Decree No. 131/2008/ND-CP guides the implementation of the provisions of the Lawyer Law regarding the organization of lawyers' social-professional associations.

DECREE

Implementation guidelines for the provisions of the Lawyer Law regarding the social-professional activities of lawyers

organization  |||

_____________________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Based on the Lawyer Law dated June 29, 2006;

Considering the proposal of the Minister of Justice.

DECREE:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and applicability

1. This Decree stipulates the principles of organization, operation, establishment, dissolution, and state management of lawyer social-professional organizations.

2. This Decree applies to Bar Associations at provincial and centrally governed city levels, the Vietnam Bar Federation, and related agencies and organizations.

Article 2. Functions, tasks, powers of lawyer social-professional organizations

1. Lawyer social-professional organizations established at provincial and centrally governed city levels and nationwide shall represent and protect the legitimate rights and interests of lawyers; implement self-management functions of lawyers to build and develop a team of lawyers with political integrity, ethics, high professional qualifications, contributing to protecting justice, developing the economy, building a fair, democratic, and civilized society.

2. Lawyer social-professional organizations have tasks and powers as prescribed by the Lawyer Law and their own Charter.

Article 3. Principles of organization and operation of lawyer social-professional organizations

1. Compliance with the Constitution and laws.

2. Comply with the approved Charter in accordance with the law.

3. Combine self-management functions with state management.

4. Democracy, equality, transparency, and fairness.

5. Financial autonomy.

Article 4. Responsibilities of the State

1. State agencies within the scope of their functions, tasks, and powers shall be responsible for creating favorable conditions for lawyer social-professional organizations to operate in accordance with the law and their Charter.

2. The State has policies to support initial material infrastructure for lawyer social-professional organizations; implement measures to support the development of the lawyer workforce, professional training, ethics, and professional conduct.

Article 5. Prohibited acts

1. Obstructing or interfering illegally with the organization and operation of lawyer social-professional organizations.

2. Misusing the name of lawyer social-professional organizations to negatively impact national security, public order, social safety, infringing upon the interests of the State, public interest, and the legitimate rights and interests of agencies, organizations, and individuals.

Chapter II

BAR ASSOCIATION

Article 6. Legal status of the Bar Association

1. The Bar Association is a lawyer social-professional organization established in each province and centrally governed city, having legal personality, seal, and bank account, operating on the principle of self-sufficiency from membership fees, contributions from members, and other lawful sources of income.

2. The Bar Association is a member of the Provincial and Centrally Governed City People's Committees' Front according to the Charter of the Vietnam Fatherland Front.

3. The Bar Association has its Charter to regulate internal relations. The Bar Association Charter must not contravene the Charter of the Vietnam Bar Federation.

Article 7. Conditions for establishing a Bar Association

1. Objectives and purposes of operation must not violate the Constitution and laws.

2. Have at least three founding members holding a Lawyer Practice Certificate in each province and centrally governed city.

3. Have a plan for organizational structure and Charter.

Article 8. Procedures for Approving the Establishment of Bar Associations

1. The documents for establishing a Bar Association include:

a) A request for establishing a Bar Association;

b) A draft Charter of the Bar Association;

c) A draft Report on the direction of activities of the Bar Association;

d) A proposal for organizing the Founding Congress of the Bar Association;

đ) A list of members of the Bar Association accompanied by copies of their Lawyer Practice Certificates.

2. The documents for establishing a Bar Association shall be prepared by the founders of the Bar Association and submitted to the Department of Justice of the province or centrally governed city. Within fifteen days from the date of receipt of all documents, the Department of Justice shall lead and coordinate with the Department of Home Affairs to examine the documents and submit them to the People's Committee of the province or centrally governed city (hereinafter referred to as the Provincial People's Committee) for approval to establish the Bar Association.

Within five working days from the date of receipt of the examination report of the Department of Justice along with the documents, the Provincial People's Committee shall send a document to the Ministry of Justice regarding the establishment of the Bar Association at the local level. Within seven working days from the date of receipt of the document from the Provincial People's Committee, the Ministry of Justice shall issue a document regarding the establishment of the Bar Association.

After receiving a written agreement from the Minister of Justice, the Chairman of the Provincial People's Committee shall decide to approve the establishment of the Bar Association; in case of refusal, the reason must be notified in writing. The person refused has the right to appeal according to the provisions of the law.

