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THE GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
131/2008/ND-CP
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Hanoi, December
31, 2008
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DECREE
GUIDING THE IMPLEMENTATION OF THE LAW ON LAWYERS REGARDING
LAWYERS' SOCIO-PROFESSIONAL ORGANIZATIONS
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the June 29, 2006 Law on Lawyers;
At the proposal of the Justice Minister,
DECREES:
Chapter 1
GENERAL PROVISIONS
Article 1.
Governing scope and subjects of application
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2. This Decree applies to bar
associations of provinces and centrally run cities, the Vietnam Union of Bar
Associations and concerned agencies and organizations.
Article 2.
Functions, tasks and powers of lawyers' socio-professional organizations
1. Lawyers' socio-professional
organizations are established in provinces and centrally run cities nationwide
to represent and protect the lawful rights and interests of lawyers; to perform
the self-management functions of lawyers with a view to building and developing
a contingent of lawyers with good political quality and ethics and high
professional qualifications, contributing to defending justice, developing
economy and building an equitable, democratic and civilized society.
2. Lawyers' socio-professional
organizations have the rights and powers prescribed by the Law on Lawyers and
their own Charters.
Article 3.
Principles on organization and operation of lawyers' socio-professional
organizations
1. To observe the Constitution
and law.
2. To comply with their Charters
approved under law.
3. To combine self-management
with state management.
4. To operate in a democratic,
equal, public and transparent manner.
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Article 4.
The State's responsibilities
1. State agencies shall, within
the ambit of their respective functions, tasks and powers, create favorable
conditions for lawyers' socio-professional organizations to operate in
accordance with law and their Charters.
2. The State adopts policies to
support lawyers' socio-professional associations in initial material
foundations; takes measures to prop the development of the contingent of
lawyers and the training and retraining in professional, operation, ethical
rules and the professional code of conducts for lawyers.
Article 5.
Prohibited acts
1. Illegally obstructing or
intervening in the organization and operation of lawyers' socio-professional
organizations.
2. Abusing the name of lawyers'
socio-professional organizations to cause adverse impacts on national security,
social order and safety, to infringe upon state interests, public interests, lawful
rights and interests of agencies, organizations or individuals.
Chapter II
BAR ASSOCIATIONS
Article 6.
Legal status of Bar Associations
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2. Bar Associations are members of
provincial-level Fatherland Front organizations as provided in the Charter of
Vietnam Fatherland Front.
3. Bar Associations have their
own Charters to regulate their internal relations. The charter of a bar
association must not be contrary to the Charter of the Vietnam Union of Bar
Associations.
Article 7.
Conditions for establishment of a Bar Association
1. Its guiding principles and
operation purposes are not contrary to the Constitution and law.
It has at least three founding
members possessing law practice certificates in each province or centrally run
city.
2. It has a scheme on
organizational structure and a charter.
Article 8.
Procedures to permit the establishment of a Bar Association
1. A dossier for establishment
of a Bar Association comprises:
a/ A written application for
establishment of a Bar Association;
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c/ The draft report on
orientations for activities of the Bar Association;
d/ The scheme on organization of
a bar association-founding congress;
e/ A list of members of the Bar
Association, enclosed with copies of their law practice certificates.
2. The dossier for establishment
of a Bar Association will be compiled and sent to a provincial-level Justice
Service by its founding members. Within fifteen days from the date of receipt
of a complete dossier, the provincial-level Justice Service shall assume the
prime responsibility for, and coordinate with the provincial-level Home Affairs
Service in, examining the dossier and submitting it to the provincial-level
People's Committee for permission for the establishment of the Bar Association.
Within five working days after
receiving the written examination of the provincial-level Justice Service, the
provincial-level People's Committee shall send a document to the Ministry of
Justice on the establishment of a Bar Association in the locality. Within seven
working days after the receipt of the document of the provincial-level People's
Committee, the Ministry of Justice shall issue a document on the establishment
of the Bar Association.
After obtaining the written
agreement of the Justice Minister, the president of the provincial-level
People's Committee shall decide to permit the establishment of the Bar
Association; in case of refusal, he/she shall notify in writing the reason therefor.
The refused applicant may lodge his/her complaint according to law.
Article 9.
