Chương V Thông tư 05/2021/TT-BTP: Kiểm tra về tổ chức, hoạt động luật sư

Chapter V

INSPECTION OF LAWYER-RELATED OPERATION

Article 17. Tasks and powers of the Ministry of Justice, People's Committees of provinces in inspection of lawyer-related operation

1. The Ministry of Justice and the People's Committee of the province shall inspect lawyer-related operation according to their competence.

2. The Department of Judicial Assistance shall assist the Minister of Justice in carrying out the annual plan inspection of lawyer-related operation nationwide and carry out surprise inspection at the request of the Minister of Justice France.

3. The Department of Justice shall assist the People's Committee of the province to inspect lawyer-related operation in the province. Every year, based on the actual circumstances, the Department of Justice shall prepare a plan to inspect the lawyer-related operation in the province, clearly defining the entities to be inspected, the time and contents of the inspection; duties and powers of the chief inspector and inspectorate members; rights and obligations of inspected entities; inspection procedures.

The Department of Justice shall carry out a surprise inspection at the request of the Ministry of Justice or the People's Committee of the province, or in case of any signs of violation in the lawyer-related operation.

4. The plan for inspection of lawyer-related operation shall be notified in writing to the inspected entity no later than 07 working days before the expected inspection date.

5. Within 15 days from the date of completion of the inspection, the Department of Justice shall send a report to the People's Committee of province and the Ministry of Justice on the inspection results or conclusion.

Article 18. Principles of inspection of lawyer-related operation

1. Openness to the public, objectivity, transparency and as per approved plan, except for surprise inspection.

2. Confidentiality in law practice in accordance with the Lawyer Law and other relevant laws.

3. Compliance with the law on lawyers and law practice, and relevant provisions of law.

Article 19. Matters to be inspected

1. Regarding the socio-professional organizations of lawyers, the inspection focuses on the following main matters:

a) Receipt of applications for the issuance or reissuance of law practicing certificates; applications for revocation of law practicing certificates; tests for legal traineeship performance; registration and supervision of legal trainees;

b) Registration to join the Bar Association; issuance, replacement, and revocation of lawyer's cards;

c) Compulsory restitution related to professional practices;

d) Settlement of complaints and whistleblowing reports within competence;

dd) Compliance with the law on finance, accounting, and statistics;

e) Routine reports, ad-hoc reports; forms of records and keeping of records and documents in accordance with the Lawyer Law and other relevant laws;

g) Implementation of the law on international cooperation;

h) Performance of other duties and powers of the socio-professional organization of lawyers in accordance with the law on lawyers and law practice, relevant laws and the Charter of the Vietnam Bar Federation.

2. Regarding Vietnamese law-practicing organizations and foreign law-practicing organizations in Vietnam, the inspection focuses on the following principal matters:

) Compliance with regulations on operation registration and change of operation registration by Vietnamese law-practicing organizations; applications for issuance, reissuance or changes to the establishment license and operation registration certificate by foreign law-practicing organizations in Vietnam; applications for issuance, reissuance, extension of foreign lawyer practicing certificate in Vietnam;

b) Compliance with the labor law in case of hiring labor;

c) Compliance with the law on tax, finance, accounting, and statistics;

d) Conclusion and performance of legal service contracts in accordance with the law;

dd) Receipt, supervision of and mentorship to law trainees;

e) Routine reports, ad-hoc reports; forms of records and keeping of papers and documents in accordance with the Lawyer Law and other relevant laws;

g) Purchase of professional liability insurance for lawyers of law-practicing organizations in accordance with the law on insurance business;

h) Participation in compulsory professional training and legal aid by lawyers practicing at the organizations;

i) Compliance with other provisions of the law on lawyers and law practice.

3. Regarding lawyers in private practice, the inspection checklist focuses on the matters stated in the certificate of lawyer registration of the lawyer in private practice and the compliance with regulations of the law on lawyers and law practice, and relevant provisions of law.

4. Regarding the Departments of Justice of the provinces and central-affiliated cities, the inspection checklist focuses on the following principal matters:

a) Issuance, change to, and revocation of operation registration certificates of Vietnamese law-practicing organizations and foreign law-practicing organizations in Vietnam;

b) Routine reports, ad-hoc reports; forms of records and keeping of papers and documents in accordance with the Lawyer Law and other relevant laws;

c) Receipt and verification of applications for issuance of law practicing certificates;

d) Compliance with regulations on inspection of actions against violations, settlement of complaints and whistleblowing reports;

dd) Implementation of measures to support the development of the legal profession;

e) Compliance with other provisions of the law on lawyers and law practice.

Article 20. Tasks and powers of the inspectorate

1. The inspectorate is composed of the team leader and members. The chief inspector of the inspectorate is the leading representative of the regulatory agency in charge of lawyers and law practice. The members of the inspectorate include representatives of agencies and organizations involved in inspection of lawyer-related operation.

2. The chief inspector has the following duties and powers:

a) Direct proper performance of the inspection decision following the contents and time limit stated therein;

b) Report the inspection decision-maker to extend the inspection time limit where necessary;

c) Request the inspected entity to provide information and documents related to the matters to be inspected;

d) Make an inspection record; prepare a report on inspection result and take responsibility for the accuracy, truthfulness, and objectivity of such record and report;

dd) Make administrative offense report and impose administrative penalties within his/her competence or propose the competent person to make a decision on administrative penalty against violations in lawyer-related operation.

3. The inspectorate members shall perform tasks as assigned by the chief inspector and be responsible for keep confidential information related to the inspected entities.

Article 21. Rights and obligations of inspected entities

1. An inspected entity has the following rights:

a) Requesting members of the inspectorate and relevant agencies and organizations to keep information confidential in accordance with law;

b) Receiving the inspection record and request explanation of the inspection record's content;

c) Reserving opinions in the inspection record;

d) Refusing the inspection without an inspection decision; refusing to provide information and documents unrelated to the inspection checklist, unless otherwise provided for by law;

d) Whistleblowing illegal acts during inspection;

e) Other rights as prescribed by law.

2. An inspected entity has the following obligations:

a) Complying with the inspection decision of the competent regulatory agency;

b) Preparing fully reports and records as prescribed in this Circular, other relevant documents and records as prescribed by law;

c) Providing timely, complete, and accurate information and documents related to inspection checklist at the request of the inspectorate; be held liable for the accuracy and truthfulness of the given information and documents;

d) Signing the inspection record after finishing the inspection;

d) Abiding by the decision of the inspectorate;

e) Other obligations as prescribed by law.

Article 22. Procedures for inspection

1. Announce the inspection decision upon launch of the inspection of lawyer-related operation.

2. Compare, examine, and evaluate the contents of report and records, papers and documents presented in accordance with law.

3. Make an inspection record on the lawyer-related operation after the inspection finishes.

4. Take actions according to their competence or request competent authorities to take actions against violations of the law.