Decision No. 37/2004/QĐ-BNV on the approval of the Charter (amended) of the Vietnam Bar Association

CHARTER

THE VIETNAMESE BAR ASSOCIATION

Foreword

The Vietnamese Bar Association is a political, social, and professional organization, a unified voluntary association of lawyers throughout the country.

The Vietnamese Bar Association is a member of the Vietnam Fatherland Front under the leadership of the Communist Party of Vietnam and the management of the Socialist Republic of Vietnam.

The Vietnamese Bar Association participates in international bar associations with activities consistent with the aims and purposes of the Association.

Chapter 1

AIMS, MISSIONS, DUTIES, AND LIMITATIONS OF THE VIETNAMESE BAR ASSOCIATION

Article 1. Aims and purposes of the Vietnamese Bar Association.

The Vietnamese Bar Association unites and gathers widely Vietnamese lawyers who have been or are currently working in legal affairs within state agencies, political organizations, socio-political organizations, socio-political-professional organizations, socio-professional organizations, social organizations, economic organizations, cultural organizations, educational organizations, people's armed units, voluntarily engaging in the cause of building and defending the homeland, protecting the freedom and democracy of the people, contributing to the development of legal science, building a socialist rule-of-law state for the goal of a wealthy people, a strong country, a fair, democratic, and civilized society.

The Vietnamese Bar Association expands friendly relations and cooperation with bar organizations around the world and other organizations based on the principle of respecting each country's independence, sovereignty, and territorial integrity for the common purpose of peace, cooperation, and development.

Article 2. Emblem of the Vietnamese Bar Association.

The emblem of the Vietnamese Bar Association is a circle with two blue borders, at the top is the image of the red flag with five yellow stars, below which is the inscription "Vietnamese Bar Association"; in the center is the image of the scales of justice placed on an open book with the number 1955 (the year the Vietnamese Bar Association was established); along the curved border are images of two golden rice stalks.

Article 3. Duties and powers of the Vietnamese Bar Association.

The Vietnamese Bar Association has the following duties and powers:

1. Gathering into the Association those individuals who have been or are currently engaged in legal work as stipulated in Article 1 of this Charter, building a strong Association politically, ideologically, organizationally, and professionally.

2. Participating in the drafting of laws, researching legal science, participating in monitoring the implementation of laws; making recommendations to state agencies regarding issues related to lawmaking and law enforcement.

3. Participating in the dissemination, popularization, and education of the law, raising awareness about compliance with the law among members, civil servants, and the public.

4. Providing legal advice and free legal assistance to the poor and policy beneficiaries; establishing legal advisory organizations in accordance with the law.

5. Participating in certain state management activities as prescribed by law.

6. Coordinating activities and fulfilling obligations as a member of the Vietnam Fatherland Front.

7. Participating in political and legal activities serving political, economic, and social tasks, maintaining political security, social order, and safety.

8. Reflecting the aspirations and wishes of the Vietnamese legal community to the Party and State; training, nurturing, and enhancing members' legal knowledge and professional ethics; motivating their spirits and caring for their interests, ensuring that members are closely connected to the Association;

9. Publishing and distributing books, magazines, and legal newspapers to meet the internal and external activity requirements of the Association;

10. Participating in international activities consistent with the aims and purposes of the Association.

11. Mobilizing Vietnamese lawyers residing abroad to contribute to national construction.

Chapter 2

MEMBERS OF THE VIETNAMESE BAR ASSOCIATION

Article 4. Membership criteria

Vietnamese citizens with good moral character, who have been or are currently working in legal affairs within agencies and organizations specified in Article 1 of this Charter for a period of three years or more, and who accept the Charter of the Association may join the Association.

Individuals who have made significant contributions to the Association may be invited to become honorary members or supporting members of the Association.

Article 5. Conditions and Procedures for Joining the Association

A lawyer who meets the criteria stipulated in Article 4 of this Charter wishing to join the Association must submit an application to the local Bar Association Branch, accompanied by a brief curriculum vitae. The local Bar Association Branch will review and recommend to the Executive Board of the higher-level Bar Association to make the decision (for county level, it is decided by the Board of Directors).

An Association member is recognized from the date of signing the decision to admit them.

