Nghị định 131/2008/ND-CP

Decree No. 131/2008/ND-CP of December 31, 2008, guiding the implementation of the Law on Lawyers regarding lawyers' socio-professional organizations.

Decree No. 131/2008/ND-CP of December 31, 2008, guiding the implementation of the Law on Lawyers regarding lawyers' socio-professional organizations. đã được thay thế bởi Decree No. 123/2013/NĐ-CP detailing implementation measures of the Law on lawyers và được áp dụng kể từ ngày 28/11/2013.

Nội dung toàn văn Decree No. 131/2008/ND-CP of December 31, 2008, guiding the implementation of the Law on Lawyers regarding lawyers' socio-professional organizations.


THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No. 131/2008/ND-CP

Hanoi, December 31, 2008

 

DECREE

GUIDING THE IMPLEMENTATION OF THE LAW ON LAWYERS REGARDING LAWYERS' SOCIO-PROFESSIONAL ORGANIZATIONS

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 29, 2006 Law on Lawyers;
At the proposal of the Justice Minister,

DECREES:

Chapter 1

GENERAL PROVISIONS

Article 1. Governing scope and subjects of application

1. This Decree provides for the principles on organization, operation, establishment, dissolution and state management of lawyers' socio-professional organizations.

2. This Decree applies to bar associations of provinces and centrally run cities, the Vietnam Union of Bar Associations and concerned agencies and organizations.

Article 2. Functions, tasks and powers of lawyers' socio-professional organizations

1. Lawyers' socio-professional organizations are established in provinces and centrally run cities nationwide to represent and protect the lawful rights and interests of lawyers; to perform the self-management functions of lawyers with a view to building and developing a contingent of lawyers with good political quality and ethics and high professional qualifications, contributing to defending justice, developing economy and building an equitable, democratic and civilized society.

2. Lawyers' socio-professional organizations have the rights and powers prescribed by the Law on Lawyers and their own Charters.

Article 3. Principles on organization and operation of lawyers' socio-professional organizations

1. To observe the Constitution and law.

2. To comply with their Charters approved under law.

3. To combine self-management with state management.

4. To operate in a democratic, equal, public and transparent manner.

5. To exercise financial autonomy.

Article 4. The State's responsibilities

1. State agencies shall, within the ambit of their respective functions, tasks and powers, create favorable conditions for lawyers' socio-professional organizations to operate in accordance with law and their Charters.

2. The State adopts policies to support lawyers' socio-professional associations in initial material foundations; takes measures to prop the development of the contingent of lawyers and the training and retraining in professional, operation, ethical rules and the professional code of conducts for lawyers.

Article 5. Prohibited acts

1. Illegally obstructing or intervening in the organization and operation of lawyers' socio-professional organizations.

2. Abusing the name of lawyers' socio-professional organizations to cause adverse impacts on national security, social order and safety, to infringe upon state interests, public interests, lawful rights and interests of agencies, organizations or individuals.

Chapter II

BAR ASSOCIATIONS

Article 6. Legal status of Bar Associations

1. A Bar Association is established in a province or centrally run city, having the legal person status and its own seal and accounts, and operating on the principle of self-financing its activities with revenues from membership fees, members' contributions and other lawful revenue sources.

2. Bar Associations are members of provincial-level Fatherland Front organizations as provided in the Charter of Vietnam Fatherland Front.

3. Bar Associations have their own Charters to regulate their internal relations. The charter of a bar association must not be contrary to the Charter of the Vietnam Union of Bar Associations.

Article 7. Conditions for establishment of a Bar Association

1. Its guiding principles and operation purposes are not contrary to the Constitution and law.

It has at least three founding members possessing law practice certificates in each province or centrally run city.

2. It has a scheme on organizational structure and a charter.

Article 8. Procedures to permit the establishment of a Bar Association

1. A dossier for establishment of a Bar Association comprises:

a/ A written application for establishment of a Bar Association;

b/ The draft Charter of the Bar Association;

c/ The draft report on orientations for activities of the Bar Association;

d/ The scheme on organization of a bar association-founding congress;

e/ A list of members of the Bar Association, enclosed with copies of their law practice certificates.

