Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Decree details a number of articles and implementation measures of the Law on Lawyers regarding lawyer-training establishments, legal aid of lawyers, obligations to attend compulsory professional refresher courses of lawyers, the state management on lawyers and law practice, law-practicing organizations, remuneration for lawyers who participate in legal proceedings in criminal cases, socio-professional organizations of lawyers, law practice of foreign law-practicing organizations and foreign lawyers in Vietnam.
Article 2. Lawyer -training establishments
1. The lawyer-training establishment specified in Clause 3 of Article 12 of the Law on Lawyers includes the Judicial Academy under the Ministry of Justice and the lawyer-training establishment under the Vietnam Bar Federation.
2. The Vietnam Bar Federation may set up a lawyer-training establishment when it fully meet the following criteria:
a) Having lecturers who are lawyers having at least 05 years of experience in law practice, legal experts who have prestige and pedagogical faculties;
b) Having an organizational structure which is appropriate to scale, model and training programme;
c) Having training programme, textbooks which are appropriate to the lawyer-training framework programme promulgated by the Minister of Justice;
d) Ensuring material facilities serving teaching and studying, satisfying requirements on research, work and study of lecturers and students.
3. A dossier for setting up a lawyer-training establishment under the Vietnam Bar Federation comprises:
a) An application for setting up a lawyer-training establishment;
b) Project on setting up a lawyer-training establishment. Basic contents of the Project shall comprise the need of establishment, legal position, functions, tasks, training objectives, training scale and model, organizational structure, a team of lecturers accompanying with the list of anticipated lecturers and their backgrounds in terms of experiences and skills, material facilities which are appropriate to training scale and model, implementation plans and progress of the Project, socio-economic effects of the lawyer-training establishment;
c) The drafted Charter of the lawyer-training establishment.
4. Within 30 days from the date of receiving a valid dossier, the Minister of Justice may give a decision on setting up a lawyer-training establishment under the Vietnam Bar Federation; in case of refusal, he/ she shall issue a written notice and clearly state the reasons therefor.
Article 3. Legal aid of lawyers
1. Lawyers shall take responsibilities for providing legal aids as specified in Point d of Clause 2 of Article 21, Clause 10 of Article 65 and Point e of Clause 2 of Article 67 of the Law on Lawyers. Lawyers are not permitted to refuse performing his/ her legal aid obligations, except for cases with appropriate reasons.
2. The Vietnam Bar Federation shall provide guidance on time, method and form to provide legal aids; disciplines to lawyers who violate his/her legal aid obligation; annually periodic assessment on legal aid activities of lawyers and report to the Ministry of Justice.
Article 4. Obligation to attend compulsory professional skill refresher of lawyers
Lawyers shall be obliged to attend compulsory professional skill refresher as specified in Point e of Clause 2 Article 21 of the Law on Lawyers.
The Ministry of Justice shall provide guidance on objects, time, form, contents of compulsory professional skill refresher; disciplines towards lawyers who violate his/her obligations to attend compulsory professional skill refresher.
Article 5. Tasks, powers of Justice Services in the state management on lawyers and law practice.
The Justice Services assisting provincial-level People's Committees to perform the state management on lawyers and law practice in the localities as specified in Clause 4, Article 83 of the Law on Lawyers, shall have the following tasks and powers:
1. To assess and submit dossiers to provincial-level People's Committees for deciding to permit setting up bar associations, approving the Congress's results of bar associations and dissolving bar associations;
2. To chair and coordinate with Department of Home Affairs in assessment, submit to provincial-level People's Committees for considerations and approvals of Projects of organization of tenure Congresses, structural plans of the managing boards of bar associations and councils of commendation and discipline in new terms;
3. To grant and withdrawal the Certificate of operation registrations of Vietnamese law-practicing organizations, foreign law-practicing organizations in Vietnam;
4. To provide information on operation registrations of Vietnamese law-practicing organizations, foreign law-practicing organizations in the localities to state agencies, organizations and individuals having requirements as specified by law;
5. To request bar associations providing information on the organizations and activities of lawyers, request law-practicing organizations to provide reports on structural and operational situations when necessary;
6. To periodically report to the Ministry of Justice, provincial-level People's Committees on situations of Vietnamese lawyers and law practice, organizations and activities of foreign law-practicing organizations and foreign lawyers in the localities;
7. To act as counselor and propose supporting measures for development of the lawyer profession in the localities to provincial-level People’s Committees;
8. To carry out examination, inspection and settlement of complaints, denunciations on organizations and activities of bar associations and law-practicing organizations in accordance with their competence or authorization of Minister of Justice, Chairpersons of provincial-level People's Committees; handle administrative violations of lawyers, law-practicing organizations and bar associations in accordance with their competency and legal provisions.
Tìm kiếm
Nghị định 123/2013/NĐ-CP (Bản Word)
Nghị định 123/2013/NĐ-CP (Bản Pdf)