Bar association-founding congress
1. Within sixty days after a
decision permitting the establishment of a Bar Association takes effect, the
Bar Association founders shall organize a congress to found the Bar
Association; past this time limit, if the congress is not organized, the
decision permitting the establishment of the Bar Association ceases to be
effective.
2. A Bar Association-founding
congress covers the following principal activities:
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b/ Discussion on and voting to
adopt the Charter of the Bar Association;
c/ Election of the Management
Board, the Manager and the Commendation and Discipline Board;
d/ Adoption of the report on
orientations for activities of the bar association;
e/ Adoption of the resolution of
the congress.
3. The Bar Association-founding
congress's results are subject to approval under Article 12 of this Decree.
Article 10.
Approval of Bar Associations' Charters
1. Within seven working days
after the Charter of a Bar Association is adopted, the Management Board of the
Bar Association shall send to the provincial-level Justice Service a dossier requesting
approval of the Charter. Such dossier comprises:
a/ A written request for
approval of the Charter;
b/ The Charter and minutes for
the adoption of the Charter;
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d/ The written consent of the Vietnam
Union of Bar Associations to the Charter's contents.
2. Within twenty days after the
receipt of a complete dossier of request for approval of the Charter of a Bar
Association, the provincial-level Justice Service shall assume the prime
responsibility for, and coordinate with the provincial-level Home Affairs
Service in, appraising the dossier and proposing the provincial-level People's
Committee to approve the Charter.
Within ten working days after
the receipt of written appraisals of the provincial-level Justice Service
together with the dossier, the provincial-level People's Committee president
shall decide to approve or disapprove the Charter of the Bar Association; in
case of refusal, he/she shall notify in writing the reasons therefor.
3. The Charter of a Bar
Associations will be disapproved in the following cases:
a/ Its contents are contrary to
the Constitution and law;
b/ Its contents are not in line
with the Charter of the Vietnam Union of Bar Associations;
c/ The charter-approving order
and procedures fail to ensure regularity, democracy, publicity and transparency
as provided for by law and the Charter of the Vietnam Union of Bar
Associations.
4. If a Bar Association's
Charter is disapproved, its Management Board shall amend the Charter or reorganize
the congress to adopt the Charter according to law and the Charter of the
Vietnam Union of Bar Associations.
5. When a Bar Association's
Charter is revised, the Management Board of such Bar Association shall, within
seven working days after the revised Charter is adopted, send to the concerned
provincial-level Justice Service a written request enclosed with the revised
Charter, the minutes on the adoption of the revised Charter and the resolution
of the congress.
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6. The charter of a Bar
Association takes effect on the date of its approval.
Article 11.
Term congress of a Bar Association
1. The plenary congress or
delegate congress of lawyers of a Bar Association (below referred to as the
lawyers' congress) is the supreme leading body of the Bar Association. The term
of a lawyers' congress shall be specified in the bar association's Charter, but
must not exceed 5 years after the term of the previous congress ends.
2. A lawyers' congress is
regarded as valid if it is participated by at least two-thirds of the bar
association's members or two-thirds of the convened delegates.
The approval of decisions and
resolutions of lawyers' congresses must be voted for by more than half of the
official participants.
3. At least thirty days before
the date projected for organization of a term congress, the Bar Association's
Management Board shall report to the provincial-level People's Committee on the
plan on organization of the term congress, the scheme on establishment of the
Management Board and the Commendation and Discipline Council of the new term.
The provincial-level Justice Service shall assume the prime responsibility for,
and coordinate with the provincial-level Home Affairs Service in, appraising
and submitting to the provincial-level People's Committee for consideration and
comment the plan on organization of the term congress, the scheme on
establishment of the Management Board and the Commendation and Discipline
Council of the new term.
4. A Bar Association's term
congress has the following tasks and powers:
a/ To review and assess the
organization and operation of the Bar Association of the previous term;
b/ To adopt orientations, tasks,
organization and activities of the Bar Association for the new term;
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d/ To consider amendments or
supplements to the Charter (if any);
e/ Other tasks and powers as
provided for by the Bar Association's Charter.
Article 12.
Approval of results of a lawyers' congress
1. The approval of results of a
lawyers' congress covers the following contents:
a/ Results of election of the
Management Board, the Manager and the Commendation and
Discipline Council of the Bar
Association;
b/ The resolution of the Bar
Association's term congress or congress to relieve from office and elect or
replace the Manager, to additionally elect members of the Management Board or
the Commendation and Discipline Council.