2. The dossier for establishment of a Bar Association will be compiled and sent to a provincial-level Justice Service by its founding members. Within fifteen days from the date of receipt of a complete dossier, the provincial-level Justice Service shall assume the prime responsibility for, and coordinate with the provincial-level Home Affairs Service in, examining the dossier and submitting it to the provincial-level People's Committee for permission for the establishment of the Bar Association.

Within five working days after receiving the written examination of the provincial-level Justice Service, the provincial-level People's Committee shall send a document to the Ministry of Justice on the establishment of a Bar Association in the locality. Within seven working days after the receipt of the document of the provincial-level People's Committee, the Ministry of Justice shall issue a document on the establishment of the Bar Association.

After obtaining the written agreement of the Justice Minister, the president of the provincial-level People's Committee shall decide to permit the establishment of the Bar Association; in case of refusal, he/she shall notify in writing the reason therefor. The refused applicant may lodge his/her complaint according to law.

Article 9. Bar association-founding congress

1. Within sixty days after a decision permitting the establishment of a Bar Association takes effect, the Bar Association founders shall organize a congress to found the Bar Association; past this time limit, if the congress is not organized, the decision permitting the establishment of the Bar Association ceases to be effective.

2. A Bar Association-founding congress covers the following principal activities:

a/ Announcement of the decision permitting the establishment of the Bar Association;

b/ Discussion on and voting to adopt the Charter of the Bar Association;

c/ Election of the Management Board, the Manager and the Commendation and Discipline Board;

d/ Adoption of the report on orientations for activities of the bar association;

e/ Adoption of the resolution of the congress.

3. The Bar Association-founding congress's results are subject to approval under Article 12 of this Decree.

Article 10. Approval of Bar Associations' Charters

1. Within seven working days after the Charter of a Bar Association is adopted, the Management Board of the Bar Association shall send to the provincial-level Justice Service a dossier requesting approval of the Charter. Such dossier comprises:

a/ A written request for approval of the Charter;

b/ The Charter and minutes for the adoption of the Charter;

c/ The congress's resolution;

d/ The written consent of the Vietnam Union of Bar Associations to the Charter's contents.

2. Within twenty days after the receipt of a complete dossier of request for approval of the Charter of a Bar Association, the provincial-level Justice Service shall assume the prime responsibility for, and coordinate with the provincial-level Home Affairs Service in, appraising the dossier and proposing the provincial-level People's Committee to approve the Charter.

Within ten working days after the receipt of written appraisals of the provincial-level Justice Service together with the dossier, the provincial-level People's Committee president shall decide to approve or disapprove the Charter of the Bar Association; in case of refusal, he/she shall notify in writing the reasons therefor.

3. The Charter of a Bar Associations will be disapproved in the following cases:

a/ Its contents are contrary to the Constitution and law;

b/ Its contents are not in line with the Charter of the Vietnam Union of Bar Associations;

c/ The charter-approving order and procedures fail to ensure regularity, democracy, publicity and transparency as provided for by law and the Charter of the Vietnam Union of Bar Associations.

4. If a Bar Association's Charter is disapproved, its Management Board shall amend the Charter or reorganize the congress to adopt the Charter according to law and the Charter of the Vietnam Union of Bar Associations.

5. When a Bar Association's Charter is revised, the Management Board of such Bar Association shall, within seven working days after the revised Charter is adopted, send to the concerned provincial-level Justice Service a written request enclosed with the revised Charter, the minutes on the adoption of the revised Charter and the resolution of the congress.

Approval of the revised Charter shall comply with the provisions of this Article.

6. The charter of a Bar Association takes effect on the date of its approval.

Article 11. Term congress of a Bar Association

1. The plenary congress or delegate congress of lawyers of a Bar Association (below referred to as the lawyers' congress) is the supreme leading body of the Bar Association. The term of a lawyers' congress shall be specified in the bar association's Charter, but must not exceed 5 years after the term of the previous congress ends.

2. A lawyers' congress is regarded as valid if it is participated by at least two-thirds of the bar association's members or two-thirds of the convened delegates.

