Chương IV Thông tư 05/2021/TT-BTP: Tổ chức xã hội - nghề nghiệp của luật sư

Chapter IV

SOCIO-PROFESSIONAL ORGANIZATIONS OF LAWYERS

Article 11. Lawyers’ Congress of Bar Association and National Congress of Bar Delegates of Vietnam Bar Federation

1. Lawyers’ Congress of Bar Association is the highest leading body of the Bar Association. Based on the number of members of the Bar Association and the Charter of the Vietnam Bar Federation, the Bar Association may organize a plenary meeting or a congress of Bar Delegates. The structure and number of delegates attending the Congress of Bar Delegates shall be decided by the Bar Association on the basis of the Charter of the Vietnam Bar Federation and must be approved by the People's Committees of the provinces and central-affiliated cities (hereinafter referred to as provinces) for approval. The allocation of delegates to the Bar Association's Congress of Bar Delegates is based on the number of delegates expected to be convened, ensuring that there are representatives of law-practicing organizations, gender and age structure, ethnicity, and structure of the district, town, city where the lawyers reside. The selection of delegates to the Bar Association's Congress of Bar Delegates must ensure equality, democracy, publicity, and transparency. The Vietnam Bar Federation shall guide the selection and allocation of delegates attended the Bar Association's Congress of Bar Delegates.

2. The National Congress of Bar Delegates is the highest governing body of the Vietnam Bar Federation. The National Congress of Bar Delegates is convened by the National Bar Council. The National Bar Council shall provide specific guidance on the number and allocation of delegates to the National Congress of Bar Delegates. The allocation of delegates to the National Congress of Bar Delegates is based on the number of delegates expected to be convened, ensuring that there are representatives of Bar Associations, structure of gender and age structure, ethnicity, and regions. The selection of delegates to the National Congress of Bar Delegates must ensure equality, democracy, publicity, and transparency and from Bar Associations.

3. Delegates attending the Bar Congress of the Bar Association or the National Congress of Bar Delegates must be a lawyer and satisfy the following criteria:

a) Loyalty to the Fatherland and observance of the Constitution and laws of the Socialist Republic of Vietnam;

b) Having good moral character, exemplary observance of the law, the Charter of the Vietnam Bar Federation, the Code of ethics and professional conduct of Vietnamese lawyers;

c) Having prestige, solidarity, responsibility, and ability to contribute to the decisions of the Congress.

Article 12. The scheme for organization of the Bar Congress of the Bar Association and the National Congress of Bar Delegates

The scheme for organization of the Bar Congress of the Bar Association and the National Congress of Bar Delegates is formulated in accordance with the law on lawyers and guided in the Charter of the Vietnam Bar Federation, including the following contents:

1. Purposes and reasons for organizing the Congress;

2. The process of preparing the Congress;

3. Time, venue, participants, expected list of delegates; in the case of a congress of delegates, the number and mode of selection of delegates to attend the meeting shall be clearly specified;

4. Personnel scheme, personnel building plan;

5. Scenario of the Congress, the scenario of presiding over the Congress and working methods;

6. Regulations of the Congress, election regulations, and internal regulations of the Congress;

7. Tentative list of the Presidium, the Presidium President, the Secretary of the Congress, the Supervisory Board of the Congress and the Vote Counting Board;

8. Internal regulations of the Bar Association or the Charter of the Vietnam Bar Federation (amendments, if any);

9. Security issues of the Congress.

Article 13. Personnel building plan

1. The personnel development plan specified in Clause 4, Article 12 of this Circular shall at least contain:

a) Organizational structure, number of personnel to be elected;

b) Process of building personnel;

c) Specific criteria for each title;

d) A list of specific personnel to be introduced into the titles;

dd) Results of examination of candidate eligibility.

2. Candidates for the Chairman, the Managing Board, the Reward, and Disciplinary Council of the Bar Association or the President, Vice President, Standing Committee, and National Bar Council of the Vietnam Bar Federation shall meet the following basic standards:

a) Loyalty to the Fatherland and observance of the Constitution and laws of the Socialist Republic of Vietnam;

b) Having strong political will, good moral character, and exemplary observance of the law, the Charter of the Vietnam Bar Federation, and the Code of ethics and professional conduct of Vietnamese lawyers;

c) Having prestige, professional qualifications, job handling capacity, solidarity and responsibility;

d) Having time and other conditions to participate in regular activities of the Bar Association or the Vietnam Bar Federation.

Article 14. Minutes of ratification of the Charter of the Vietnam Bar Federation, the Internal Regulations of the Bar Association

1. The minutes of ratification of the Charter of the Vietnam Bar Federation and the Internal Regulations of the Bar Association have the following main contents:

a) Time and venue of Congress; number and composition of delegates attending the Congress;

b) Opinions expressed at the Congress;

c) Voting results of ratification.

2. Minutes of ratification of the Charter of the Vietnam Bar Federation, the Internal Regulations of the Bar Association, signed by the Presidium President and Secretary; in case the minutes have many pages, the Secretary shall sign each page of the minutes.

Article 15. Election minutes

1. The election minutes have the following main contents:

a) Time and venue of Congress; number and composition of delegates attending the Congress;

b) Number of titles to be elected;

c) List of candidates;

d) Results of counting votes;

dd) List of elected candidates.

2. The election minutes are signed by the Head of the Vote Counting Board and the head of the supervisory board; in case the minutes have many pages, the Head of the Vote Counting Board and the Head of the Supervisory Board shall sign each page of the minutes.

Article 16. Resolutions of the Congress

1. A resolution of the Congress has the following principal contents:

a) Time, place and participants of the Congress;

b) Contents of the Congress;

c) Results of voting on each issue of the Congress and results of voting to ratify the Resolution of the Congress.

2. Resolution of the Congress is signed by the Presidium President; in case the Resolution has many pages, the Presidium President shall sign each page of the Resolution.

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