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

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.

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