Chapter VIII
HANDLING OF VIOLATIONS, SETTLEMENT OF DISPUTES
Section 1. DISCIPLINE OF LAWYERS, SETTLEMENT OF DISPUTES
Article 85.- Discipline of lawyers
1. Lawyers who violate the provisions of this Law, charters, rules of professional ethics and conducts and other regulations of socio-professional organizations of lawyers shall, depending on the nature and severity of their violations, be subject to one of the following disciplinary forms:
a/ Reprimand;
b/ Caution;
c/ Suspension of the membership of a bar association for between 6 and 24 months;
d/ Deletion of their names from the list of a bar association.
2. The discipline of lawyers shall be considered and decided by the managing boards of bar associations at the request of their commendation and disciplinary councils.
3. When a lawyer is disciplined in the form of having his/her name deleted from the list of lawyers of a bar association, the bar association shall notify such in writing to the provincial/municipal Justice Service and request the Justice Ministry to withdraw his/her law-practice certificate, and request the national lawyers' organization to withdraw his/her lawyer's card.
Article 86.- Complaint about disciplinary decisions against lawyers
1. A lawyer is entitled to complain about a disciplinary decision against him/her which is issued by the managing board of a bar association.
The executive board of the national lawyers' organization is competent to settle complaints against disciplinary decisions of the managing boards of bar associations.
2. When disagreeing with a complaint-settling decision of the executive board of the national lawyers' organization with regard to the disciplinary form stipulated at Point c or d, Clause 1, Article 85 of this Law, a lawyer may further lodge a complaint with the Justice Ministry. The time limit for the Justice Minister to settle a complaint is 30 days after the receipt of that complaint.
Article 87.- Complaint about decisions or acts of the managing boards of bar associations or bodies of the national lawyers' organization
1. If having grounds to believe that decisions or acts of the managing boards of bar associations infringe upon their legitimate rights or interests, individuals and organizations may complain about those decisions or acts.
The executive board of the national lawyers' organization is competent to settle complaints about decisions and acts of the managing boards of bar associations.
2. When disagreeing with a complaint-settling decision of the executive board of the national lawyers' organization regarding a bar association's failure to request the Justice Ministry to grant a law-practice certificate or refuse an application for participation in a bar association, an individual may lodge a complaint with the Justice Minister. The time limit for the Justice Minister to settle a complaint is 30 days after the receipt of that complaint.
3. If having grounds to believe that decisions or acts of bodies of the national lawyers' organization infringe upon their legitimate rights or interests, individuals and organizations may complain about those decisions or acts.
The executive board of the national lawyers' organization is competent to settle complaints about decisions or acts of the organization's bodies.
Article 88.- Settlement of disputes
When disputes between clients, lawyers and law-practicing organizations arise in relation to law-practice activities, the managing boards of bar associations shall settle those disputes.
Section 2. HANDLING OF VIOLATIONS OF LAWYERS AND LAW-PRACTICING ORGANIZATIONS
Article 89.- Handling of violations of lawyers
Lawyers who violate the provisions of this Law shall, apart from being disciplined, be administratively handled or examined for penal liability, depending on the nature and severity of their violations; if causing damage, they shall pay compensation in accordance with law.
Article 90.- Handling of violations of Vietnamese law-practicing organizations, branches of foreign law-practicing organizations and Vietnam-based foreign law firms
Vietnamese law-practicing organizations, branches of foreign law-practicing organizations and Vietnam-based foreign law firms which violate the provisions of this Law shall, depending on the nature and severity of their violations, be administratively handled according to the law on handling of administrative violations; if causing damage, they shall pay compensation in accordance with law.
Article 91.- Handling of acts of infringing upon legitimate rights and interests of lawyers and law-practicing organizations
Persons holding positions or powers who commit acts of infringing upon legitimate rights and interests of lawyers or law-practicing organizations or obstructing lawyers or law-practicing organizations from exercising their rights and/or performing their duties shall, depending on the nature and severity of their violations, be disciplined or examined for penal liability in accordance with law.
Article 92.- Handling of violations of individuals and organizations that illegally practice law
1. Individuals who are unqualified but still practice law in any form shall be forced to stop their violation acts, be fined according to the law on handling of administrative violations or examined for penal liability; if causing damage, they shall pay compensation in accordance with law.
2. Organizations which practice law in any form though failing to satisfy the relevant conditions shall be forced to stop their violations and be handled in accordance with the law on handling of administrative violations; if causing damage, they shall pay compensation in accordance with law.
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