THE
STANDING COMMITTEE OF NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
37/2001/PL-UBTVQH10
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Hanoi,
July 25, 2001
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ORDINANCE
ON LAWYERS
To ensure the defendants and the convicts
right to defense, to protect the legitimate rights and interests of the
involved parties and to meet the individuals and organizations increasing
demand for legal consultancy, contributing to the defense of socialist
legislation;
To develop and consolidate the contingent of professional lawyers with moral
quality and professional qualifications, to bring into full play the role of
lawyers and lawyers organizations in the cause of building a socialist
law-governed State of the people, by the people and for the people, and to
enhance the State management over the lawyers organizations and the practice of
lawyers occupation;
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam;
Pursuant to the Resolution of the Xth National Assembly, at the 8th session,
on the 2001 Law- and Ordinance-Making Program;
This Ordinance prescribes the lawyers organizations and the practice of
lawyers profession.
Chapter I
GENERAL PROVISIONS
Article 1.- Lawyers
1. Lawyers are those who fully meet conditions
to practice their profession under the provisions of this Ordinance and
participate in the legal proceedings, to provide legal consultancy and other
legal services at the requests of individuals and organizations with a view to
protecting their lawful rights and interests under the profession of law.
2. Through their activities, the lawyers
contribute to the defense of justice, social equitability and socialist
legislation.
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1. Observance of laws.
2. Observance of the rules on lawyers
professional ethics.
3. Being honest, respect for objective truths.
4. Being responsible before law for their
professional activities.
Article 3.- Organizational
forms of practice of lawyer’s profession
The organizational forms of practice of lawyer’s
profession shall be the lawyers office and the law partnership company, which
are prescribed in this Ordinance.
Article 4.-
Socio-professional organization of lawyers
The lawyers socio-professional organization is
set up to represent and protect the lawful rights and interests of lawyers,
supervise their observance of laws and rules on professional ethics and
participate in the management of the practice of lawyer’s profession according
to the provisions of this Ordinance.
Article 5.- Management
of the practice of lawyer’s profession
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Article 6.- Encouraging
legal support activities
The State and society encourage lawyers and
lawyer’s profession- practicing organizations to participate in free-of- charge
legal support activities for the poor and the beneficiaries of preferential
treatment policies under the provisions of law.
Chapter II
CONDITIONS FOR PRACTICE
OF LAWYER’S PROFESSION, THE RIGHTS AND OBLIGATIONS OF LAWYERS
Article 7.- Conditions
for practice of lawyer’s profession
Persons wishing to practice the lawyer’s
profession must join a lawyers union and possess the lawyer’s profession-
practicing certificates.
Article 8.- Conditions
for joining bar associations
1. Persons who fully meet the following
conditions can join bar associations:
a) Being Vietnamese citizens who permanently
reside in Vietnam;
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c) Having graduated from lawyer’s job- training
courses in Vietnam or foreign countries, recognized by Vietnamese laws, except
for cases of exemption therefrom specified in Article 9 of this Ordinance;
d) Having good moral quality;
e) Being not public officials and employees under
the provisions of the legislation on public officials and employees.
2. The following persons are not allowed to join
bar associations:
a) Being examined for penal liability or having
been convicted but not yet entitled to remission of criminal records;
b) Being put under administrative surveillance;
c) Having their civil act capacity lost or
restricted;
d) Being public officials or employees who have
been dismissed from their jobs but the three-year time limit therefor has not
expired yet, as counting from the date the dismissal decisions take effect.
Article 9.- Persons
entitled to exemption from lawyer’s job-training
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2. Persons who have worked as judges or
prosecutors for 5 years or more.
3. Persons who have worked as senior
investigators, senior legal experts, senior legal researchers.
Article 10.- Procedures
for joining bar associations
1. Persons wishing to join bar associations must
file their applications to the Managerial Boards of the bar associations of the
localities where they reside. Enclosed with such an application are the
following papers:
a) Their curricula vitae;
b) The copies of their diplomas of law bachelor,
master and/or doctor degrees.
c) The copy of the certificate of their
graduation from the lawyers job-training courses or the certificate of their
eligible exemption from the lawyers job- training as provided for in Article 9
of this Ordinance;
d) The judicial record card;
e) Papers certifying their places of residence.
