Chapter IV
REMUNERATIONS AND PAYMENT OF EXPENSES
Article 27.- Remunerations
Clients must pay remunerations when using legal services provided by lawyer’s offices or law partnership companies. The receipt of remunerations by lawyer’s offices and law partnership companies shall comply with the law provisions on accounting.
The lawyer’s offices and the law partnership companies shall effect the exemption and/or reduction of remunerations for subjects being poor people and the beneficiaries of preferential treatment policies according to the regulations of the bar associations.
Article 28.- Remuneration calculation bases and mode
1. The remuneration level shall be calculated on the following bases:
a) The contents and nature of the legal services;
b) The time and labor used by lawyers to perform the legal services;
c) The lawyers’ experiences and prestige.
2. The lawyer’s offices, the law partnership companies and the clients may agree on the application of the following remuneration calculating modes:
a) According to the number of hours spent by lawyers;
b) According to cases and affairs with package remuneration;
c) According to cases and affairs with remuneration calculated in percentages of lawsuit prices or contractual value, project value;
d) According to long-term contracts with fixed remuneration.
Article 29.- Agreement on remuneration
The remuneration levels shall be agreed upon by clients and lawyer’s offices or law partnership companies in their legal service contracts; for criminal cases with lawyers participating in the legal proceedings, the remuneration levels must not exceed the ceiling remuneration levels prescribed by the Government.
Article 30.- Payment of expenses
In addition to the remuneration, clients may reach agreement with lawyer’s offices or law partnership companies on the payment of travel fares, accommodation and other reasonable expenses for work performance at their requests. The payment of expenses shall comply with the law provisions on accounting.
Article 31.- Remuneration and expense payment in cases where lawyers participate in the legal proceedings at the request of agencies which conduct the legal proceedings
Lawyer’s offices which send their lawyers for participation in the legal proceedings in criminal cases at the request of the agencies which conduct the legal proceedings may receive remuneration and enjoy the expense payment under the regulations of the Government.
Chapter V
SOCIO-PROFESSIONAL ORGANIZATIONS OF LAWYERS
Article 32.- Bar associations
1. Bar associations are the socio-professional organizations of the lawyers.
2. In each province or centrally- run city, where live three or more lawyers, a bar associations can be set up. The Peoples Committee of such province or centrally- run city shall issue a decision permitting the establishment of the bar associations after reaching agreement with the Minister of Justice.
3. Bar associations have the legal person status, their separate accounts and seals, operating on the principle of self-financing with the source of membership fees, contributions of members and other lawful revenue sources.
4. The bar associations have their own charters to regulate their internal relations.
Article 33.- Tasks and powers of bar associations
1. To supervise and assess the probation results of probationary lawyers.
2. To represent and protect the legitimate rights and interests of lawyers, probationary lawyers.
3. To supervise the lawyers observance of laws, rules on professional ethics.
4. To demand lawyer’s offices, law partnership companies immediately stop their acts of law violation and, when necessary, request the competent State bodies to handle them.
5. To reconcile disputes on professional practice between lawyers, probationary lawyers and lawyer’s offices or law partnership companies; between lawyer’s offices and/or law partnership companies; between clients and lawyer’s offices or law partnership companies.
6. To conduct professional review, exchanges of experiences, professional fostering and implement other measures in order to raise the professional levels of lawyers.
7. To reflect lawyers’ comments and proposals on elaboration of policies and laws of the State.
8. To organize lawyers for their participation in law dissemination and education.
9. To annually report to the Ministry of Justice, the People’s Committees of provinces or centrally-run cities on the organization, operation and lists of lawyers of the bar associations.
10. To send to the Ministry of Justice and the People’s Committees of provinces or centrally-run cities the resolutions and decisions of bar associations.
Article 34.- Members of bar associations
1. Lawyers who have joined bar associations are members of such unions.
The rights and obligations of the members of bar associations in the internal relations of the bar associations shall be defined in the charters of the bar associations.
2. The probationary lawyers shall have the rights and obligations like the members of the bar associations, except for rights to elect people and to be elected to the Managerial Boards and the Commendation and Discipline Councils as well as the right to vote on affairs of the bar associations.
Article 35.- Bodies of a bar associations
1. A bar associations is composed of the following bodies:
a) The entire lawyers’ conference which is the supreme body of the bar associations;
b) The Managerial Board of the bar associations is the executive body of the entire lawyers’ conference, which is elected by the entire lawyers’ conference;
c) The Commendation and Discipline Council comprising members of the Managerial Board of the bar associations and a number of the association’s lawyers elected by the entire lawyers’ conference with a term of office being the same as that of the Managerial Board.
2. The tasks and powers of the entire lawyers’ conference, the Managerial Board of the bar associations and the Commendation and Discipline Council shall be defined in charter of the bar associations.
Article 36.- The national lawyers’ organization
On the national scale, the national lawyers’ organization represents the lawyers and protects their legitimate rights and interests.
The founding, function and tasks of the national lawyers’ organization shall comply with the Government’s regulations.
Tìm kiếm
Pháp lệnh luật sư năm 2001 (Bản Word)