2. Within seven working days
after a congress concludes, the Bar Association's Management Board shall send
to the concerned provincial-level Justice Service a report on congress results,
enclosed with the election minutes, a lists and resumes of the Manager and
members of the Management Board and the Commendation and Discipline Council of
the Bar Association; and the congress resolution.
Within ten working days after
receiving the report on congress results, the provincial-level Justice Service shall
assume the prime responsibility for, and coordinate with the provincial-level
Home Affairs Service in, considering and proposing to the provincial-level
People's Committee to approve the results of the Bar Association's congress.
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3. Election results will be
disapproved in the following cases:
a/ The election order and
procedures fail to ensure regularity, democracy, publicity and transparency as
provided for by law, the Charter of the Vietnam Union of Bar Associations and
the charter of the Bar Association;
b/ The elected leaders fail to
satisfy the criteria prescribed by the Charter of the Vietnam
Union of Bar Associations and
the Charter of The Bar Association.
4. The congress resolution will
be disapproved in the following cases:
a/ Its contents are contrary to
the Constitution, law. Charter of the Vietnam Union of Bar Associations and
Charter of the Bar Association.
b/ The resolution-approving
order and procedures fail to ensure the regularity, democracy, publicity and
transparency as provided for by law, the Charter of Vietnam Union of Bar
Association and Charter of the Bar Association.
5. Within sixty days after
receiving the written notice of disapproval of the congress results, the
Management Board of the Bar Association shall reorganize the congress for
election, adoption or amendment of resolutions according to law, the Charter of
the Vietnam Union of Bar Associations and the Charter of the Bar Association;
past this time limit, if such congress is not reorganized, the provincial-level
People's Committee shall consider and decide on the dissolution of such Bar
Association.
6. In case of reorganizing a
congress for relief from office and new election or election for replacement of
the Manager, additional election of a member of the Management Board or the
Commendation and Discipline Council of a Bar Association, its Management Board
shall, within seven working days after the conclusion of the congress, send to
the provincial-level Justice Service a report on congress results. The approval
of congress results must comply with the provisions of this Article.
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1. Before November 10 every
year, a Bar Association shall send to the provincial-level People's Committee,
provincial-level Justice Service and the Vietnam Union of Bar Associations
reports on its organization and activities from October 1 of the preceding year
to September 30 of the current year.
In addition to annual reports, a
Bar Association shall make reports at the request of the Ministry of Justice,
provincial-level People's Committee, provincial-level Justice Service or
Vietnam Union of Bar Associations.
2. Within seven working days
after a Bar Association issues regulations or decisions or adopts resolutions,
its Management Board shall send to the Ministry of Justice, the concerned
provincial-level People's Committee and the Vietnam Union of Bar Associations
such regulations, decisions or resolutions.
Article 14.
Request for amendment or cancellation of regulations, decisions or resolutions
of Bar Associations
1. If detecting or having
grounds to believe that regulations, decisions or resolutions of a Bar
Association are contrary to the law on lawyers, the provincial-level People's
Committee may stop the implementation thereof and request partial amendment or
cancellation of such regulations, decisions or resolutions.
2. If detecting or having
grounds to believe that regulations, decisions or resolutions of a Bar
Associations are contrary to the Charter of the Vietnam Union of Bar
Associations, the Standing Committee of the Vietnam Union of Bar Associations
may stop the implementation thereof and request partial amendment or
cancellation of such regulations, decisions or resolutions.
Article 15.
Relief from office of Management Boards or Managers of Bar Associations
1. The Management Board or
Manager of a Bar Association shall be relieved from office in one of the
following cases:
a/ They have committed
especially serious violations of the provisions of the Charter of their Bar
Association, the Charter of the Vietnam Union of Bar Associations while
performing their tasks, exercising their powers or performing their
responsibilities; infringing upon the interests of their Bar Association;
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c/ They have no longer gained
the confidence of at least half of the members of their Bar Association;
d/ They have been disciplined in
the form of temporary deprivation of their membership capacity or depletion of
their names from the list of lawyers of their Bar Association;
e/ They have been deprived of
the right to use law practice certificates;
f/ They have been convicted and
their sentences have taken effect.