Article 6. Duties of Members

Members have the following responsibilities:

1. Adhering to national laws, the Charter, Resolutions, and Decisions of the Association.

2. Performing tasks assigned by the Association.

3. Participating in law-making, promoting, disseminating, and educating about the law.

4. Engaging in activities at a local Bar Association Branch and paying membership fees as prescribed by the Central Committee's Board of Directors.

5. Maintaining the Association’s reputation, using the name and membership card only when acting on behalf of the Association.

Article 7. Rights of Members

1. Members have the following rights:

a) Receiving a membership card, nominating or being nominated and elected to leadership positions within the Association.

b) Discussing and voting on issues of the Association at Association meetings.

c) Participating in Association activities.

d) Supervising Association activities, proposing suggestions for improving, developing, and expanding the Association's operations.

đ) Being provided with information about the law, receiving training to enhance legal knowledge and professional skills.

e) Requesting protection of legitimate interests of members and collective bodies from the Association at various levels when they are infringed upon.

f) Being able to change their place of activity due to changes in workplace or residence.

2. Honorary members and supporting members do not participate in nominations, elections, or voting on issues of the Association, but they enjoy other rights specified in Clause 1 of this Article.

3. If a member wishes to leave the Association, they must submit a letter to the Board of Directors of the branch where they are active for consideration and decision.

Chapter 3

ORGANIZATION OF THE VIETNAMESE BAR ASSOCIATION

Article 8. Organization of the Bar Association

The Vietnamese Bar Association is organized from the central level down to the grassroots level, including:

- The Central Association.

- Provincial Associations and Municipal Associations directly under the Central Association (hereinafter referred to collectively as Provincial Associations).

- District Associations, County Associations, Municipal Associations, and Town Associations (hereinafter referred to collectively as County Associations) directly under the Provincial Associations.

- Grassroots Bar Association Branches.

The establishment of Associations at local levels is decided by the Chairman of the People's Committee of that locality according to the provisions of the law.

Article 9. Leadership Bodies of the Bar Association

The highest leadership body of the Vietnamese Bar Association is the National Congress of Lawyers.

At each level of local Bar Associations, the leadership body is the Congress of Representatives or the General Meeting of Members.

Each level's Congress is convened by the Board of Directors of that level.

The Congress can be held when two-thirds of the total number of attending representatives are present.

Between two Congress sessions, the leadership body of the Association is the Board of Directors elected by the Congress.

The Congress may convene extraordinary sessions if at least two-thirds of the Board of Directors' members request it.

Article 10. Election and Recognition of the Board of Directors of the Bar Association

The election of Board of Directors' members at all levels of the Association is conducted through secret ballot.

Lower-level Boards of Directors must be recognized by the Executive Board or the higher-level Board of Directors.

All levels of Boards of Directors have the right to elect additional Board of Directors' members.

Chapter 4

LEADERSHIP BODIES OF THE ASSOCIATION AT THE CENTRAL LEVEL

Article 11. National Congress of Lawyers

The National Congress of Lawyers is convened every five years by the Central Board of Directors of the Association.

Article 12. Tasks of the National Congress of Lawyers

1. The National Congress of Lawyers has the following tasks:

a) Discussing the report of the Central Board of Directors of the Association on the results of implementing resolutions during the previous term, deciding the direction of the Association's activities for the next term;

b) Deciding on the supplementation, amendment, and approval of the Charter of the Association;

c) Electing members of the Central Board of Directors of the Association in the number determined by the Congress.

2. Resolutions of the National Congress of Lawyers must be approved by more than half of the total number of attending representatives.

Article 13. Tasks and Authorities of the Central Board of Directors of the Association

1. The Central Board of Directors of the Association has the following tasks and authorities:

a) Deciding on policies and measures to implement Congress resolutions, deciding the annual program of the Association's activities;

b) Deciding the number of members of the Central Executive Board; electing, dismissing the President, Vice Presidents, members of the Central Executive Board; electing supplementary members of the Board of Directors and the Central Executive Board; dismissing members of the Central Board of Directors of the Association;

c) Deciding on the convening of the National Congress of Lawyers.

d) Establishing principles and regulations for managing and utilizing the Association's financial resources; deciding on membership fees.

2. The Central Board of Directors of the Association meets regularly at least once a year as convened by the Central Executive Board. The meeting is valid when at least two-thirds of the Board of Directors' members are present. The Central Board of Directors may meet exceptionally when at least two-thirds of the Central Executive Board's members or one-third of the Central Board of Directors' members request it.

