Chương 4 Nghị định 123/2013/NĐ-CP: Tổ chức xã hội - nghề nghiệp của luật sư

Chapter IV

SOCIO-PROFESSIONAL ORGANIZATIONS OF LAWYERS

Section 1. BAR ASSOCIATIONS

Article 20. Approval of the Project on organization of plenary Congress, structural plan of the managing board and the council of discipline and reward of a bar association in new term

1. Within 30 days before the scheduled date for organizing the plenary Congress, the managing board of the bar association shall report to the provincial-level People’s Committee and the Vietnam Bar Federation on the Project on organization of the plenary Congress, structural plan of the managing board and the council of discipline and reward of the bar association in new term.

2. Within 07 working days, since the date of receiving a written paper from the managing board of the bar association, the Vietnam Bar Federation shall give its opinion on the Project on organization of the plenary Congress, structural plan of the managing board and the council of discipline and reward of the bar association in new term. Within 15 days, since the date of receiving unified opinions from the Vietnam Bar Federation, the provincial-level People’s Committee shall consider and approve the Project on organization of the plenary Congress, plan on formulating the managing board and the council of discipline and reward of the bar association in new term.

Article 21. Approval of results of the lawyers’ Congress

1. Approved contents of results of the lawyers’ Congress shall comprise:

a) Voting results of the managing board, the chairman, the council of discipline and reward of the bar association;

b) Resolution of the plenary Congress or the Congress on dismissal and election of new or replacing chairman, supplementing election of members of the managing board or the council of discipline and award of the bar association.

2. Within 07 working days, since the date of ending the Congress, the managing board shall submit to the provincial-level People’s Committee a report on results of the Congress, being enclosed with the voting note, the list of chairman, members of the managing board and the council of discipline and award of the bar association, the Congress’s resolution. Within 07 working days, since the date of receiving the report on the Congress’s results, the provincial-level People’s Committee shall approve the Congress’s results.

3. The voting results shall be rejected from approval in the following cases:

a) The voting procedures and progress do not guarantee validity, democracy, publicity and transparency in accordance with laws and the Charter of the Vietnam Bar Federation;

b) The voting of the leading designation does not guarantee standards set in the Charter of the Vietnam Bar Federation.

4. The Congress’ resolution is rejected from approval in the following cases:

a) Having contents which are contrary to provisions of the Constitution, laws and the Charter of the Vietnam Bar Federation;

b) Procedures and progress of approving the Resolution do not guarantee validity, democracy, publicity and transparency in accordance with laws and the Charter of the Vietnam Bar Federation.

5. Within 60 days, since the date of receiving the paper on refusal of approving the Congress’ s results, the managing board of the bar association shall re-organize the Congress to carry out the voting, the approval and amendment of the Resolution in accordance with laws and the Charter of the Vietnam Bar Federation.

6. In case of organizing the Congress for dismissal and election of new or replacing chairman, supplementing election of members of the managing board or the council of discipline and award of the bar association, the bar association shall carry out reporting on the Congress’ s results in accordance with Clause 2 of this Article.

Article 22. Regime of reporting, sending provisions, decisions and resolutions of bar associations

1. Every year, bar associations shall be responsible for submitting reports on operational and structural situations of the bar associations to the provincial-level People’s Committees, the Vietnam Bar Federation and the Justice Services. Term and time limit for submitting reports shall comply with provisions set by the Ministry of Justice.

In addition to annually periodic reports, bar associations shall report at the request of the Ministry of Justice, the provincial-level People’s Committees or the Vietnam Bar Federation.

2. Within 07 working days, since the date of issuing regulations, decisions or resolutions, the managing board of the bar association shall submit reports to the provincial-level People’s Committee, the Vietnam Bar Federation.

Article 23. Dissolution of bar associations

1. The bar association shall be dissolved in the following cases:

a) There are less than three lawyers being members of the bar association;

b) The Congress has not been re-organized in accordance with Clause 5 Article 21 of this Decree;

c) Activities of the bar association seriously violated laws and the Charter of the Vietnam Bar Federation, causing bad effects to national security, social order or safety, infringing upon the State’s interests, public interests or legitimate rights and interests of agencies, organizations or individuals.

2. In the case the bar association being dissolved in accordance with Clause 1 of this Article, Chairman of the provincial-level People’s Committee shall decide to dissolve the bar association after having the unified opinion with the Minister of Justice and the Chairperson of the Vietnam Bar Federation.

The re-establishment of the bar association shall comply with Article 60 of the Law on Lawyers.

Section 2. THE VIETNAM BAR FEDERATION

Article 24. Approval of the Charter of Vietnam Bar Federation

1. Within 07 working days, since the date the Charter of the Vietnam Bar Federation was approved, the National Bar Council shall send a proposal for the Charter’s approval to the Ministry of Justice. The proposal shall comprise:

a) A proposal for the Charter’s approval;

b) The Charter and the minutes of the Charter’s adoption;

 c) Report on the Congress’s results; results of the National Bar Council’s election, the Standing Committee, the Chairperson, the vice Chairpersons of the Vietnam Bar Federation;

d) Resolution of the Congress.

2. Within 30 days, since the date of receiving a valid dossier, the Minister of Justice shall decide to approve the Charter of the Vietnam Bar Federation, after having the united opinion of the Minister of Home Affairs; in case of refusal, there must be a written notice stating reasons clearly.

3. The Charter of the Vietnam Bar Federation shall be not approved in the following cases:

a) Having contents which are contrary to provisions of the Constitution, the Law on Lawyers, relevant laws, codes, ordinances and this Decree.

b) Procedures and progress of approving the Charter do not guarantee validity, democracy, publicity and transparency in accordance with laws.

4. In case the Charter of the Vietnam Bar Federation is not approved, the National Bar Council shall carry out the amendment of contents of the Charter or re-organize the Congress in order to pass the Charter in accordance with laws.

5. After having the contents of the Charter of the Vietnam Bar Federation amended and supplemented, within 07 working days, since the date of passing the amended and supplemented Charter, the National Bar Council shall send a proposal to the Ministry of Justice, enclosed with the amended and supplemented Charter, the minutes on the amended and supplemented Charter’s adoption and the Resolution of the Congress.

The approval of the amended and supplemented Charter shall comply with this Article.

Article 25. Regime on reporting, sending regulations, decisions and resolutions of the Vietnam Bar Federation

1. Every year, the Vietnam Bar Federation is responsible for submitting reports on operational and structural situations of lawyers, bar associations nationwide and the Vietnam bar Federation to the Ministry of Justice. Term and time limit for submitting reports shall comply with provisions set by the Ministry of Justice.

In addition to annually periodic reports, the Vietnam Bar Federation shall report on the tenure Congress’s results and other reports at the request of the Ministry of Justice.

3. Within 07 working days, since the date of issuance, the Vietnam Bar Federation is responsible for sending regulations, decisions and resolutions of the Vietnam Bar Federation to the Ministry of Justice.