The approval of decisions and resolutions of lawyers' congresses must be voted for by more than half of the official participants.

3. At least thirty days before the date projected for organization of a term congress, the Bar Association's Management Board shall report to the provincial-level People's Committee on the plan on organization of the term congress, the scheme on establishment of the Management Board and the Commendation and Discipline Council of the new term. The provincial-level Justice Service shall assume the prime responsibility for, and coordinate with the provincial-level Home Affairs Service in, appraising and submitting to the provincial-level People's Committee for consideration and comment the plan on organization of the term congress, the scheme on establishment of the Management Board and the Commendation and Discipline Council of the new term.

4. A Bar Association's term congress has the following tasks and powers:

a/ To review and assess the organization and operation of the Bar Association of the previous term;

b/ To adopt orientations, tasks, organization and activities of the Bar Association for the new term;

c/ To elect the Management Board, the Manager and the Commendation and Discipline Council of the Bar Association;

d/ To consider amendments or supplements to the Charter (if any);

e/ Other tasks and powers as provided for by the Bar Association's Charter.

Article 12. Approval of results of a lawyers' congress

1. The approval of results of a lawyers' congress covers the following contents:

a/ Results of election of the Management Board, the Manager and the Commendation and

Discipline Council of the Bar Association;

b/ The resolution of the Bar Association's term congress or congress to relieve from office and elect or replace the Manager, to additionally elect members of the Management Board or the Commendation and Discipline Council.

2. Within seven working days after a congress concludes, the Bar Association's Management Board shall send to the concerned provincial-level Justice Service a report on congress results, enclosed with the election minutes, a lists and resumes of the Manager and members of the Management Board and the Commendation and Discipline Council of the Bar Association; and the congress resolution.

Within ten working days after receiving the report on congress results, the provincial-level Justice Service shall assume the prime responsibility for, and coordinate with the provincial-level Home Affairs Service in, considering and proposing to the provincial-level People's Committee to approve the results of the Bar Association's congress.

Within five working days after receiving the written report of the provincial-level Justice Service, the provincial-level People's Committee shall decide to approve or disapprove the congress results; in case of refusal, it shall notify in writing the reasons therefor.

3. Election results will be disapproved in the following cases:

a/ The election order and procedures fail to ensure regularity, democracy, publicity and transparency as provided for by law, the Charter of the Vietnam Union of Bar Associations and the charter of the Bar Association;

b/ The elected leaders fail to satisfy the criteria prescribed by the Charter of the Vietnam

Union of Bar Associations and the Charter of The Bar Association.

4. The congress resolution will be disapproved in the following cases:

a/ Its contents are contrary to the Constitution, law. Charter of the Vietnam Union of Bar Associations and Charter of the Bar Association.

b/ The resolution-approving order and procedures fail to ensure the regularity, democracy, publicity and transparency as provided for by law, the Charter of Vietnam Union of Bar Association and Charter of the Bar Association.

5. Within sixty days after receiving the written notice of disapproval of the congress results, the Management Board of the Bar Association shall reorganize the congress for election, adoption or amendment of resolutions according to law, the Charter of the Vietnam Union of Bar Associations and the Charter of the Bar Association; past this time limit, if such congress is not reorganized, the provincial-level People's Committee shall consider and decide on the dissolution of such Bar Association.

6. In case of reorganizing a congress for relief from office and new election or election for replacement of the Manager, additional election of a member of the Management Board or the Commendation and Discipline Council of a Bar Association, its Management Board shall, within seven working days after the conclusion of the congress, send to the provincial-level Justice Service a report on congress results. The approval of congress results must comply with the provisions of this Article.

Article 13. Regime of reporting, sending of regulations, decisions, resolutions of Bar Associations

1. Before November 10 every year, a Bar Association shall send to the provincial-level People's Committee, provincial-level Justice Service and the Vietnam Union of Bar Associations reports on its organization and activities from October 1 of the preceding year to September 30 of the current year.

In addition to annual reports, a Bar Association shall make reports at the request of the Ministry of Justice, provincial-level People's Committee, provincial-level Justice Service or Vietnam Union of Bar Associations.