2. If the Management Board of a
Bar Association falls under one of the cases specified at Points a, b and c.
Clause 1 of the Article, the Standing Committee of the Vietnam Union of Bar
Associations shall propose the concerned provincial-level People's Committee to
issue a decision to stop the operation of such Management Board and request the
Bar Association concerned to organize an extraordinary congress to elect its
new Management Board and Manager.
The Commendation and Discipline
Council of the Bar Association shall temporarily undertake the tasks and powers
of the Management, and the president of the Commendation and Discipline Council
shall temporarily undertake the tasks and powers of the Manager of the Bar
Association until the its new Management Board and Manager are elected.
Within sixty days after the
decision to stop the operation of the Bar Association's Management Board is
issued, the president of the Commendation and Discipline Council shall convene
an extraordinary congress of lawyers.
3. If the Manager of a Bar
Association falls under one of the cases defined in Clause 1 of this Article,
the Standing Committee of the Vietnam Union of Bar Associations shall propose the
concerned provincial-level People's Committee to issue a decision to suspend
him/ her from such position and request the Management Board of such Bar
Association to appoint a deputy manager of the Bar Association to work as
acting Manager of the Bar Association until a new Manager is elected; within
thirty days after the appointment, the acting Manager of the Bar Association
shall convene an extraordinary congress to elect a new Manager of the Bar
Association.
4. Persons relieved from office
may lodge their complaints or lawsuits with administrative courts according to
law.
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1. Leading officials of a Bar
Association shall be relieved from office in the following cases:
a/ They have lost their civil
act capacity or have had their civil act capacity restricted;
b/ They have applied to retire
from their positions;
c/ They are unable to fulfill
their tasks due to poor health or other reasons.
2. The relief from office of
leading officials of a Bar Association from must comply with its Charter.
Article 17.
Dissolution of Bar Associations
1. A Bar Association shall be
dissolved in the following cases;
a/ It has fewer than three
member lawyers;
b/ Past the six-month time limit
after the end of its term, it still fails to organize a congress;
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d/ Its activities have seriously
violated the law, its Charter or the Charter of the Vietnam Union of Bar Associations,
adversely affecting national security, social order and safety and infringing
upon the interests of the State, public interests, the lawful rights and
interests of agencies or organizations or individuals.
2.If a Bar Association is
dissolved under Clause 1 of this Article, the president of the concerned
provincial-level People's Committee shall issue a decision to dissolve it after
reaching agreement with the Justice Minister.
The re-establishment of a Bar
Association must comply with Articles 7, 8 and 9 of this Decree.
Chapter
III
VIETNAM UNION OF BAR
ASSOCIATIONS
Article 18.
Legal status of the Vietnam Union of Bar Associations
1. Vietnam Union of Bar
Associations is a national unified socio-professional organization of Bar
Associations and lawyers, having the legal person status and its own seal and
accounts, and operating on the principle of self-financing its activities with
revenues from membership fees, members' contributions and other lawful revenue
sources.
2. The Vietnam Union of Bar
Associations is a member of Vietnam Fatherland Front as provided for by the
latter's Charter.
3. The Vietnam Union of Bar
Associations has a Charter to uniformly regulate the organization and operation
of the Vietnam Union of Bar Associations and of Bar Associations of provinces
and centrally run cities; the rights and obligations of its members, and its
relations with its members, concerned agencies and organizations.
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1. The Vietnam Union of Bar
Associations is founded by the first national congress of lawyers' delegates
under the Prime Minister's decision.
2. The first national congress
of lawyers' delegates covers the following activities:
a/ Promulgation of a decision to
found the Vietnam Union of Bar Associations;
b/ Discussion on and voting to
adopt the Charter of the Vietnam Union of Bar Associations;
c/ Election of the National
Council of Lawyers;
d/ Adoption of a report on
orientations for activities of the Vietnam Union of Bar Associations;
e/ Adoption of the congress's
resolution.
3. The results of the Vietnam
Union of Bar Association-founding congress are subject to approval under of
Article 22 of this Decree.
Article 20.
Approval of the Charter of the Vietnam Union of Bar Associations
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a/ A written request for
approval of the Charter;
b/ The Charter and minutes on
the adoption of the Charter;
c/ The congress' resolution.
