Chương IV Nghị định 131/2008/NĐ-CP tổ chức xã hội nghề nghiệp của luật sư hướng dẫn Luật Luật sư: Quản lý nhà nước đối với tổ chức xã hội – nghề nghiệp của luật sư

Chapter IV

STATE MANAGEMENT OF LAWYERS' SOCIO-PROFESSIONAL ORGANIZATIONS

Article 28. Tasks and powers of the Ministry of Justice in the state management of lawyers' socio-professional organizations

The Ministry of Justice shall take responsibility before the Government for performing the state management of lawyers' socio-professional organizations, having the following tasks and powers:

1. To formulate and submit to competent state agencies for promulgation or promulgate and guide according to its competence legal documents on lawyers' socio-professional organizations.

2. To approve the results of congresses of Vietnam Union of Bar Associations after consulting the Ministry of Home Affairs; to approve the Charter of the Vietnam Union of Bar Associations after reaching agreement with the Minister of Home Affairs.

3. To assume the prime responsibility for, and coordinate with the Ministry of Home Affairs in, considering and commenting on plans on organization of term congresses, schemes on election of leading-title holders of Vietnam Union of Bar Associations in the new term.

4. To examine and inspect the observance of law by lawyers' socio-professional organizations; to examine the implementation of the Charters of lawyers' socio-professional organizations.

5. To handle violations of the law on lawyers' socio-professional organizations; to settle complaints and denunciations about organization and operation of lawyers' socio-professional organizations.

6. To perform the state management of international cooperation activities of lawyers' socio-professional organizations.

7. To stop the implementation and request the amendment of regulations, decisions and resolutions of the Vietnam Union of Bar Associations which are contrary to the law on lawyers.

Article 29. Tasks and powers of provincial-level People's Committees in the state management of lawyers' socio-professional organizations

1. Provincial-level People's Committees shall perform the state management of lawyers' socio-professional organizations in their respective localities, having the following tasks and powers:

a/ To permit the establishment of Bar Associations, to decide on the dissolution of Bar Associations after consulting the Justice Minister;

b/ To approve the results of congresses of Bar Associations; to approve the Charters of Bar Associations;

c/ To examine and inspect the observance of the law on lawyers' socio-professional organizations; to examine the implementation of the Charters of lawyers' socio-professional organizations in their localities according to their competence;

d/ To handle violations of the law on lawyers' socio-professional organizations; to settle complaints and denunciations about organization and operation of lawyers' socio-professional organizations in their localities according to their competence;

e/ To perform the state management of international-cooperation activities of lawyers' socio-professional organizations in their localities according to their competence;

f/ To stop the implementation and request amendment of regulations, decisions and resolutions of Bar Associations which are contrary to the law on lawyers.

2. Provincial-level Justice Services shall assist provincial-level People's Committees in performing the state management of lawyers' socio-professional organizations in localities, having the following tasks and powers:

a/ To assume the prime responsibility for, and coordinate with provincial-level Home Affairs Services in, appraising dossiers and proposing provincial-level People's Committees to permit the establishment of Bar Associations and to decide on the dissolution of Bar Associations;

b/ To assume the prime responsibility for, and coordinate with provincial-level Home Affairs Services in, appraising the dossiers and proposing provincial-level People's Committees to approve the Charters of Bar Associations; to assume the prime responsibility for, and coordinate with provincial-level Home Affairs Services in, considering and proposing provincial-level People's Committees to approve the results of congresses of Bar Associations;

c/ To assume the prime responsibility for, and coordinate with provincial-level Home Affairs Services in, appraising and submitting to provincial-level People's Committees for consideration and comment plans on organization of term congresses and schemes on election of the Management Boards and the Commendation and Discipline Councils of the new term.

d/ To examine and inspect the observance of the law on lawyers' socio-professional organizations; to examine the implementation of the Charters of lawyers' socio-professional organizations in localities; to settle complaints and denunciations about organization and operation of Bar Associations under authorization of the Justice Minister or provincial-level People's Committee presidents.