2. Within seven working days after a Bar Association issues regulations or decisions or adopts resolutions, its Management Board shall send to the Ministry of Justice, the concerned provincial-level People's Committee and the Vietnam Union of Bar Associations such regulations, decisions or resolutions.

Article 14. Request for amendment or cancellation of regulations, decisions or resolutions of Bar Associations

1. If detecting or having grounds to believe that regulations, decisions or resolutions of a Bar Association are contrary to the law on lawyers, the provincial-level People's Committee may stop the implementation thereof and request partial amendment or cancellation of such regulations, decisions or resolutions.

2. If detecting or having grounds to believe that regulations, decisions or resolutions of a Bar Associations are contrary to the Charter of the Vietnam Union of Bar Associations, the Standing Committee of the Vietnam Union of Bar Associations may stop the implementation thereof and request partial amendment or cancellation of such regulations, decisions or resolutions.

Article 15. Relief from office of Management Boards or Managers of Bar Associations

1. The Management Board or Manager of a Bar Association shall be relieved from office in one of the following cases:

a/ They have committed especially serious violations of the provisions of the Charter of their Bar Association, the Charter of the Vietnam Union of Bar Associations while performing their tasks, exercising their powers or performing their responsibilities; infringing upon the interests of their Bar Association;

b/ They have committed prohibited acts defined in Article 5 of this Decree or seriously breached other provisions of law;

c/ They have no longer gained the confidence of at least half of the members of their Bar Association;

d/ They have been disciplined in the form of temporary deprivation of their membership capacity or depletion of their names from the list of lawyers of their Bar Association;

e/ They have been deprived of the right to use law practice certificates;

f/ They have been convicted and their sentences have taken effect.

2. If the Management Board of a Bar Association falls under one of the cases specified at Points a, b and c. Clause 1 of the Article, the Standing Committee of the Vietnam Union of Bar Associations shall propose the concerned provincial-level People's Committee to issue a decision to stop the operation of such Management Board and request the Bar Association concerned to organize an extraordinary congress to elect its new Management Board and Manager.

The Commendation and Discipline Council of the Bar Association shall temporarily undertake the tasks and powers of the Management, and the president of the Commendation and Discipline Council shall temporarily undertake the tasks and powers of the Manager of the Bar Association until the its new Management Board and Manager are elected.

Within sixty days after the decision to stop the operation of the Bar Association's Management Board is issued, the president of the Commendation and Discipline Council shall convene an extraordinary congress of lawyers.

3. If the Manager of a Bar Association falls under one of the cases defined in Clause 1 of this Article, the Standing Committee of the Vietnam Union of Bar Associations shall propose the concerned provincial-level People's Committee to issue a decision to suspend him/ her from such position and request the Management Board of such Bar Association to appoint a deputy manager of the Bar Association to work as acting Manager of the Bar Association until a new Manager is elected; within thirty days after the appointment, the acting Manager of the Bar Association shall convene an extraordinary congress to elect a new Manager of the Bar Association.

4. Persons relieved from office may lodge their complaints or lawsuits with administrative courts according to law.

Article 16. Relief from office of leading officials of Bar Associations

1. Leading officials of a Bar Association shall be relieved from office in the following cases:

a/ They have lost their civil act capacity or have had their civil act capacity restricted;

b/ They have applied to retire from their positions;

c/ They are unable to fulfill their tasks due to poor health or other reasons.

2. The relief from office of leading officials of a Bar Association from must comply with its Charter.

Article 17. Dissolution of Bar Associations

1. A Bar Association shall be dissolved in the following cases;

a/ It has fewer than three member lawyers;

b/ Past the six-month time limit after the end of its term, it still fails to organize a congress;

c/ It fails to reorganize a congress as provided for in Clause 5, Article 12 of this Decree;

d/ Its activities have seriously violated the law, its Charter or the Charter of the Vietnam Union of Bar Associations, adversely affecting national security, social order and safety and infringing upon the interests of the State, public interests, the lawful rights and interests of agencies or organizations or individuals.