Article 9. Founding Congress of the Bar Association

1. Within sixty days from the date the decision approving the establishment of the Bar Association takes effect, the founders of the Bar Association must organize the Founding Congress of the Bar Association; if it is not organized within this period, the decision approving the establishment of the Bar Association will lose its effect.

2. The main contents of the Founding Congress of the Bar Association include:

a) Announcing the decision approving the establishment of the Bar Association;

b) Discussing and voting to adopt the Charter of the Bar Association;

c) Electing the Board of Directors, Director, Reward and Disciplinary Council;

d) Adopting the Report on the direction of activities of the Bar Association;

đ) Adopting the Resolution of the Congress.

3. The results of the Founding Congress of the Bar Association must be approved in accordance with Article 12 of this Decree.

Article 10. Approval of the Charter of the Bar Association

1. Within seven working days from the date the Charter of the Bar Association is adopted, the Board of Directors of the Bar Association shall submit to the Department of Justice the application for approval of the Charter. The documents include:

a) A request for approval of the Charter;

b) The Charter and the minutes of the adoption of the Charter;

c) The Resolution of the Congress;

d) A document agreeing to the content of the Charter from the Vietnam Bar Federation.

2. Within twenty days from the date of receipt of all documents for approval of the Charter of the Bar Association, the Department of Justice shall lead and coordinate with the Department of Home Affairs to examine the documents and submit them to the Provincial People's Committee for approval of the Charter of the Bar Association.

Within ten working days from the date of receipt of the examination report of the Department of Justice along with the documents, the Chairman of the Provincial People's Committee shall decide to approve or refuse to approve the Charter of the Bar Association; in case of refusal, the reason must be notified in writing.

3. The Charter of the Bar Association will be refused approval in the following cases:

a) Containing content contrary to the Constitution and laws;

b) Containing content that does not comply with the provisions of the Charter of the Vietnam Bar Federation;

c) The process and procedures for adopting the Charter do not ensure legality, democracy, transparency, and openness as stipulated by the law and the Charter of the Vietnam Bar Federation.

4. In case the Charter of the Bar Association is refused approval, the Board of Directors of the Bar Association must organize the amendment of the content of the Charter or reorganize the Congress to adopt the Charter in accordance with the provisions of the law and the Charter of the Vietnam Bar Federation.

5. When there are amendments or supplements to the content of the Charter of the Bar Association, within seven working days from the date the amended and supplemented Charter is adopted, the Board of Directors of the Bar Association shall submit to the Department of Justice a request along with the amended and supplemented Charter, the minutes of the adoption of the amended and supplemented Charter, and the Resolution of the Congress.

The approval of the amended and supplemented Charter shall be carried out in accordance with the provisions of this Article.

6. The Charter of the Bar Association shall take effect from the date of approval.

Article 11. Term Congress of the Bar Association

1. The General Congress or the Representative Congress of the Bar Association (hereinafter referred to collectively as the Lawyer Congress) is the highest governing body of the Bar Association. The term of the Lawyer Congress is determined by the Charter of the Bar Association but shall not exceed five years, starting from the day the previous term congress concludes.

2. The Lawyer Congress is considered valid if at least two-thirds of the members of the Bar Association or two-thirds of the representatives summoned participate.

Voting on decisions and resolutions of the Lawyer Congress must be approved by more than half of the present official representatives.

3. At least thirty days before the planned date for organizing the term congress, the Board of Directors of the Bar Association must report to the Provincial People's Committee on the Project for organizing the term congress, the plan for establishing the Board of Directors, the Reward and Disciplinary Council for the new term. The Department of Justice will lead and coordinate with the Department of Home Affairs to review and submit to the Provincial People's Committee for consideration and comments on the Project for organizing the term congress, the plan for establishing the Board of Directors, the Reward and Disciplinary Council for the new term.

4. The term congress of the Bar Association has the following tasks and powers:

a) Summarizing and evaluating the organization and activities of the Bar Association during the previous term;

b) Approving the direction, tasks, organization, and activities of the Bar Association for the new term;

c) Electing the Board of Directors, Director, Reward and Disciplinary Council of the Bar Association;

d) Considering amendments and supplements to the Charter (if necessary);

đ) Other contents as prescribed by the Charter of the Bar Association.