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The persons whose applications have been
rejected can lodge their complaints according to the provisions in Clause 2,
Article 41 of this Ordinance.
Article 11.- Lawyers
profession probation
1. Persons who are admitted to bar associations
to become lawyers must go through the lawyers profession probation period of 24
months, except for cases of probation reduction or exemption as provided for in
Article 12 of this Ordinance.
2. The Managerial Boards of bar associations
shall recommend probationary lawyers to lawyers profession-practicing
organizations so that the latter appoint lawyers to guide, supervise and assess
the probation results of the probationary lawyers.
3. The lawyers shall have to accept to guide the
probationary lawyers according to the assignment by the lawyers offices or the
law partnership companies, where the lawyers practice their profession, and
take responsibility for the professional activities of the probationary
lawyers. At a time, a lawyer can guide three probationary lawyers at most.
The probationary lawyers may only conduct
professional activities according to the assignment by the instructing lawyers.
4. Upon the expiry of their probation period,
the probationary lawyers must go through an examination for the assessment of
their capability to practice the lawyer’s profession.
5. Those who pass the examinations shall be
granted the certificates of lawyer’s profession practice.
6. The following persons shall have their names
deleted from the lists of probationary lawyers:
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b) Persons who seriously breach the probationary
regime, the bar association charters or other provisions of this Ordinance.
7. The Government shall specify the probationary
regime and the post-probation examination procedures.
Article 12.- Probation
exemption and reduction
Those who have worked as judges or prosecutors
for 5 to under 10 years shall have their probation duration reduced by half;
for 10 or more years shall be exempt from probation.
Persons who have spent some time working in the
legal field with the titles of legal expert, legal researcher, law lecturer,
verifier, investigator, notary public, executioner and/or inspector for 10 to
under 15 years shall have their probation duration reduced by half; and for 15
or more years shall be exempt from probation.
Article 13.- Granting
of lawyer’s profession-practicing certificates
1. Persons who have passed the post-probation
examinations and persons who are exempt from lawyer’s occupation probation
shall be recommended by the Managerial Boards of the bar associations to the
Ministry of Justice for the granting of lawyer’s professional practice
certificates.
2. A dossier of proposing the granting of
lawyer’s professional practice certificate shall include:
a) The application for the lawyer’s professional
practice certificate;
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c) The judicial record card;
d) The copy of the diploma of law bachelor, master
or doctor degree;
e) The copy of the certificate of graduation
from a lawyer’s job- training course or the written certification of their
eligible exemption from the lawyer’s job- training under the provisions in
Article 9 of this Ordinance;
f) The remarks of the instructing lawyer(s) on
the professional capability and morality of the probationary lawyer with
certification by the lawyer’s profession- practicing organization, except for
cases of probation exemption prescribed in Article 12 of this Ordinance;
g) The post-probation examination results or
papers certifying the eligible exemption from the lawyer’s profession probation
as provided for in Article 12 of this Ordinance;
h) The written proposal on the granting of
lawyer’s professional practice certificate, made by the Managerial Board of the
bar association.
3. Within 30 days as from the date of receiving
the dossiers of proposing the granting of lawyer’s professional practice
certificates, the Ministry of Justice shall grant such certificates to the
applicants; in case of refusal, the applicants and the Managerial Boards of the
bar associations must be notified in writing of the reasons therefor.
The persons denied the granting of lawyer’s
professional practice certificates may lodge their complaints as provided for
in Clause 1, Article 41 of this Ordinance.
4. The lawyer’s professional practice
certificate grantees can practice their profession with all rights and
obligations of the lawyers.