2.If a Bar Association is dissolved under Clause 1 of this Article, the president of the concerned provincial-level People's Committee shall issue a decision to dissolve it after reaching agreement with the Justice Minister.

The re-establishment of a Bar Association must comply with Articles 7, 8 and 9 of this Decree.

Chapter III

VIETNAM UNION OF BAR ASSOCIATIONS

Article 18. Legal status of the Vietnam Union of Bar Associations

1. Vietnam Union of Bar Associations is a national unified socio-professional organization of Bar Associations and lawyers, having the legal person status and its own seal and accounts, and operating on the principle of self-financing its activities with revenues from membership fees, members' contributions and other lawful revenue sources.

2. The Vietnam Union of Bar Associations is a member of Vietnam Fatherland Front as provided for by the latter's Charter.

3. The Vietnam Union of Bar Associations has a Charter to uniformly regulate the organization and operation of the Vietnam Union of Bar Associations and of Bar Associations of provinces and centrally run cities; the rights and obligations of its members, and its relations with its members, concerned agencies and organizations.

Article 19. Founding of the Vietnam Union of Bar Associations

1. The Vietnam Union of Bar Associations is founded by the first national congress of lawyers' delegates under the Prime Minister's decision.

2. The first national congress of lawyers' delegates covers the following activities:

a/ Promulgation of a decision to found the Vietnam Union of Bar Associations;

b/ Discussion on and voting to adopt the Charter of the Vietnam Union of Bar Associations;

c/ Election of the National Council of Lawyers;

d/ Adoption of a report on orientations for activities of the Vietnam Union of Bar Associations;

e/ Adoption of the congress's resolution.

3. The results of the Vietnam Union of Bar Association-founding congress are subject to approval under of Article 22 of this Decree.

Article 20. Approval of the Charter of the Vietnam Union of Bar Associations

1. Within seven working days after the Charter of the Vietnam Union of Bar Associations is adopted, the National Council of Lawyers shall send to the Ministry of Justice a dossier requesting approval of the Charter. The dossier comprises:

a/ A written request for approval of the Charter;

b/ The Charter and minutes on the adoption of the Charter;

c/ The congress' resolution.

2. Within thirty days after the receipt of the complete dossier requesting the approval of the Charter of the Vietnam Union of Bar Associations, the Justice Minister shall decide to approve or disapprove such Charter after reaching agreement with the Minister of Home Affairs; in case of disapproval, the reasons therefor must be notified in writing.

3. The Charter of the Vietnam Union of Bar Associations shall be disapproved in the following cases:

a/ Its contents are contrary to the Constitution and law;

b/ The Charter-adopting order and procedures fail to ensure regularity, democracy, publicity and transparency as provided for by law.

4. If the Charter of the Vietnam Union of Bar Associations is disapproved, the National Council of Lawyers shall revise it and reorganize a congress to adopt the Charter according to law.

5. Upon revision of the Charter of the Vietnam Union of Bar Associations, the National Council of Lawyers shall, within seven working days after the revised Charter is approved, send a written request for approval, enclosed with the revised Charter, the minutes on the adoption of the revised Charter and the congress's resolution.

The approval of the revised Charter must comply with the provisions of this Article.

6. The Charter of the Vietnam Union of Bar Associations takes effect on the date of its approval.

Article 21. Term congress of the Vietnam Union of Bar Associations

1. The national congress of lawyers' delegates is the supreme leading body of the Vietnam Union of Bar Associations. Its term is specified by the Charter of the Vietnam Union of Bar Associations, but must not exceed 5 years after the end of its previous term.

2. A congress of the Vietnam Union of Bar Associations is considered valid of it is participated by at least two-thirds of the convened delegates.

Decisions and resolutions of a congress of the Vietnam Union of Bar Associations must be voted for by more than half of the participating delegates.

3. At least sixty days before the date projected for organization of a term congress, the Standing Committee of the Vietnam Union of Bar Associations shall report to the Ministry of Justice on the plan on organization of the term congress and the scheme on election of holders of leading titles of the Vietnam Union of Bar Associations for the new term. The Ministry of Justice shall assume the prime responsibility for, and coordinate with the Ministry of Home

Affairs in, considering and commenting on the plan on organization of the congress.