Article 12. Approval of the Results of the Lawyer Congress

1. The content of approving the results of the Lawyer Assembly includes:

a) The results of electing the Board of Directors, Director, Reward and Disciplinary Council of the Bar Association;

b) Resolutions of the term congress or congress to remove and elect a new or substitute Director, to elect additional members of the Board of Directors, Reward and Disciplinary Council of the Bar Association.

2. Within seven working days from the end of the congress, the Board of Directors of the Bar Association must send the Department of Justice a report on the results of the congress, along with the election record and list of the Director and members of the Board of Directors, Reward and Disciplinary Council of the Bar Association; the Resolution of the Congress.

Within ten working days from receiving the report on the results of the congress, the Department of Justice will lead and coordinate with the Department of Home Affairs to examine and submit to the Provincial People's Committee for approval of the results of the Bar Association's congress.

Within five working days from receiving the submitted document from the Department of Justice, the Provincial People's Committee decides to approve or reject the approval of the congress results; in case of rejection, it must notify the reasons in writing.

3. The election results shall be rejected for approval in the following cases:

a) The election procedures and processes do not ensure legality, democracy, transparency, and openness as stipulated by law, the Charter of the Vietnam Bar Federation, and the Charter of the Bar Association;

b) The elected leadership positions do not meet the standards as prescribed by the Charter of the Vietnam Bar Federation and the Charter of the Bar Association.

4. The Congress's resolutions shall be rejected for approval in the following cases:

a) Contain content contrary to the Constitution, laws, the Charter of the Vietnam Bar Federation, and the Charter of the Bar Association.

b) The procedures and processes for passing resolutions do not ensure legality, democracy, transparency, and openness as stipulated by law, the Charter of the Vietnam Bar Federation, and the Charter of the Bar Association.

5. Within sixty days from receiving the notification about the rejection of approval of the congress, the Board of Directors of the Bar Association must organize another congress to carry out the elections and pass, amend resolutions according to the provisions of law, the Charter of the Vietnam Bar Federation, and the Charter of the Bar Association; if not organized within this period, the Provincial People's Committee will be responsible for considering and deciding on the dissolution of the Bar Association.

6. In cases where the congress is organized to remove and elect a new or substitute Director, to elect additional members of the Board of Directors, Reward and Disciplinary Council of the Bar Association, within seven working days from the end of the congress, the Board of Directors of the Bar Association must send the Department of Justice a report on the results of the congress. The approval of the congress results will be carried out according to the provisions of this Article.

Article 13. Reporting System for Regulations, Decisions, and Resolutions of the Bar Association

1. Annually, the Bar Association shall be responsible for submitting to the People's Committee at the provincial level, the Department of Justice, and the Vietnam Bar Federation a report on the organizational and operational situation of the Bar Association. The report covers the period from October 1st of the previous year to September 30th of the current year and must be submitted before November 10th each year.

In addition to the annual reports, the Bar Association shall submit reports upon request of the Ministry of Justice, the People's Committee at the provincial level, the Department of Justice, or the Vietnam Bar Federation.

2. Within seven working days from the date of issuance of regulations, decisions, or adoption of resolutions by the Bar Association, the Board of Directors of the Bar Association shall be responsible for submitting these regulations, decisions, or resolutions to the Ministry of Justice, the People's Committee at the provincial level, and the Vietnam Bar Federation.

Article 14. Request for Amendment or Revocation of Regulations, Decisions, and Resolutions of the Bar Association

1. In cases where it is discovered or there is evidence that the regulations, decisions, or resolutions of the Bar Association contravene the provisions of laws regarding lawyers, the People's Committee at the provincial level has the right to suspend their implementation and request amendments to part or revocation of all such regulations, decisions, or resolutions.

2. In cases where it is discovered or there is evidence that the regulations, decisions, or resolutions of the Bar Association contravene the provisions of the Charter of the Vietnam Bar Federation, the Standing Committee of the Vietnam Bar Federation has the right to suspend their implementation and request amendments to part or revocation of all such regulations, decisions, or resolutions.

Article 15. Removal of the Board of Directors and Director of the Bar Association

1. The Board of Directors and Director of the Bar Association shall be removed in any of the following circumstances:

a) Serious violation of the provisions of the Charter of the Bar Association and the Charter of the Vietnam Bar Federation in performing duties, powers, and responsibilities; harming the interests of the Bar Association;

b) Engaging in prohibited acts as stipulated in Article 5 of this Decree or serious violations of other laws;

c) Losing the trust of at least half of the members of the Bar Association;

d) Being subject to disciplinary action in the form of temporary suspension of membership status or removal from the list of lawyers of the Bar Association;

đ) Having their lawyer practice certificate revoked;

e) Being convicted and the judgment having become legally binding.