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1. The lawyers shall practice their profession
within the following scope:
a) Participating in the legal proceedings in
their capacity as counsels for the defendants or the convicts or as the
protectors of the legitimate rights and interests of the victims, the civil
plaintiffs, the civil defendants, the persons with rights and interests related
to criminal cases;
b) Participating in the legal proceedings in
their capacity as the representatives or protectors of the legitimate rights
and interests of the involved parties in civil, economic, labor or
administrative cases;
c) Participating in the legal proceedings as
arbiters to solve disputes;
d) Providing legal consultancy, drafting
contracts and applications at requests of individuals, organizations;
e) Acting as authorized representatives of
individuals or organizations (hereinafter referred collectively to as clients)
to do things related to legislation;
f) Providing other legal services under the
provisions of law.
2. Lawyers are entitled to practice their profession
throughout Vietnam.
The lawyers practice of their profession
overseas shall comply with the Government’s regulations.
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1. The lawyers have the right:
a) To select fields for their professional practice
under the provisions of this Ordinance;
b) To set up lawyer;s offices or law partnership
companies;
c) To work under contracts for lawyers offices
or law partnership companies;
d) To participate in the legal proceedings
according to the legislation on legal proceedings and this Ordinance;
e) To exercise other rights as prescribed by
law.
2. The lawyers have the obligation:
a) To abide by the principles on practice of
lawyer’s profession, prescribed in Article 2 of this Ordinance;
b) To correctly employ lawful measures to
protect clients legitimate rights and interests;
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d) To perform other obligations as provided for
by law.
3. The probationary lawyers have the rights and
obligations like the lawyers, except the following:
a) Setting up or joining in setting up lawyers
offices, law partnership companies;
b) Signing legal consultancy documents;
c) Participating in legal proceedings in cases
which fall under the adjudicating competence of the People’s Courts of the
provinces or centrally- run cities, the military courts of military zones or
equivalent levels, the Supreme People’s Court;
d) Participating in legal proceedings in cases
which fall under the adjudicating competence of the People’s Courts of rural
districts, urban districts, provincial capitals or towns, regional military
courts without assignment by the instructing lawyers or without the consents of
clients.
Article 16.- Things
banned to lawyers
1. Defending defendants, convicts or protecting
the involved parties, that have opposite interests in the same case.
2. Deliberately providing false evidences;
inciting defendants, convicts or involved parties to make untruthful
declarations or groundless complaints, lawsuits or denunciations.
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4. Harassing clients.
5. Accepting any sum of money, any material
interests from clients outside the remuneration and expenses, which the lawyers
offices or law partnership companies have discussed and agreed with them.
6. Committing other law-breaking acts.
Chapter III
LAWYER’S PROFESSION-
PRACTICING ORGANIZATIONS
Article 17.- Forms of
lawyers profession - practicing organization
1. The lawyer’s office.
2. The law partnership company.
The lawyers may select either of the two forms
prescribed in this Article to practice their profession.
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A lawyer’s office may be set up by one or several
lawyers.
If a lawyer’s office is set up by a lawyer, such
lawyer is the head of the office and has to bear the responsibility with
his/her entire property for all obligations of the office.
If a lawyer’s office is set up by several
lawyers, the member lawyers shall have to jointly bear responsibility with all
their property for all obligations of the office. The member lawyers shall
reach agreement on the appointment of a lawyer to be the head of the office.
The office’s head is the office’s representative at law.
2. The lawyer’s offices are entitled to provide
legal services in the fields of legal proceedings, legal consultancy and other
legal services.
3. The appellation of the lawyer’s office shall
be selected by the lawyer or member lawyers, which, however, must include the
phrase "van phong luat su" (lawyer’s office) and ensure that it is
not identical to, or does not cause confusion with, the name of another
lawyer’s office already registered for operation, does not breach the historical,
cultural and moral traditions as well as fine customs and practices of the
nation.
4. The lawyer’s office has its own seal under
the regulations of the Government.
Article 19.- The law
partnership company
1. The law partnership company is a form of the
lawyer’s profession- practicing organization, set up by at least two lawyers
who jointly bear responsibility with their entire property for all obligations
of the company. The law partnership company consists only of the partnership
members.
The establishment, organization, management and
operation of the law partnership company shall comply with this Ordinance;
where this Ordinance does not prescribe them, the provisions of the Enterprise
Law shall be complied with.