3. Resolutions of the Central Board of Directors of the Association must be approved by more than half of the attending members.

Article 14. Central Standing Committee of the Association

1. The Central Executive Board is elected by the Central Board of Directors of the Association to manage the Association's affairs between two meetings of the Central Board of Directors.

2. The Central Executive Board appoints a Standing Executive Board consisting of the President, Vice Presidents, and General Secretary to manage the Association's regular activities.

3. The Central Executive Board meets quarterly, and may meet exceptionally if necessary. The meeting is valid when at least two-thirds of the Executive Board's members are present. Decisions of the Central Executive Board must be approved by more than half of the attending members.

Article 15. Tasks and Authorities of the Central Executive Board of the Association

The Central Executive Board of the Association has the following tasks and authorities:

1. Directing and supervising the activities of the Association and its affiliated organizations regarding the implementation of the National Congress resolutions, resolutions, and decisions of the Central Board of Directors of the Association.

2. Assign members of the Standing Committee to oversee each field of activity of the Association, appoint Deputy Secretaries General, establish or dissolve central organs of the Association including the Office, Organizing Board, International Relations Board, Legal Research Board, Propaganda, Dissemination, and Legal Education Board, Inspection Board, and establish other specialized boards when deemed necessary.

3. Define the functions and responsibilities of the Office, Boards, and specialized units.

4. Examine and decide on the admission of members of affiliated branch associations under the Central Association.

5. Approve the recognition of newly established provincial Bar Associations, their Executive Committees, and those of affiliated branches.

6. Approve the recognition or dissolution of affiliated branch associations under the Central Association.

7. Decide and direct the publication of books, magazines, newspapers, and other publications of the Association.

8. Supervise the implementation of regulations by organizations established by the Central Association.

9. Review and decide on awards and disciplinary actions.

Article 16. President and Vice Presidents of the Association:

1. The President and Vice Presidents of the Vietnam Bar Association are responsible for managing the Association's activities. These positions operate on a full-time or part-time basis.

2. The Chairman has the following powers and responsibilities:

a) Represent the Association before the law.

b) Manage the financial accounts and assets of the Association.

c) Implement resolutions of the Congress, the General Meeting, and the Executive Committee.

d) Convene and chair meetings of the Executive Committee.

đ) Sign decisions on the appointment and dismissal of personnel under the Association based on resolutions of the Executive Committee or the Standing Committee.

e) Be accountable to the Executive Committee and all members of the Association for its activities.

f) Approve the establishment of subordinate organizations of the Association upon recommendation of the Secretary General.

3. The Vice Presidents assist the President in management and oversight of certain activities of the Association; they are directly assigned to manage specific tasks of the Association by the President; they are authorized to manage the work of the Executive Committee in the absence of the President.

Article 17. Secretary General of the Association:

The Secretary General, elected by the Executive Board, shall have the following duties and powers:

- Represents the Association in daily transactions.

- Organizes and manages daily activities of the Association's Office.

- Manages the Association's transaction files and documents.

- Develops operational regulations of the Office, financial management regulations, and asset management regulations of the Association for approval by the Executive Board.

- Regularly reports to the Executive Board on the activities of the Association.

- Prepares annual reports and term reports of the Executive Committee.

- Manage lists, files, and documents related to members and affiliated organizations.

- Being responsible before the Executive Board and under the law for the activities of the Association's Office.

To assist the Secretary General in carrying out some of these tasks, there may be Deputy Secretaries General.

Article 18. Affiliated Organizations and Units:

The Association may establish legal entities for research, application, services, consulting, etc. The establishment of such units must comply with legal provisions.

Chapter 5

LEADING ORGAN OF LOCAL BAR ASSOCIATIONS AND BRANCH ASSOCIATIONS AT THE BASE LEVEL

Article 19. Leading organ of provincial and district-level Bar Associations.

The Provincial Bar Association Congress or the General Meeting of Members or the District Bar Association Congress is the leading organ at the local level, convened every five years by the Executive Committee of the same level.

Article 20. Tasks of the Provincial and District Bar Association Congresses.