2. In cases where the Board of Directors of the Bar Association falls under any of the circumstances specified in points a, b, and c of Clause 1 of this Article, the Standing Committee of the Vietnam Bar Federation shall propose the People's Committee at the provincial level to issue a decision suspending the activities of the Board of Directors of the Bar Association and requesting the Bar Association to convene an extraordinary congress to elect a new Board of Directors and Director of the Bar Association.

The Disciplinary Council of the Bar Association shall temporarily perform the duties and powers of the Board of Directors; the Chairman of the Disciplinary Council shall temporarily perform the duties and powers of the Director of the Bar Association until a new Board of Directors and Director are elected.

Within sixty days from the date of the decision suspending the Board of Directors of the Bar Association, the Chairman of the Disciplinary Council of the Bar Association must convene an extraordinary congress of lawyers.

3. In cases where the Director of the Bar Association falls under any of the circumstances specified in Clause 1 of this Article, the Standing Committee of the Vietnam Bar Federation shall propose the People's Committee at the provincial level to issue a decision suspending the position of Director and requesting the Board of Directors of the Bar Association to appoint a Deputy Director of the Bar Association to serve as Acting Director of the Bar Association until a new Director is elected; within thirty days from the date of appointment, the Acting Director of the Bar Association must convene an extraordinary congress to elect a new Director of the Bar Association.

4. The person removed has the right to appeal or file a lawsuit with the Administrative Court in accordance with the law.

Article 16. Removal from leadership positions of the Bar Association

1. The leadership positions of the Bar Association shall be removed in the following cases:

3. In addition to the provisions of Clause 1 and Clause 2 of this Article, forensic examiners in the fields of technology, equipment, machinery, atomic energy, and industrial property (for objects such as inventions, integrated circuit layout designs) must have a bachelor's degree or higher in the following majors:

b) Requesting to withdraw from the leadership position;

c) Due to health reasons or other reasons that prevent the performance of duties.

2. The removal of leadership positions of the Bar Association shall be carried out in accordance with the provisions of the Charter.

Article 17. Dissolution of the Bar Association

1. The Bar Association shall be dissolved in the following cases:

a) No longer having at least three member lawyers;

b) Exceeding six months from the end of the term without convening a Congress;

c) Not reconvening the Congress as prescribed in Clause 5, Article 12 of this Decree;

d) Activities of the Bar Association seriously violating laws, the Charter of the Bar Association, the Charter of the Vietnam Bar Federation, causing negative impacts on national security, public order, social safety, infringing upon the interests of the State, public interests, lawful rights and interests of agencies, organizations, and individuals.

2. In case the Bar Association is dissolved according to the provisions of Clause 1 of this Article, the Chairman of the People's Committee of the province shall issue a decision to dissolve the Bar Association after reaching consensus with the Minister of Justice.

The re-establishment of the Bar Association shall be carried out in accordance with Articles 7, 8, and 9 of this Decree.

Chapter III

VIETNAM BAR FEDERATION

Article 18. Legal status of the Vietnam Bar Federation

1. The Vietnam Bar Federation is a nationwide unified professional association of Bar Associations and lawyers, possessing legal personality, seal, and bank account, operating on the principle of self-sufficiency through membership fees, contributions from members, and other lawful sources of income.

2. The Vietnam Bar Federation is a member of the Vietnam Fatherland Front according to the Charter of the Vietnam Fatherland Front.

3. The Vietnam Bar Federation has a Charter to uniformly regulate the organization and activities of the Vietnam Bar Federation, provincial and central city Bar Associations; the rights and obligations of Federation members; relations between the Federation and its members, relevant agencies, and organizations.

Article 19. Establishment of the Vietnam Bar Federation

1. The Vietnam Bar Federation was established by the First National Congress of Lawyers pursuant to the Prime Minister's decision.

2. The main contents of the First National Congress of Lawyers include:

a) Announcing the decision to establish the Vietnam Bar Federation;

b) Discussing and voting to approve the Charter of the Vietnam Bar Federation;

c) Electing the National Bar Council;

d) Approving the Report on the direction of activities of the Vietnam Bar Federation;

đ) Adopting the Resolution of the Congress.

3. The results of the congress establishing the Vietnam Bar Federation must be approved in accordance with Article 22 of this Decree.

