.

- Cooperate with the Ministry of Justice in preparing and sending reports to competent agencies on the organization of general meetings, the plan for voting the management staff of the Vietnam Bar Federation.

- Report the organization and activities of lawyers nationwide, the organization and operation of the Vietnam Bar Federation, the result of the Vietnam Bar Federation general meetings to the Ministry of Justice; send reports to competent State agencies at their requests; send the resolutions, decisions, and regulations of the Vietnam Bar Federation to the Ministry of Justice.

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

3. Bodies of the Vietnam Bar Federation

Bodies of the Vietnam Bar Federation include:

- The national lawyer deputies' congress, which is its highest leading body;

- The national lawyers' council, which is the leading body of the Vietnam Bar Federation during the interval between two national lawyer deputies' congresses;

- The executive board of the Vietnam Bar Federation, which is the body administering all tasks of the Vietnam Bar Federation during the interval between two national lawyer-deputies' congresses;

- Other bodies specified by the charter of the Vietnam Bar Federation.

Tasks and powers of bodies of the Vietnam Bar Federation are provided for in its charter.

(Article 66 of the Law on Lawyers 2006, amended in 2012)

4. The Charter or the Vietnam Bar Federation

The Charter or the Vietnam Bar Federation is passed according to the Law on Lawyers 2006 and the laws on national lawyers’ general meetings. The Charter or the Vietnam Bar Federation is uniformly applied to the Vietnam Bar Federation and bar associations.

The Charter or the Vietnam Bar Federation comprises:

-The principles, purposes and symbol of the Charter or the Vietnam Bar Federation;

- The rights and obligations of members of the Vietnam Bar Federation;

- The relation between the Vietnam Bar Federation and bar associations;

- The procedure for joining bar associations, withdrawing from bar associations, and moving to other bar associations;

- The obligation to provide legal supports of lawyers;

- The uniforms of lawyers in court; the form of lawyer’s cards, the issue, replacement, and revocation of lawyer’s cards;

- The tenures, the organizational structure, the voting and discharging methods, the tasks and authority of the agencies affiliated to the Vietnam Bar Federation, bar associations; the cooperation among bar associations in managing lawyers and law-practicing organization;

- The structure and quantity of delegates, the tasks and authority of the general meeting of lawyers, the congress of bar associations; the procedure for organizing the congress of bar associations and the Vietnam Bar Federation;

- The regulations of bar associations;

- The finance of the Vietnam Bar Federation and bar associations;

- Rewarding and disciplining lawyers, settling complaints and denunciations;

- The obligation to report the organization and operation of the Vietnam Bar Federation and bar associations;

- The relationship with other organizations.

Within 03 working days as from the date of passing, the national lawyer council shall send the Charter or the Vietnam Bar Federation to the Ministry of Justice for consideration and approval.

Within 30 days as from receiving the charter of the Vietnam Bar Federation, the Minister of Justice shall approve it after reaching an agreement with the Minister of Internal Affairs The Charter or the Vietnam Bar Federation takes effect on the date of approval.

(Article 67 of the Law on Lawyers 2006, amended in 2012)

Ho Quoc Tuan

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