Chương V Thông tư 17/2011/TT-BTP hướng dẫn quy định Luật sư, Nghị định hướng dẫn Luật: Kiểm tra, thanh tra về tổ chức, hoạt động luật sư

Chapter V

EXAMINATION AND INSPECTION OF LAW PRACTICE ORGANIZATION AND ACTIVITIES

Article 24. Tasks and powers of the Ministry of Justice and provincial- level People’s Committees in examination of law practice organization and activities

1. The Ministry of Justice and provincial-level People’s Committees shall examine law practice organization and activities according to their competence.

2. Provincial-level Justice Departments shall assist provincial-level People’s Committees in examining law practice organization and activities in their localities.

Annually, provincial-level Justice Departments shall elaborate plans on examination of law practice organization and activities in their localities. These plans must clearly identify examinees and time and contents of examination; tasks and powers of the heads and members of examination teams; rights and obligations of examinees; and examination order and procedures. A plan on examination of law practice organization and activities shall be notified in writing to examinees at least seven working days before the examination.

Provincial-level Justice Departments may conduct irregular examination as authorized by the Ministry of Justice or provincial-level People’s Committees when detecting signs of violation of law in law practice organization and activities.

Within 15 days after completing an examination, a provincial-level Justice Department shall submit an examination report to the provincial-level People’s Committee and the Ministry of Justice.

Article 25. Principles of examination of law practice organization and activities

Examination of law practice organization and activities should adhere to the following principles:

1. Publicity, objectivity, transparency and compliance with approved plans, except cases of irregular examination.

2. Assurance of confidentiality in law practice under the Law on Lawyers and related laws.

3. Compliance with the law on lawyers and related laws.

Article 26. Examination contents

1. Examination of a lawyers’ socio-professional organization covers the following major issues:

a/ The lawyers’ socio-professional organization’s performance of its rights and obligations under the Law on Lawyers and its guiding documents, the Charter of the Vietnam Bar Federation and the Charter of the concerned bar association;

b/ Settlement of complaints and denunciations under the Law on Lawyers and related laws;

c/ Compliance with the laws on finance, accounting and statistical work;

d/ Regular and irregular reporting; book making and document keeping under the Law on Lawyers and related laws;

e/ Compliance with the law on international cooperation and other laws on lawyers and law practice.

2. Examination of a Vietnamese law-practicing organization or a foreign law-practicing organization in Vietnam covers the following major issues:

a/ Compliance with regulations on operation registration by Vietnamese law-practicing organizations; application for establishment licenses and operation registration certificates by foreign law-practicing organizations in Vietnam; application for permits for law practice in Vietnam by foreign lawyers;

b/ Compliance with the labor law, for cases of hiring employees;

c/ Compliance with the laws on taxes, finance, accounting and statistical work;

d/ Conclusion and performance of legal service contracts under law;

e/ Regular and irregular reporting; book making and document keeping under the Law on Lawyers and related laws;

f/ Compliance with other laws on lawyers and law practice.

3. Examination of an independent law practitioner focuses on the operations stated in the lawyer’s professional practice registration certificate and compliance with the law on lawyers and law practice and other related laws.

4. For provincial-level Justice Departments, examination focuses on the following major issues:

a/ Compliance with the Law on Lawyers and related laws on grant, modification and withdrawal of operation registration certificates of Vietnamese law-practicing organizations and foreign law-practicing organizations in Vietnam;

b/ Regular and irregular reporting; book making and document keeping under the Law on Lawyers and related laws;

c/ Compliance with other laws on lawyers and law practice.

Article 27. Tasks and powers of examination teams

1. An examination team is composed of the head and members. The team head is a representative of the leadership of a state management agency of lawyers and law practice. Team members are representatives of agencies and organizations involved in the examination of law practice organization and activities.

2. An examination team head has the following tasks and powers:

a/ To direct the proper implementation of examination contents and deadline stated in the examination decision;

b/ To extend the examination when necessary;

c/ To request examinees to provide examination-related information and documents;

d/ To make an examination record and an examination report and take responsibility for their accuracy, truthfulness and objectivity;

e/ To sanction according to his/her competence or propose a competent person to sanction administrative violations in law practice organization and activities;

f/ To settle complaints and denunciations about administrative acts or decisions involving examination team members.

3. Examination team members shall perform their tasks assigned by the team head and keep confidential information on examinees.

Article 28. Tasks and obligations of examinees

1. An examinee has the following rights:

a/ To request examination team members and related agencies and organizations to keep information confidential under law;

b/ To receive the examination record and request explanation about its contents;

c/ To reserve his/her/its opinions in the examination record;

d/ To reject examination when there is no examination decision; to refuse to provide information and documents not related to examination contents, information and documents of state secrets or secrets of clients, unless otherwise provided by law;

e/ To denounce acts of violation of law in the course of examination;

f/ To have other rights under law.

2. An examinee has the following obligations:

a/ To comply with the examination decision of a competent state agency;

b/ To fully prepare reports and books under Articles 31, 32, 33 and 36 of this Circular; and other related dossiers and documents under law;

c/ To promptly, fully and accurately provide examination-related information and documents at the examination team’s request; to take responsibility before law for the accuracy and truthfulness of those information and documents;

d/ To sign the examination record after the examination is completed;

e/ To comply with the examination team’s decision;

f/ To have other obligations under law.

Article 29. Examination order and procedures

1. To announce the examination decision when commencing examination of law practice organization and activities.

2. To compare, examine and evaluate contents of reports and produce books, papers and documents under law.

3. To make a record on examination of law practice organization and activities after completing the examination.

4. To handle according to competence or propose a competent authority to handle violations of law.

Article 30. Inspection of law practice organization and activities

The Ministry of Justice and provincial-level People’s Committees shall inspection law practice organization and activities under the inspection law.

Provincial-level Justice Departments shall assist provincial-level People’s Committees in inspecting law practice organization and activities in their localities under the inspection law.