Article 20. Approval of the Charter of the Vietnam Bar Federation

1. Within seven working days from the date the Charter of the Vietnam Bar Federation is adopted, the National Bar Council shall submit to the Ministry of Justice a dossier requesting approval of the Charter. The dossier includes:

a) A request for approval of the Charter;

b) The Charter and the minutes of the adoption of the Charter;

c) The Resolution of the Congress;

2. Within thirty days from the date of receiving the complete dossier requesting approval of the Charter of the Vietnam Bar Federation, the Minister of Justice shall decide to approve or reject the approval of the Charter of the Vietnam Bar Federation after reaching consensus with the Minister of Home Affairs; in case of rejection, the reason must be notified in writing.

3. The Charter of the Vietnam Bar Federation shall be rejected for approval in the following cases:

a) Containing content contrary to the Constitution and laws;

b) The process and procedures for adopting the Charter do not ensure legality, democracy, transparency, and openness as prescribed by law.

4. In case the Charter of the Vietnam Bar Federation is rejected for approval, the National Bar Council must organize the amendment of the Charter's content or reconvene the Congress to adopt the Charter in accordance with the provisions of the law.

5. When there are amendments or supplements to the content of the Charter of the Vietnam Bar Federation, within seven working days from the date the amended and supplemented Charter is adopted, the National Bar Council shall submit to the Ministry of Justice a request letter accompanied by the amended and supplemented Charter; minutes of the adoption of the amended and supplemented Charter, Congress Resolution.

The approval of the amended and supplemented Charter shall be carried out in accordance with the provisions of this Article.

6. The Charter of the Vietnam Bar Federation shall take effect from the date of approval.

Article 21. Term Congress of the Vietnam Bar Federation

1. The National Lawyer Representative Congress is the highest governing body of the Vietnam Bar Federation. The term of the Congress of the Vietnam Bar Federation is stipulated in the Charter of the Vietnam Bar Federation but shall not exceed five years, starting from the day the previous term Congress concludes.

2. The Congress of the Vietnam Bar Federation is considered valid if at least two-thirds of the summoned delegates participate.

Voting to pass decisions and resolutions of the Congress of the Vietnam Bar Federation must be approved by more than half of the present official delegates.

3. At least sixty days before the planned organization of the term Congress, the Standing Board of the Vietnam Bar Federation must report to the Ministry of Justice on the Project for organizing the term Congress and the plan for building leadership positions of the new term Vietnam Bar Federation. The Ministry of Justice will take the lead and coordinate with the Ministry of Home Affairs to review and provide opinions on the Project for organizing the Congress.

4. The term Congress of the Vietnam Bar Federation has the following tasks and powers:

a) Summarizing and evaluating the organizational and operational activities of the Federation during the previous term;

b) Approving directions, tasks, organizational structure, and operations of the Federation in the new term;

c) Electing leadership positions of the new term Federation;

d) Considering amendments and supplements to the Charter (if necessary);

d) Other contents as prescribed in the Charter of the Vietnam Bar Federation.

Article 22. Approval of the Results of the Congress of the Vietnam Bar Federation

1. The content of approving the results of the Congress of the Vietnam Bar Federation includes:

a) The results of electing leadership positions of the Vietnam Bar Federation;

b) Resolutions of the term Congress or Congress to dismiss and elect new or substitute, supplementary leadership positions of the Vietnam Bar Federation.

2. Within ten working days from the end of the Congress, the Standing Board of the Vietnam Bar Federation must send the Ministry of Justice a report on the results of the Congress, along with the election record, a list of leadership positions of the Vietnam Bar Federation, and the Congress Resolution.

Within fifteen days from receiving the report on the results of the Congress, the Ministry of Justice will review and approve or refuse to approve the election results and the Congress Resolution of the Vietnam Bar Federation after obtaining the opinion of the Ministry of Home Affairs.

3. The election results shall be rejected for approval in the following cases:

a) The election process and procedures do not ensure legality, democracy, transparency, and openness as prescribed by law and the Charter of the Vietnam Bar Federation;

b) The elected leadership positions do not meet the required standards as stipulated in the Charter of the Vietnam Bar Federation.

4. The Congress's resolutions shall be rejected for approval in the following cases:

a) The content contravenes the Constitution, laws, and the Charter of the Vietnam Bar Federation;

b) The process and procedures for passing the Resolution do not ensure legality, democracy, transparency, and openness as prescribed by law and the Charter of the Vietnam Bar Federation.

