Chương VII Luật luật sư 2006: Quản lý hành nghề luật sư

Chapter VII

MANAGEMENT OF LAW PRACTICE

Article 83.- Responsibility for state management of lawyers and law practice

1. The Government shall perform the unified state management of lawyers and law practice.

2. The Justice Ministry shall take responsibility before the Government for performing the state management of lawyers and law practice, having the following tasks and powers:

a/ To formulate and submit to the Government for decision strategies and policies for development of law practice;

b/ To elaborate and submit to competent state agencies for promulgation or promulgate and guide legal documents on lawyers according to its competence;

c/ To provide the framework program for lawyer training; to coordinate with the Finance Ministry in setting tuition fees for lawyer training; to manage and organize lawyer training;

d/ To grant and withdraw law-practice certificates;

e/ To grant, withdraw and extend permits for foreign lawyers' professional practice in Vietnam;

f/ To grant and withdraw permits for establishment of foreign law-practicing organizations in Vietnam;

g/ To approve the charter of the national lawyers' organization;

h/ To make sum-up reports to the Government on lawyers' organizations and law practice;

i/ To inspect, examine and handle violations, settle complaints and denunciations about lawyers' organizations and law practice;

j/ To take measures to support the development of law practice;

k/ To perform the state management of international cooperation in relation to lawyers;

l/ To suspend the implementation and request amendment of regulations, decisions and resolutions of the national lawyers' organization which are contrary to the provisions of this Law.

3. Ministries and ministerial-level agencies shall, within the ambit of their tasks and powers, coordinate with the Justice Ministry in the state management of lawyers and law practice.

4. Provincial/municipal People's Committees shall perform the state management of lawyers and law practice in localities, having the following tasks and powers:

a/ To permit the setting up of bar associations and decide on their dissolution;

b/ To approve charters of bar associations;

c/ To organize the grant and withdrawal of operation registration papers of Vietnamese law-practicing organizations and foreign law-practicing organizations in Vietnam;

d/ To inspect, examine and handle violations, settle complaints and denunciations about the organization and operations of bar associations and law-practicing organizations;

e/ To suspend the implementation and request amendment of regulations, decisions and resolutions of bar associations which are contrary to the provisions of this Law;

f/ To periodically report to the Justice Ministry on the situation of lawyers' organizations and law practice in localities;

g/ To apply measures to support the development of law practice in localities;

h/ Other tasks and powers as provided for by law.

Article 84.- Self-control responsibility of socio-professional organizations of lawyers

Socio-professional organizations of lawyers shall control lawyers and law practice by themselves according to the provisions of this Law and their charters.

Socio-professional organizations of lawyers shall coordinate with state management agencies in the management of lawyers and law practice.