Chương III Thông tư 17/2011/TT-BTP hướng dẫn quy định Luật sư, Nghị định hướng dẫn Luật: Tổ chức xã hội - nghề nghiệp của luật sư

Chapter III

LAWYERS’ SOCIO-PROFESSIONAL ORGANIZATIONS

Article 12. Lawyer congresses of bar associations and national lawyer congresses of the Vietnam Bar Federation

1. The lawyer congress of a bar association is the highest leading body of the bar association. Based on the number of its members and the charter of the Vietnam Bar Federation, a bar association may hold its plenary congress or lawyer delegates’ congress (below collectively referred to as lawyer congresses of bar associations).

The number and method of selecting delegates to a lawyer congress are provided in the charter of the bar association.

The selection of delegates to the lawyer congress of a bar association must ensure equality, democracy, publicity and transparency. The allocation of numbers of delegates to the congress must be based on the expected number of delegates, ensuring representation of law-practicing organizations and appropriate structure in terms of gender, age, ethnic minorities and districts and towns of residence of lawyers.

The Vietnam Bar Federation shall guide the selection and allocation of numbers of delegates to lawyer congresses of bar associations.

2. The national lawyer congress is the highest leading body of the Vietnam Bar Federation. A national lawyer congress is convened by the National Lawyer Council. The National Lawyer Council shall specifically guide the number and allocation of numbers of delegates to the national lawyer congress.

The selection of delegates to a national lawyer congress must ensure equality, democracy, publicity, transparency and representation of bar associations. The allocation of numbers of delegates to a national lawyer congress must be based on the number of expected delegates, ensuring representation of bar associations and appropriate structure in terms of gender, age, ethnic minorities and localities.

3. Delegates to the lawyer congress of a bar association or a national lawyer congress must be lawyers and satisfy the following criteria:

a/ To be faithful to the country and observe the Constitution and law of the Socialist Republic of Vietnam;

b/ To have good morals and strictly comply with law and professional ethnic rules of lawyers;

c/ To be prestigious, responsible and capable of contributing to the congress’ decisions; to be able to disseminate the congress results to other lawyers.

4. Lawyer congresses of bar associations and the national lawyer congress shall be held under Articles 11 and 21 of the Government’s Decree No.131/2008/ND-CP of December 31, 2008, guiding the Law on Lawyers regarding lawyers’ socio-professional organizations.

Article 13. Plans on organization of lawyer congresses of bar associations and national lawyer congresses

A plan on organization of the lawyer congress of a bar association or a national lawyer congress (below collectively referred to as congress organization plan) contains the following details:

1. Purposes of and reasons for holding the congress.

2. The congress preparation process.

3. Time and place to hold the congress and composition of participants; for organization of a delegates’ congress, the number and method of selecting delegates to the congress.

4. Major issues of the congress and working methods.

5. Regulation of the congress, election regulation and rules of the congress.

6. List of expected members of the Presidium, Presidium head and secretary, control board and vote counting board of the congress.

7. Assurance of security for the congress.

Article 14. Plans on organizational structure and expected personnel

1. A plan on organizational structure and expected personnel contains the following details:

a/ Organizational structure and number of persons to be elected;

b/ Specific criteria for each leading post;

c/ Lists of nominees for leading posts.

2. Nominees to be elected to the Management Board and Commendation and Discipline Council of a bar association or as Chairman, Vice Chairman, or to the Standing Committee and the National Lawyer Council of the Vietnam Bar Federation must meet the following criteria:

a/ To be faithful to the country and observe the Constitution and law of the Socialist Republic of Vietnam;

b/ To have good morals and strictly comply with law and professional ethnic rules of lawyers;

c/ To be prestigious, professionally qualified and capable, and responsible;

d/ To have the capacity, time and other conditions to participate in regular activities of the bar association or the Vietnam Bar Federation.

Article 15. Minutes on approval of the Charter

1. A minutes on approval of the Charter contains the following principal details:

a/ Time and place of organization; number and composition of delegates to the congress;

b/ Opinions given at the congress;

c/ Voting results of approval of the Charter.

2. A minutes on Charter approval shall be signed by the Presidium head and Congress secretary. For a multi-page minutes, the Secretary shall sign on every page of the minutes.

Article 16. Voting minutes

1. A voting minutes contains the following principal details:

a/ Time and place of organization; number and composition of delegates to the congress;

b/ Number of leading posts to be elected;

c/ List of nominees;

d/ Voting results;

e/ List of elected persons.

2. A voting minutes shall be signed by the heads of the Vote Counting Board and the Control Board. For a multi-page minutes, the heads of the Vote Counting Board and the Control Board shall sign on every page of the minutes.

Article 17. Congress resolutions

1. A congress resolution contains the following principal details:

a/ Time, place and composition of delegates to the congress;

b/ Contents of the congress;

c/ Voting results of each issue of the congress and voting results of approval of the congress resolution.

2. The congress resolution shall be signed by the Presidium head. For a multi-page resolution, the Presidium head shall sign on every page of the resolution.

Article 18. Dissolution of bar associations

When detecting a case subject to dissolution provided in Clause 1, Article 17 of the Government’s Decree No. 131/2008/ND-CP of December 31, 2008, guiding the Law on Lawyers regarding lawyers’ socio-professional organizations, a provincial-level Justice Department shall request the provincial-level People’s Committee chairperson issue a decision on dissolution of the bar association attached with the papers proving the bar association falling into a case provided in Clause 1, Article 17 of Decree No. 131/2008/ND-CP.

Within 10 working days after receiving the provincial-level Justice Department’s written request, the provincial-level People’s Committee chairperson shall consult in writing the Minister of Justice on dissolution of a bar association. Within seven working days after receiving a provincial-level People’s Committee chairperson’s document, the Minister of Justice shall give his/her written opinions on dissolution of a bar association.

Within five working days after receiving the Minister of Justice’s written agreement on dissolution of a bar association, the provincial-level People’s Committee chairperson shall issue a decision to dissolve that bar association.