5. Within sixty days from receiving the notification document about the refusal to approve the election results and the Congress Resolution, the National Council of Lawyers must organize another Congress to conduct the elections and pass, amend the Resolution in accordance with the provisions of law and the Charter of the Vietnam Bar Federation. In case the National Council of Lawyers fails to organize another Congress within the specified time limit, the Ministry of Justice will take the lead and coordinate with the Ministry of Home Affairs to report to the Prime Minister for consideration and decision regarding the dissolution of the Vietnam Bar Federation.

6. In cases where a Congress is organized to dismiss and elect new or substitute, supplementary leadership positions of the Vietnam Bar Federation, within ten working days from the end of the Congress, the Standing Board of the Vietnam Bar Federation must send the Ministry of Justice a report on the results of the Congress. The approval of the Congress results will be carried out according to the provisions of this Article.

Article 23. Reporting System for Regulations, Decisions, Resolutions of the Vietnam Bar Federation

1. Annually, the Vietnam Bar Federation shall be responsible for submitting to the Ministry of Justice a report on the organizational and operational situation of lawyers and bar associations nationwide and the Vietnam Bar Federation. The report covers the period from October 1 of the previous year to September 30 of the current year and must be submitted before November 15 each year.

In addition to the annual reporting, the Vietnam Bar Federation shall submit reports upon request of the Ministry of Justice.

2. Within seven working days from the date of issuance of regulations, decisions, or adoption of resolutions by the Vietnam Bar Federation, the Executive Board of the Federation shall be responsible for submitting these regulations, decisions, or resolutions to the Ministry of Justice.

Article 24. Request for Amendment or Revocation of Regulations, Decisions, Resolutions of the Vietnam Bar Federation

In cases where it is discovered that regulations, decisions, or resolutions of the Vietnam Bar Federation contravene laws related to lawyers, the Ministry of Justice has the authority to suspend their implementation and request amendments to part or revocation of the entire regulation, decision, or resolution of the Vietnam Bar Federation.

Article 25. Dismissal of the National Lawyers Council and Chairman of the Vietnam Bar Federation

1. The National Lawyers Council and Chairman of the Vietnam Bar Federation shall be dismissed if they fall under any of the following circumstances:

a) Seriously violating the provisions of the Charter of the Vietnam Bar Federation in performing their duties, powers, and responsibilities; harming the interests of the Vietnam Bar Federation;

b) Engaging in prohibited acts as stipulated in Article 5 of this Decree or serious violations of other laws;

c) Losing the trust of at least half of the bar associations;

d) Being subject to disciplinary action in the form of temporary suspension of membership status or removal from the list of lawyers of the Bar Association;

đ) Having their lawyer practice certificate revoked;

e) Being convicted and the judgment having become legally effective;

2. In cases where the National Lawyers Council falls under any of the circumstances specified in point a, b, and c of Clause 1 of this Article or the Chairman of the Vietnam Bar Federation falls under any of the circumstances specified in Clause 1 of this Article, the Minister of Justice shall take the lead and coordinate with the Minister of Home Affairs to propose the Prime Minister issue a decision suspending the activities of the National Lawyers Council or suspending the position of Chairman of the Vietnam Bar Federation and requesting the Vietnam Bar Federation to organize an extraordinary congress to elect new leadership positions.

3. The person dismissed has the right to appeal or file a lawsuit with the Administrative Court according to the law.

Article 26. Removal of Leadership Positions of the Vietnam Bar Federation

1. Leadership positions of the Vietnam Bar Federation shall be removed in the following cases:

3. In addition to the provisions of Clause 1 and Clause 2 of this Article, forensic examiners in the fields of technology, equipment, machinery, atomic energy, and industrial property (for objects such as inventions, integrated circuit layout designs) must have a bachelor's degree or higher in the following majors:

b) Requesting to withdraw from the leadership position;

c) Due to health reasons or other reasons that prevent the performance of duties.

2. The removal of leadership positions of the Vietnam Bar Federation shall be carried out in accordance with the provisions of the Charter.

Article 27. Dissolution of the Vietnam Bar Federation

1. The Vietnam Bar Federation shall be dissolved in the following cases:

a) Exceeding six months from the end of the term without organizing a Congress;

b) Not reorganizing the Congress as stipulated in Clause 5, Article 22 of this Decree;

c) Activities of the Vietnam Bar Federation seriously violate the law, the Charter of the Federation, causing adverse effects on national security, public order, social safety, infringing upon the interests of the State, public interest, legitimate rights and interests of agencies, organizations, and individuals.