2. Within thirty days after the
receipt of the complete dossier requesting the approval of the Charter of the
Vietnam Union of Bar Associations, the Justice Minister shall decide to approve
or disapprove such Charter after reaching agreement with the Minister of Home
Affairs; in case of disapproval, the reasons therefor must be
notified in writing.
3. The Charter of the Vietnam
Union of Bar Associations shall be disapproved in the following cases:
a/ Its contents are contrary to
the Constitution and law;
b/ The Charter-adopting order
and procedures fail to ensure regularity, democracy, publicity and transparency
as provided for by law.
4. If the Charter of the Vietnam
Union of Bar Associations is disapproved, the National Council of Lawyers shall
revise it and reorganize a congress to adopt the Charter according to law.
5. Upon revision of the Charter
of the Vietnam Union of Bar Associations, the National Council of Lawyers
shall, within seven working days after the revised Charter is approved, send a
written request for approval, enclosed with the revised Charter, the minutes on
the adoption of the revised Charter and the congress's resolution.
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6. The Charter of the Vietnam
Union of Bar Associations takes effect on the date of its approval.
Article 21.
Term congress of the Vietnam Union of Bar Associations
1. The national congress of
lawyers' delegates is the supreme leading body of the Vietnam Union of Bar
Associations. Its term is specified by the Charter of the Vietnam Union of Bar
Associations, but must not exceed 5 years after the end of its previous term.
2. A congress of the Vietnam
Union of Bar Associations is considered valid of it is participated by at least
two-thirds of the convened delegates.
Decisions and resolutions of a
congress of the Vietnam Union of Bar Associations must be voted for by more than
half of the participating delegates.
3. At least sixty days before
the date projected for organization of a term congress, the Standing Committee
of the Vietnam Union of Bar Associations shall report to the Ministry of
Justice on the plan on organization of the term congress and the scheme on
election of holders of leading titles of the Vietnam Union of Bar Associations
for the new term. The Ministry of Justice shall assume the prime responsibility
for, and coordinate with the Ministry of Home
Affairs in, considering and
commenting on the plan on organization of the congress.
4. The term congress of the
Vietnam Union of Bar Associations has the following tasks and powers:
a/To review and assess the
organization and operation of the Union in the previous term;
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c/ To elect holders of leading
titles of the Union in the new term;
d/ To consider amendments or
supplements to the Charter (if any);
e/ Other tasks and powers as
prescribed by the Charter of the Vietnam Union of Bar Associations.
Article 22.
Approval of results of a congress of the Vietnam Union of Bar Associations
1. The approval of results of a congress
of the Vietnam Union of Bar Associations covers the following contents:
a/ Results of election of
leading titles of the Vietnam Union of Bar Associations;
b/ Resolutions of the term
congress or the congress to dismiss and elect for replacement or additionally
elect leading titles of the Vietnam Union of Bar Associations.
2. Within ten working days after
the end of a congress, the Standing Committee of the Vietnam Union of Bar
Associations shall send to the Ministry of Justice a report on the congress
results, enclosed with the election records and a list and resumes of persons
holding the leading titles of the Vietnam Union of Bar Associations and the
resolution of the congress.
Within fifteen days after
receiving the report on congress results, the Ministry of Justice shall
consider and approve or disapprove the election results or resolution of the
congress of the Vietnam Union of Bar Associations after obtaining opinions of
the Ministry of Home Affairs.
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a/ The election order and
procedures fail to ensure regularity, democracy, publicity and transparency as
provided by law and the Charter of the Vietnam Union of Bar Associations;
b/ The elected leading title
holders fail to fully meet the criteria prescribed by the Charter of the
Vietnam Union of Bar Associations.
4. A congress resolution shall
be disapproved in the following cases:
a/ Its contents are contrary to
the Constitution, law or the Charter of the Vietnam Union of Bar Associations;
b/ The resolution-adopting order
and procedures fail to ensure regularity, democracy, publicity and transparency
under law and the Charter of Vietnam Union of Bar Associations.
5. Within sixty days after the
receipt of the written notice on disapproval of the election results or
congress resolution, the National Council of Lawyers shall reorganize a
congress to conduct election, adopt and amend resolutions in strict accordance
with law and the Charter of the Vietnam Union of Bar Associations. Past the
time limit prescribed in this Clause, if the National Council of Lawyers fails
to reorganize the congress, the Ministry of Justice shall assume the prime
responsibility for, and coordinate with the Ministry of Home Affairs in,
reporting such to the Prime Minister for considering and deciding on the
dissolution of the Vietnam Union of Bar Associations.