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3. The appellation of the law partnership
company shall be selected under the joint agreement of the member lawyers,
which, however, must include the phrase " Cong ty luat hop danh" (Law
partnership company) and neither is identical to nor cause confusion with, the
name of another law partnership company, and must not breach the historical,
cultural and moral traditions as well as fine customs and practices of the
nation.
4. The law partnership company has its own seal
under the regulations of the Government.
Article 20.-
Registration for operations of lawyer’s offices, law partnership companies
1. A dossier of registration for the operation
of a lawyer’s office or a law partnership company shall include:
a) The application for operation registration;
b) The contract on establishment, for the
lawyer’s office set up by a number of lawyers, or the charter, for the law partnership
company;
c) The list of founding member lawyers;
d) The copy(ies) of the certificate(s) of
lawyer’s professional practice of the lawyer or founding member lawyers;
e) The papers certifying the office.
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Within 15 days after the receipt of the
dossiers, the provincial/municipal Justice Services shall grant the operation
registration certificates to the lawyer’s offices or the law partnership
companies; in case of refusal, they must notify the applicants in writing of
the reasons therefor. The persons denied the granting of operation registration
papers may lodge their complaints according to the provisions in Article 41 of
this Ordinance.
The lawyer’s offices and law partnership
companies shall commence their operations as from the date they are granted the
operation registration papers.
3. When there are any changes in the appellations,
head-offices, fields of occupational practice, lists of member lawyers, the
lawyer’s offices and the law partnership companies shall, within 10 days before
the changes are effected, have to notify such in writing to the
provincial/municipal Justice Services of the localities where they have
registered their operations.
Article 21.- Publishing
on newspapers the establishment of lawyer’s offices, law partnership companies
Within 30 days as from the date of being granted
the operation registration paper, a lawyer’s office or a law partnership
company shall have to publish on a central daily or a newspaper of the locality
where it has registered its operation or a specialized law newspaper for three
consecutive issues the following major contents:
1. The name and address of the head-office;
2. The field of professional practice;
3. The name of the lawyer or the names of
founding member lawyers;
4. The name of the lawyer as representative at
law;
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Article 22.- The rights
of the lawyer’s offices, law partnership companies
1. To provide legal services in the domains
inscribed in the operation registration papers.
2. To receive remuneration from clients.
3. To hire Vietnamese lawyers and employees to
work for the offices or companies.
4. To hire foreign lawyers, to cooperate with
foreign lawyers’ organizations under the provisions of law on foreign lawyers’
professional practice in Vietnam.
5. To set up domestic branches under the
provisions in Article 24 of this Ordinance.
6. To open professional practice establishments
overseas under the regulations of the Government.
7. To exercise other rights as prescribed by
law.
Article 23.- The obligations
of the lawyer’s offices, the law partnership companies
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a) To operate within the fields of professional
practice inscribed in the operation registration papers;
b) To strictly abide by the contents already
contracted with clients;
c) To pay compensation for damage caused to
clients by their lawyers while providing legal consultancy and/or other legal
services;
d) To buy occupational liability insurance for
their lawyers;
e) To post up the charge rates at their
head-offices;
f) To abide by the law provisions on labor, tax,
accounting, statistics;
g) To accept probationary lawyers and appoint
lawyers to instruct the probationary lawyers upon the recommendation of the
Managerial Boards of the bar associations.
h) To meet the requests of competent State
bodies regarding the reporting, examination and inspection;
i) To fulfill other obligations as prescribed by
law.
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a) The obligations prescribed in Clause 1 of
this Article;
b) To appoint lawyers to participate in the
legal proceedings for cases as requested by the agencies conducting the legal
proceedings, according to the assignment of the bar associations.
Article 24.- Branches
of lawyer’s offices, branches of law partnership companies
1. Branches of lawyer’s offices and branches of
law partnership companies are dependent units of such lawyer’s offices or law
partnership companies, which operate under the authorization of the lawyer’s
offices or the law partnership companies in accordance with the fields of
professional practice inscribed in the operation registration papers of the
offices or the companies.