2. In cases where the Vietnam Bar Federation is dissolved as provided for in Clause 1 of this Article, the Prime Minister shall issue a decision to dissolve the Vietnam Bar Federation and decide on the establishment of the Vietnam Bar Federation again.

Chapter IV

STATE MANAGEMENT OF PROFESSIONAL ORGANIZATIONS OF LAWYERS

Article 28. Tasks and Authorities of the Ministry of Justice in Managing State Administration over Bar Associations

The Ministry of Justice is responsible before the Government for managing state administration over bar associations and has the following tasks and authorities:

1. Drafting, submitting to competent state agencies for issuance or issuing and guiding, within its authority, legal normative documents on bar associations.

2. Approving the results of the Congress of the Vietnam Bar Federation after obtaining the opinion of the Ministry of Home Affairs; approving the Charter of the Vietnam Bar Federation after reaching agreement with the Minister of Home Affairs.

3. Taking the lead and coordinating with the Ministry of Home Affairs to examine and provide opinions on the project for organizing the Congress term and the plan for building leadership positions of the Vietnam Bar Federation for the new term.

4. Inspecting and auditing the compliance with laws by bar associations; inspecting the implementation of the Charter of bar associations.

5. Handling violations of laws concerning bar associations; resolving complaints and denunciations regarding the organization and activities of bar associations.

6. Managing state administration over international cooperation activities of bar associations.

7. Suspending the enforcement and requiring amendments to provisions, decisions, and resolutions of the Vietnam Bar Federation that contravene the laws on lawyers.

Article 29. Tasks and Authorities of Provincial People's Committees in Managing State Administration over Bar Associations

1. Provincial People's Committees manage state administration over bar associations at the local level and have the following tasks and authorities:

a) Permitting the establishment of Bar Associations, deciding on the dissolution of Bar Associations after reaching agreement with the Minister of Justice;

b) Approving the results of the Congress of Bar Associations; approving the Charter of Bar Associations;

c) Inspecting and auditing the compliance with laws concerning bar associations; inspecting the implementation of the Charter of bar associations at the local level within their authority;

d) Handling violations of laws concerning bar associations; resolving complaints and denunciations regarding the organization and activities of bar associations at the local level within their authority;

đ) Managing state administration over international cooperation activities of bar associations at the local level within their authority;

e) Suspending the enforcement and requiring amendments to provisions, decisions, and resolutions of Bar Associations that contravene the laws on lawyers.

2. Departments of Justice assist Provincial People's Committees in managing state administration over bar associations at the local level and have the following tasks and authorities:

a) Taking the lead and coordinating with Departments of Home Affairs to review applications, submitting to Provincial People's Committees for decisions to permit the establishment of Bar Associations; deciding on the dissolution of Bar Associations;

b) Taking the lead and coordinating with Departments of Home Affairs to review applications, submitting to Provincial People's Committees for approval of the Charter of Bar Associations; taking the lead and coordinating with Departments of Home Affairs to examine and submit to Provincial People's Committees for approval of the results of the Congress of Bar Associations;

c) Taking the lead and coordinating with Departments of Home Affairs to review and submit to Provincial People's Committees for examination and provision of opinions on the project for organizing the Congress term and the plan for building the Executive Board and Disciplinary Committee for the new term;

d) Implementing inspections and audits of compliance with laws concerning bar associations; inspecting the implementation of the Charter of bar associations at the local level; resolving complaints and denunciations regarding the organization and activities of Bar Associations upon delegation from the Minister of Justice or the Chairman of the Provincial People's Committee.

Chapter V

IMPLEMENTING PROVISIONS

Article 30. Effective Date

This Decree takes effect fifteen days after its publication in the Official Gazette.

Article 12, Article 13 of Chapter IV of Decree No. 28/2007/NĐ-CP dated February 26, 2007 of the Government detailing and guiding the implementation of certain provisions of the Lawyers Law shall cease to be effective from the date this Decree takes effect.

Article 31. Responsibility for Implementing the Decree

The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under the direct jurisdiction of the central government shall be responsible for implementing this Decree.

The Minister of Justice shall be responsible for guiding the implementation of this Decree./.