6. In case of organizing a
congress to dismiss and elect new or additional leading titles of the Vietnam
Union of Bar Associations, the Standing Committee of the Vietnam Union of Bar
Associations shall, within ten working days after the end of the congress, send
to the Ministry of Justice a report on congress results. The approval of the
congress results must comply with the provisions of this Article.
Article 23.
Regime of reporting, sending of regulations, decisions and resolutions of the
Vietnam Union of Bar Associations
1. Annually, the Vietnam Union
of Bar Associations shall send to the Ministry of Justice a report on the organization
and activities of lawyers and Bar Associations throughout the country and of
the Vietnam Union of Bar Associations. The report covers the period from
October 1 of the preceding year to September 30 of the current year and must be
sent before November 15 every year.
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2. Within seven working days
after the Vietnam Union of Bar Associations promulgates regulations or
decisions or adopts resolutions, its Standing Committee shall send to the
Ministry of Justice such regulations, decisions and resolutions.
Article 24.
Request for amendment or cancellation of regulations, decisions or resolutions
of the Vietnam Union of Bar Associations
If detecting or having grounds
to believe that regulations, decisions or resolutions of the Vietnam Union of
Bar Associations are contrary to the law on lawyers, the Ministry of Justice,au
suspend the implementation thereof and request partial amendment or
cancellation of such regulations, decisions or resolutions.
Article 25.
Relief from office the National Council of Lawyers or the president of the
Vietnam Union of Bar Associations
1. The National Council of
Lawyers or the president of the Vietnam Union of Bar Associations will be
relieved from office in one of the following cases:
a/ Committing especially serious
violations of the Charter of the Vietnam Union of Bar Associations in
performing their tasks, powers and responsibilities; infringing upon the
interests of the Vietnam Union of Bar Associations;
b/ Committing prohibited acts
defined in Article 5 of this Decree or seriously breaching other legal
provisions;
c/ No longer gaining the
confidence of at least half of the Bar Associations;
d/ Being disciplined in the form
of suspension from membership capacity or deletion from the list of lawyers of
Bar Associations;
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f/ Being convicted with the
sentences having taken effect.
2. If the National Council of
Lawyers falls under one of the cases defined at Points a, b and c, Clause 1 of
this Article or the president of the Vietnam Union of Bar Associations falls
under one of the cases defined in Clause 1 of this Article, the Minister of
Justice shall assume the prime responsibility for, and coordinate with the
Minister of Home Affairs in, proposing the Prime Minister to issue a decision
to suspend the operation of the National Council of Lawyers or to relieve from
office the president of the Vietnam Union of Bar Associations and request
Vietnam Union of Bar Associations to hold an extraordinary congress to elect
new leading titles of the Union.
3. Persons relieved from office
may lodge their complaints or lawsuits with administrative courts according to
law.
Article 26.
Relief from duty of leading titles of the Vietnam Union of Bar Associations
1. Leading title holders of the
Vietnam Union of Bar Associations shall be relieved from duty in the following
cases:
a/ They have lost their civil
act capacity or have their civil act capacity restricted;
b/ They have applied to retire
from their positions;
c/ They are unable to perform
their tasks due to poor health or other reasons.
2. The relief from duty of
leading title holders of the Vietnam Union of Bar Associations must comply with
the provisions of its Charter.
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1. The Vietnam Union of Bar
Associations shall be dissolved in the following cases:
a/ Past six months after the end
of its term, it still fails to organize a congress;
b/ It fails to reorganize
congress as provided for in Clause 5, Article 22 of this Decree;
c/ Its activities have seriously
breached the law or its charter, adversely affecting national security, social
order and safety and infringing upon the interests of the State, public
interests or lawful rights and interests of agencies, organizations or
individuals.
2. If the Vietnam Union of Bar
Associations is dissolved under Clause 1 of this Article, the Prime Minister
shall issue a decision to dissolve it and a decision to re-establish the
Vietnam Union of Bar Associations.