4. The term congress of the Vietnam Union of Bar Associations has the following tasks and powers:

a/To review and assess the organization and operation of the Union in the previous term;

b/ To adopt orientations, tasks, organization and activities of the Union in the new term;

c/ To elect holders of leading titles of the Union in the new term;

d/ To consider amendments or supplements to the Charter (if any);

e/ Other tasks and powers as prescribed by the Charter of the Vietnam Union of Bar Associations.

Article 22. Approval of results of a congress of the Vietnam Union of Bar Associations

1. The approval of results of a congress of the Vietnam Union of Bar Associations covers the following contents:

a/ Results of election of leading titles of the Vietnam Union of Bar Associations;

b/ Resolutions of the term congress or the congress to dismiss and elect for replacement or additionally elect leading titles of the Vietnam Union of Bar Associations.

2. Within ten working days after the end of a congress, the Standing Committee of the Vietnam Union of Bar Associations shall send to the Ministry of Justice a report on the congress results, enclosed with the election records and a list and resumes of persons holding the leading titles of the Vietnam Union of Bar Associations and the resolution of the congress.

Within fifteen days after receiving the report on congress results, the Ministry of Justice shall consider and approve or disapprove the election results or resolution of the congress of the Vietnam Union of Bar Associations after obtaining opinions of the Ministry of Home Affairs.

3. Election results shall be disapproved in the following cases:

a/ The election order and procedures fail to ensure regularity, democracy, publicity and transparency as provided by law and the Charter of the Vietnam Union of Bar Associations;

b/ The elected leading title holders fail to fully meet the criteria prescribed by the Charter of the Vietnam Union of Bar Associations.

4. A congress resolution shall be disapproved in the following cases:

a/ Its contents are contrary to the Constitution, law or the Charter of the Vietnam Union of Bar Associations;

b/ The resolution-adopting order and procedures fail to ensure regularity, democracy, publicity and transparency under law and the Charter of Vietnam Union of Bar Associations.

5. Within sixty days after the receipt of the written notice on disapproval of the election results or congress resolution, the National Council of Lawyers shall reorganize a congress to conduct election, adopt and amend resolutions in strict accordance with law and the Charter of the Vietnam Union of Bar Associations. Past the time limit prescribed in this Clause, if the National Council of Lawyers fails to reorganize the congress, the Ministry of Justice shall assume the prime responsibility for, and coordinate with the Ministry of Home Affairs in, reporting such to the Prime Minister for considering and deciding on the dissolution of the Vietnam Union of Bar Associations.

6. In case of organizing a congress to dismiss and elect new or additional leading titles of the Vietnam Union of Bar Associations, the Standing Committee of the Vietnam Union of Bar Associations shall, within ten working days after the end of the congress, send to the Ministry of Justice a report on congress results. The approval of the congress results must comply with the provisions of this Article.

Article 23. Regime of reporting, sending of regulations, decisions and resolutions of the Vietnam Union of Bar Associations

1. Annually, the Vietnam Union of Bar Associations shall send to the Ministry of Justice a report on the organization and activities of lawyers and Bar Associations throughout the country and of the Vietnam Union of Bar Associations. The report covers the period from October 1 of the preceding year to September 30 of the current year and must be sent before November 15 every year.

In addition to its annual reports, the Vietnam Union of Bar Associations shall make reports at the request of the Ministry of Justice.

2. Within seven working days after the Vietnam Union of Bar Associations promulgates regulations or decisions or adopts resolutions, its Standing Committee shall send to the Ministry of Justice such regulations, decisions and resolutions.

Article 24. Request for amendment or cancellation of regulations, decisions or resolutions of the Vietnam Union of Bar Associations

If detecting or having grounds to believe that regulations, decisions or resolutions of the Vietnam Union of Bar Associations are contrary to the law on lawyers, the Ministry of Justice,au suspend the implementation thereof and request partial amendment or cancellation of such regulations, decisions or resolutions.