The lawyer’s offices and the law partnership
companies shall have to bear responsibility for the operations of the branches
they have set up.
2. Branches of lawyer’s offices and branches of
law partnership companies must register their operations at the
provincial/municipal Justice Services of the localities where they have been set
up. The dossier of registration for a branch’s operation shall include:
a) The application for the branch’s operations;
b) The copy of the operation registration paper
of the lawyer’s office or the law partnership company;
c) The decision on the setting up of the branch;
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e) The papers certifying the branch’s
headquarter.
Within 10 days as from the date of receiving the
dossiers, the provincial/municipal Justice Services shall grant the operation
registration papers to the branches; in case of refusal, they shall have to
notify the applicants in writing of the reasons therefor. Persons who are
denied the granting thereof may lodge their complaints as provided for in Clause
1, Article 41 of this Ordinance.
Branches may commence their operations as from
the date of being granted the operation registration papers.
3. Within 30 days as from the date of being
granted the operation registration papers, the branches shall have to publish
their establishment on central newspapers or newspapers of the localities where
they have registered their operations or specialized law newspapers for three
consecutive issues.
Article 25.- Legal
service contracts
The legal service contracts concluded between
lawyer’s offices or law partnership companies and clients are civil contracts,
which must be made in writing and contain the following principal contents:
1. The names and addresses of the clients or
their representatives, the lawyer’s offices or the law partnership companies;
2. The service contents; the
contract-performance duration;
3. The rights and obligations of the parties;
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5. Liability for breach of the contract.
The contract must be notarized if either party
so requests.
Article 26.- Termination
of operation of lawyers offices, law partnership companies and/or of their
branches
1. Lawyers offices and/or law partnership
companies and/or the branches thereof shall terminate their operation in the
following cases:
a) They terminate their operation by themselves;
b) Their operation registration papers have been
withdrawn.
2. The Government shall stipulate the order and
procedures for termination of operations of lawyers offices, law partnership
companies and/or branches thereof.
Chapter IV
REMUNERATIONS AND
PAYMENT OF EXPENSES
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Clients must pay remunerations when using legal
services provided by lawyer’s offices or law partnership companies. The receipt
of remunerations by lawyer’s offices and law partnership companies shall comply
with the law provisions on accounting.
The lawyer’s offices and the law partnership
companies shall effect the exemption and/or reduction of remunerations for subjects
being poor people and the beneficiaries of preferential treatment policies
according to the regulations of the bar associations.
Article 28.-
Remuneration calculation bases and mode
1. The remuneration level shall be calculated on
the following bases:
a) The contents and nature of the legal
services;
b) The time and labor used by lawyers to perform
the legal services;
c) The lawyers’ experiences and prestige.
2. The lawyer’s offices, the law partnership
companies and the clients may agree on the application of the following
remuneration calculating modes:
a) According to the number of hours spent by
lawyers;
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c) According to cases and affairs with
remuneration calculated in percentages of lawsuit prices or contractual value,
project value;
d) According to long-term contracts with fixed
remuneration.
Article 29.- Agreement
on remuneration
The remuneration levels shall be agreed upon by
clients and lawyer’s offices or law partnership companies in their legal
service contracts; for criminal cases with lawyers participating in the legal
proceedings, the remuneration levels must not exceed the ceiling remuneration
levels prescribed by the Government.
Article 30.- Payment of
expenses
In addition to the remuneration, clients may
reach agreement with lawyer’s offices or law partnership companies on the
payment of travel fares, accommodation and other reasonable expenses for work
performance at their requests. The payment of expenses shall comply with the
law provisions on accounting.
Article 31.-
Remuneration and expense payment in cases where lawyers participate in the
legal proceedings at the request of agencies which conduct the legal
proceedings
Lawyer’s offices which send their lawyers for
participation in the legal proceedings in criminal cases at the request of the
agencies which conduct the legal proceedings may receive remuneration and enjoy
the expense payment under the regulations of the Government.
Chapter V
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Article 32.- Bar
associations
1. Bar associations are the socio-professional
organizations of the lawyers.
