Chương III Nghị định 131/2008/NĐ-CP tổ chức xã hội nghề nghiệp của luật sư hướng dẫn Luật Luật sư: Liên đoàn luật sư Việt Nam

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.

Article 19. Founding of the Vietnam Union of Bar Associations

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

1. Within seven working days after the Charter of the Vietnam Union of Bar Associations is adopted, the National Council of Lawyers shall send to the Ministry of Justice a dossier requesting approval of the Charter. The dossier comprises:

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.

The approval of the revised Charter must comply with the provisions of this Article.

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;

b/ To adopt orientations, tasks, organization and activities of the Union in the new term;

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.

3. Election results shall be disapproved in the following cases:

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.

In addition to its annual reports, the Vietnam Union of Bar Associations shall make reports at the request of the Ministry of Justice.

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;

e/ Being deprived of the right to use law practice certificates;

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.

Article 27. Dissolution of the Vietnam Union of Bar Associations

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.

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