Article 25. Relief from office the National Council of Lawyers or the president of the Vietnam Union of Bar Associations

1. The National Council of Lawyers or the president of the Vietnam Union of Bar Associations will be relieved from office in one of the following cases:

a/ Committing especially serious violations of the Charter of the Vietnam Union of Bar Associations in performing their tasks, powers and responsibilities; infringing upon the interests of the Vietnam Union of Bar Associations;

b/ Committing prohibited acts defined in Article 5 of this Decree or seriously breaching other legal provisions;

c/ No longer gaining the confidence of at least half of the Bar Associations;

d/ Being disciplined in the form of suspension from membership capacity or deletion from the list of lawyers of Bar Associations;

e/ Being deprived of the right to use law practice certificates;

f/ Being convicted with the sentences having taken effect.

2. If the National Council of Lawyers falls under one of the cases defined at Points a, b and c, Clause 1 of this Article or the president of the Vietnam Union of Bar Associations falls under one of the cases defined in Clause 1 of this Article, the Minister of Justice shall assume the prime responsibility for, and coordinate with the Minister of Home Affairs in, proposing the Prime Minister to issue a decision to suspend the operation of the National Council of Lawyers or to relieve from office the president of the Vietnam Union of Bar Associations and request Vietnam Union of Bar Associations to hold an extraordinary congress to elect new leading titles of the Union.

3. Persons relieved from office may lodge their complaints or lawsuits with administrative courts according to law.

Article 26. Relief from duty of leading titles of the Vietnam Union of Bar Associations

1. Leading title holders of the Vietnam Union of Bar Associations shall be relieved from duty in the following cases:

a/ They have lost their civil act capacity or have their civil act capacity restricted;

b/ They have applied to retire from their positions;

c/ They are unable to perform their tasks due to poor health or other reasons.

2. The relief from duty of leading title holders of the Vietnam Union of Bar Associations must comply with the provisions of its Charter.

Article 27. Dissolution of the Vietnam Union of Bar Associations

1. The Vietnam Union of Bar Associations shall be dissolved in the following cases:

a/ Past six months after the end of its term, it still fails to organize a congress;

b/ It fails to reorganize congress as provided for in Clause 5, Article 22 of this Decree;

c/ Its activities have seriously breached the law or its charter, adversely affecting national security, social order and safety and infringing upon the interests of the State, public interests or lawful rights and interests of agencies, organizations or individuals.

2. If the Vietnam Union of Bar Associations is dissolved under Clause 1 of this Article, the Prime Minister shall issue a decision to dissolve it and a decision to re-establish the Vietnam Union of Bar Associations.

Chapter IV

STATE MANAGEMENT OF LAWYERS' SOCIO-PROFESSIONAL ORGANIZATIONS

Article 28. Tasks and powers of the Ministry of Justice in the state management of lawyers' socio-professional organizations

The Ministry of Justice shall take responsibility before the Government for performing the state management of lawyers' socio-professional organizations, having the following tasks and powers:

1. To formulate and submit to competent state agencies for promulgation or promulgate and guide according to its competence legal documents on lawyers' socio-professional organizations.

2. To approve the results of congresses of Vietnam Union of Bar Associations after consulting the Ministry of Home Affairs; to approve the Charter of the Vietnam Union of Bar Associations after reaching agreement with the Minister of Home Affairs.

3. To assume the prime responsibility for, and coordinate with the Ministry of Home Affairs in, considering and commenting on plans on organization of term congresses, schemes on election of leading-title holders of Vietnam Union of Bar Associations in the new term.

4. To examine and inspect the observance of law by lawyers' socio-professional organizations; to examine the implementation of the Charters of lawyers' socio-professional organizations.

5. To handle violations of the law on lawyers' socio-professional organizations; to settle complaints and denunciations about organization and operation of lawyers' socio-professional organizations.

6. To perform the state management of international cooperation activities of lawyers' socio-professional organizations.

7. To stop the implementation and request the amendment of regulations, decisions and resolutions of the Vietnam Union of Bar Associations which are contrary to the law on lawyers.