2. In each province or centrally- run city,
where live three or more lawyers, a bar associations can be set up. The Peoples
Committee of such province or centrally- run city shall issue a decision
permitting the establishment of the bar associations after reaching agreement
with the Minister of Justice.
3. Bar associations have the legal person
status, their separate accounts and seals, operating on the principle of
self-financing with the source of membership fees, contributions of members and
other lawful revenue sources.
4. The bar associations have their own charters
to regulate their internal relations.
Article 33.- Tasks and
powers of bar associations
1. To supervise and assess the probation results
of probationary lawyers.
2. To represent and protect the legitimate
rights and interests of lawyers, probationary lawyers.
3. To supervise the lawyers observance of laws,
rules on professional ethics.
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5. To reconcile disputes on professional
practice between lawyers, probationary lawyers and lawyer’s offices or law
partnership companies; between lawyer’s offices and/or law partnership
companies; between clients and lawyer’s offices or law partnership companies.
6. To conduct professional review, exchanges of
experiences, professional fostering and implement other measures in order to
raise the professional levels of lawyers.
7. To reflect lawyers’ comments and proposals on
elaboration of policies and laws of the State.
8. To organize lawyers for their participation
in law dissemination and education.
9. To annually report to the Ministry of
Justice, the People’s Committees of provinces or centrally-run cities on the
organization, operation and lists of lawyers of the bar associations.
10. To send to the Ministry of Justice and the
People’s Committees of provinces or centrally-run cities the resolutions and
decisions of bar associations.
Article 34.- Members of
bar associations
1. Lawyers who have joined bar associations are
members of such unions.
The rights and obligations of the members of bar
associations in the internal relations of the bar associations shall be defined
in the charters of the bar associations.
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Article 35.- Bodies of
a bar associations
1. A bar associations is composed of the
following bodies:
a) The entire lawyers’ conference which is the
supreme body of the bar associations;
b) The Managerial Board of the bar associations
is the executive body of the entire lawyers’ conference, which is elected by
the entire lawyers’ conference;
c) The Commendation and Discipline Council
comprising members of the Managerial Board of the bar associations and a number
of the association’s lawyers elected by the entire lawyers’ conference with a
term of office being the same as that of the Managerial Board.
2. The tasks and powers of the entire lawyers’
conference, the Managerial Board of the bar associations and the Commendation
and Discipline Council shall be defined in charter of the bar associations.
Article 36.- The
national lawyers’ organization
On the national scale, the national lawyers’
organization represents the lawyers and protects their legitimate rights and
interests.
The founding, function and tasks of the national
lawyers’ organization shall comply with the Government’s regulations.
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STATE MANAGEMENT OVER
LAWYERS� ORGANIZATIONS AND PRACTICE OF LAWYER�S PROFESSION
Article 37.- Contents
of the State management over lawyers’ organizations and practice of lawyer’s
profession
1. To work out strategies and policies on the
development of lawyer’s profession in Vietnam.
2. To promulgate and guide the implementation
of, legal documents on lawyers’ organizations and practice of lawyer’s
profession.
3. To organize and guide the professional
training and fostering for lawyers.
4. To grant certificates of lawyer’s
professional practice.
5. To grant the operation registration papers
for lawyer’ s profession- practicing organizations.
6. To permit the setting up and dissolution of
socio-professional organizations of lawyers.
7. To examine, inspect and settle complaints and
denunciations and handle violations of legislation on lawyers’ organizations
and practice of lawyer’s profession.
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9. To apply measures in support of the
development of lawyer’s profession.
10. To perform the State management over
activities of international cooperation on lawyers.
Article 38.- The State
management bodies
1. The Government performs the unified State
management over lawyers’ organizations and the practice of lawyer’s profession.
2. The Ministry of Justice is responsible before
the Government for the performance of State management over the lawyers’
organizations and the practice of lawyer’s profession.
3. The Ministry of Justice shall coordinate with
the ministries, the ministerial-level agencies and the agencies attached to the
Government in exercising the State management over the lawyers’ organizations
and the practice of lawyer’s profession according to the provisions of law.