Chapter IV
STATE MANAGEMENT OF
LAWYERS' SOCIO-PROFESSIONAL ORGANIZATIONS
Article 28.
Tasks and powers of the Ministry of Justice in the state management of lawyers'
socio-professional organizations
The Ministry of Justice shall
take responsibility before the Government for performing the state management
of lawyers' socio-professional organizations, having the following tasks and
powers:
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2. To approve the results of
congresses of Vietnam Union of Bar Associations after consulting the Ministry
of Home Affairs; to approve the Charter of the Vietnam Union of Bar
Associations after reaching agreement with the Minister of Home Affairs.
3. To assume the prime
responsibility for, and coordinate with the Ministry of Home Affairs in,
considering and commenting on plans on organization of term congresses, schemes
on election of leading-title holders of Vietnam Union of Bar Associations in
the new term.
4. To examine and inspect the
observance of law by lawyers' socio-professional organizations; to examine the
implementation of the Charters of lawyers' socio-professional organizations.
5. To handle violations of the
law on lawyers' socio-professional organizations; to settle complaints and
denunciations about organization and operation of lawyers' socio-professional
organizations.
6. To perform the state
management of international cooperation activities of lawyers'
socio-professional organizations.
7. To stop the implementation
and request the amendment of regulations, decisions and resolutions of the
Vietnam Union of Bar Associations which are contrary to the law on lawyers.
Article 29.
Tasks and powers of provincial-level People's Committees in the state
management of lawyers' socio-professional organizations
1. Provincial-level People's
Committees shall perform the state management of lawyers' socio-professional
organizations in their respective localities, having the following tasks and
powers:
a/ To permit the establishment
of Bar Associations, to decide on the dissolution of Bar Associations after
consulting the Justice Minister;
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c/ To examine and inspect the
observance of the law on lawyers' socio-professional organizations; to examine
the implementation of the Charters of lawyers' socio-professional organizations
in their localities according to their competence;
d/ To handle violations of the
law on lawyers' socio-professional organizations; to settle complaints and
denunciations about organization and operation of lawyers' socio-professional
organizations in their localities according to their competence;
e/ To perform the state
management of international-cooperation activities of lawyers'
socio-professional organizations in their localities according to their
competence;
f/ To stop the implementation
and request amendment of regulations, decisions and resolutions of Bar
Associations which are contrary to the law on lawyers.
2. Provincial-level Justice
Services shall assist provincial-level People's Committees in performing the
state management of lawyers' socio-professional organizations in localities,
having the following tasks and powers:
a/ To assume the prime
responsibility for, and coordinate with provincial-level Home Affairs Services
in, appraising dossiers and proposing provincial-level People's Committees to
permit the establishment of Bar Associations and to decide on the dissolution
of Bar Associations;
b/ To assume the prime
responsibility for, and coordinate with provincial-level Home Affairs Services
in, appraising the dossiers and proposing provincial-level People's Committees
to approve the Charters of Bar Associations; to assume the prime responsibility
for, and coordinate with provincial-level Home Affairs Services in, considering
and proposing provincial-level People's Committees to approve the results of
congresses of Bar Associations;
c/ To assume the prime
responsibility for, and coordinate with provincial-level Home Affairs Services
in, appraising and submitting to provincial-level People's Committees for
consideration and comment plans on organization of term congresses and schemes
on election of the Management Boards and the Commendation and Discipline
Councils of the new term.
d/ To examine and inspect the
observance of the law on lawyers' socio-professional organizations; to examine
the implementation of the Charters of lawyers' socio-professional organizations
in localities; to settle complaints and denunciations about organization and
operation of Bar Associations under authorization of the Justice Minister or
provincial-level People's Committee presidents.
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IMPLEMENTATION PROVISIONS
Article 30.
Implementation effect
This Decree takes effect 15 days
after its publication in "CONG BAO."
Articles 12 and 13, Chapter IV
of the Government's Decree No. 28/2007/ ND-CP of February 26, 2007, detailing
and guiding the implementation of a number of articles of the Law on Lawyers
become invalid on the date this Decree takes effect.
Article 31.
Responsibilities for implementation of the Decree
Ministers, heads of
ministerial-level agencies, heads of government-attached agencies and
presidents of provincial-level People's Committees shall implement this Decree.
The Justice Minister shall guide
the implementation of this Decree
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