Article 29. Tasks and powers of provincial-level People's Committees in the state management of lawyers' socio-professional organizations

1. Provincial-level People's Committees shall perform the state management of lawyers' socio-professional organizations in their respective localities, having the following tasks and powers:

a/ To permit the establishment of Bar Associations, to decide on the dissolution of Bar Associations after consulting the Justice Minister;

b/ To approve the results of congresses of Bar Associations; to approve the Charters of Bar Associations;

c/ To examine and inspect the observance of the law on lawyers' socio-professional organizations; to examine the implementation of the Charters of lawyers' socio-professional organizations in their localities according to their competence;

d/ To handle violations of the law on lawyers' socio-professional organizations; to settle complaints and denunciations about organization and operation of lawyers' socio-professional organizations in their localities according to their competence;

e/ To perform the state management of international-cooperation activities of lawyers' socio-professional organizations in their localities according to their competence;

f/ To stop the implementation and request amendment of regulations, decisions and resolutions of Bar Associations which are contrary to the law on lawyers.

2. Provincial-level Justice Services shall assist provincial-level People's Committees in performing the state management of lawyers' socio-professional organizations in localities, having the following tasks and powers:

a/ To assume the prime responsibility for, and coordinate with provincial-level Home Affairs Services in, appraising dossiers and proposing provincial-level People's Committees to permit the establishment of Bar Associations and to decide on the dissolution of Bar Associations;

b/ To assume the prime responsibility for, and coordinate with provincial-level Home Affairs Services in, appraising the dossiers and proposing provincial-level People's Committees to approve the Charters of Bar Associations; to assume the prime responsibility for, and coordinate with provincial-level Home Affairs Services in, considering and proposing provincial-level People's Committees to approve the results of congresses of Bar Associations;

c/ To assume the prime responsibility for, and coordinate with provincial-level Home Affairs Services in, appraising and submitting to provincial-level People's Committees for consideration and comment plans on organization of term congresses and schemes on election of the Management Boards and the Commendation and Discipline Councils of the new term.

d/ To examine and inspect the observance of the law on lawyers' socio-professional organizations; to examine the implementation of the Charters of lawyers' socio-professional organizations in localities; to settle complaints and denunciations about organization and operation of Bar Associations under authorization of the Justice Minister or provincial-level People's Committee presidents.

Chapter V

IMPLEMENTATION PROVISIONS

Article 30. Implementation effect

This Decree takes effect 15 days after its publication in "CONG BAO."

Articles 12 and 13, Chapter IV of the Government's Decree No. 28/2007/ ND-CP of February 26, 2007, detailing and guiding the implementation of a number of articles of the Law on Lawyers become invalid on the date this Decree takes effect.

Article 31. Responsibilities for implementation of the Decree

Ministers, heads of ministerial-level agencies, heads of government-attached agencies and presidents of provincial-level People's Committees shall implement this Decree.

The Justice Minister shall guide the implementation of this Decree

 

 

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Nguyen Tan Dung

 

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Ngày ban hành31/12/2008
Ngày hiệu lực01/02/2009
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Tình trạng hiệu lựcHết hiệu lực 28/11/2013
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Lược đồ Decree No. 131/2008/ND-CP of December 31, 2008, guiding the implementation of the Law on Lawyers regarding lawyers' socio-professional organizations.


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        Decree No. 131/2008/ND-CP of December 31, 2008, guiding the implementation of the Law on Lawyers regarding lawyers' socio-professional organizations.
        Loại văn bảnNghị định
        Số hiệu131/2008/ND-CP
        Cơ quan ban hànhChính phủ
        Người kýNguyễn Tấn Dũng
        Ngày ban hành31/12/2008
        Ngày hiệu lực01/02/2009
        Ngày công báo...
        Số công báo
        Lĩnh vựcDịch vụ pháp lý
        Tình trạng hiệu lựcHết hiệu lực 28/11/2013
        Cập nhật4 năm trước

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                Văn bản gốc Decree No. 131/2008/ND-CP of December 31, 2008, guiding the implementation of the Law on Lawyers regarding lawyers' socio-professional organizations.

                Lịch sử hiệu lực Decree No. 131/2008/ND-CP of December 31, 2008, guiding the implementation of the Law on Lawyers regarding lawyers' socio-professional organizations.