4. The People’s Committees of the provinces and
centrally- run cities shall, within the scope of their tasks and powers,
perform the State management over the lawyers’ organizations and the practice
of lawyer’s profession in their localities.
Chapter VII
COMMENDATION, HANDLING
OF VIOLATIONS, COMPLAINTS AND DENUNCIATIONS
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Individuals and organizations that record
achievements in the fields of lawyers organizations and practice of lawyer’s
profession shall be commended according to law provisions.
Article 40.- Handling
of violations
1. Those who fail to fully meet the conditions
prescribed in this Ordinance but practice lawyer’s profession shall, depending
on the nature and seriousness of their violations, be administratively sanctioned
or examined for penal liability; if causing damage, they shall have to pay
compensation therefor according to the provisions of law.
2. Individuals and organizations that practice
lawyer’s profession and commit acts of violating the provisions of this
Ordinance shall, depending on the nature and seriousness of their violations,
be disciplined, administratively sanctioned or examined for penal liability; if
causing damage, they must pay compensations therefor according to the
provisions of law.
3. Those who abuse their positions and powers to
commit acts of violating the provisions of this Ordinance shall, depending on
the nature and seriousness of their violations, be disciplined or examined for
penal liability; if causing damage, they must pay compensations therefor
according to the provisions of law.
Article 41.-
Complaints, denunciations
1. Individuals and organizations shall have the
right to lodge their complaints about administrative decisions and/or
administrative acts of competent State bodies, competent persons in the State
administrative bodies when having grounds to believe that such decisions and/or
acts have breached the provisions of this Ordinance, infringed upon their
legitimate rights and interests.
The settlement of complaints shall comply with
the provisions of legislation on complaints.
2. Individuals and organizations may lodge
complaints about decisions of the Managerial Boards, the Commendation and
Discipline Councils of the bar associations when having grounds to believe that
such decisions have infringed upon their legitimate rights and interests.
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The presidents of the provincial/municipal
People’s Committees are competent to settle complaints about the decisions of
the Managerial Boards, the Commendation and Discipline Councils of the bar
associations, which have already been settled by the heads of the bar
associations or the presidents of the Commendation and Discipline Councils of
the bar associations but remain to be complained about.
If disagreeing with the complaint-settling
decisions of the presidents of the provincial/municipal People�s Committees, the
complainants may further complain to the Justice Minister or initiate lawsuits
in administrative cases at courts as provided for by law.
3. Individuals may denounce to competent State
bodies acts of violating the provisions of this Ordinance.
The settlement of denunciations shall comply
with the provisions of legislation on denunciation.
Chapter VIII
IMPLEMENTATION
PROVISIONS
Article 42.- Provisions
on transition
1. Those who have been recognized as lawyers
under the provisions of the 1987 Ordinance on Lawyers’ Organizations shall be
granted the lawyer’s professional practice certificates to practice the lawyer’s
profession according to this Ordinance; for lawyers currently being public
officials or employees, they may continue practicing the lawyer’s profession
for a period of three years as from the date this Ordinance takes effect.
2. Within one year as from the date this
Ordinance takes effect, the lawyers operating in the fields of legal
proceedings, legal consultancy and other legal services in any forms shall all
have to switch to operation in various organizational forms of practicing the
lawyer’s profession, prescribed in Article 17 of this Ordinance.
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4. The Government shall detail and guide the
transition for lawyers and bar associations.
Article 43.-
Professional practice by foreign lawyers.
The professional practice by foreign lawyers in
Vietnam shall be stipulated by the Government.
Article 44.-
Implementation effect
This Ordinance takes effect as from October 1,
2001.
This Ordinance replaces the Ordinance on
Lawyers’ Organizations, which was passed on December 18, 1987 by the State
Council.
The previous stipulations contrary to this
Ordinance shall all be cancelled.
Article 45.-
Implementation guidance
The Government shall detail and guide the
implementation of this Ordinance.
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ON BEHALF OF THE NATIONAL
ASSEMBLY STANDING COMMITTEE
CHAIRMAN
Nguyen Van An