The Provincial and District Bar Association Congresses have the following tasks:

1. Discuss documents from the Executive Committee above.

2. Evaluate the results of implementing the previous term's resolutions, decide on tasks for the next term.

3. Elect members of the Executive Committee in the number decided by the Congress.

4. Elect representatives to attend higher-level Congresses (if applicable).

Article 21. Tasks and powers of the Executive Committee of the Provincial Bar Association.

1. The Executive Committee of the Provincial Bar Association has the following tasks and powers:

a) Decide on the number of members of the Standing Committee of the Provincial Bar Association; elect, dismiss the President, Vice Presidents, and members of the Standing Committee; elect additional members of the Executive Committee and the Standing Committee; propose the dismissal of members of the Executive Committee of the Provincial Bar Association.

b) Establish specialized boards of the Provincial Bar Association (each board is headed by a member of the Standing Committee).

c) Develop plans and programs of activities to implement the resolutions of the National Congress of Lawyers, the resolutions of the Central Executive Committee and the Central Standing Committee, and the resolutions of the Provincial Congress of Lawyers.

d) Dissolve branch associations at the base level and specialized boards of the Provincial Bar Association.

2. The Executive Committee of the Provincial Bar Association meets quarterly and can convene extraordinary meetings.

Article 22. Tasks and powers of the Standing Committee of the Provincial Bar Association.

1. The Standing Committee of the Provincial Bar Association has the following tasks and powers:

c) Appoint a Standing Board consisting of the President, Vice Presidents, and secretaries to manage the regular activities of the Provincial Bar Association.

b) Develop monthly and quarterly activity plans and programs for the Provincial Bar Association; assign duties to members of the Executive Committee of the Provincial Bar Association; guide and monitor the implementation of resolutions of the Executive Committee of the Provincial Bar Association.

c) Approve the establishment of organizations and admit members under its direct management.

d) Award and propose awards for outstanding achievements of organizations and lawyer members in the locality.

đ) Decide on the dissolution of branch associations under the Provincial Bar Association, handle disciplinary actions against branch associations or members of branch associations who violate laws or the Charter.

e) Report on the organization and activities of the Association regularly (quarterly, semi-annually, annually) to the Central Association and related local authorities and organizations.

2) The Standing Committee of the Provincial Bar Association meets quarterly and can convene extraordinary meetings.

Article 23. Tasks and powers of the Executive Committee of the District Bar Association.

1. The Executive Committee of the District Bar Association has the following tasks and powers:

a) Elect the President, Vice Presidents, and Standing Board members to manage regular activities between sessions of the Executive Committee of the District Bar Association; elect additional members of the Executive Committee; review and propose the dismissal of the President, Vice Presidents, Standing Board members, and members of the Executive Committee of the District Bar Association.

b) Implement resolutions of higher-level Congresses, resolutions, and decisions of higher-level Executive Committees; implement its own Congress resolutions.

c) Guide and inspect the activities of affiliated branch associations.

d) Award and propose higher-level associations to award organizations and lawyer members in the locality for outstanding achievements.

đ) Decision to recognize the Branch of Lawyers; handle disciplinary actions against the Branch of Lawyers or members of the Branch of Lawyers who violate laws and the Charter of the Association.

e) Regularly report on the organization and activities of the Association at the local level to the Provincial Bar Association and relevant agencies and organizations.

2. The Executive Board of the County Bar Association convenes regularly every three months and may convene extraordinary meetings.

Article 24. Leadership body of the grassroots Branch of Lawyers

1. The General Assembly of all members or the Representative Assembly of the grassroots Branch of Lawyers is the leadership body of the Branch. The Assembly is convened by the Executive Board of the Branch every two years.

2. The Assembly has the tasks of evaluating the implementation of the Resolution of the previous term, deciding the tasks for the next term, electing the Executive Board of the Branch. The number of Executive Board members is determined by the Assembly depending on the number of members. A Branch with twenty members or more can elect from five to nine members. The Executive Board elects the Branch President, two Vice-Presidents. A Branch with less than twenty members elects the Branch President and one Vice-President.

Article 25. Duties and powers of the Executive Board of the grassroots Branch of Lawyers:

1. The Executive Board of the grassroots Branch of Lawyers has the following duties and powers:

a) Leading members to implement Resolutions and decisions of the higher-level Executive Board, fully performing the tasks and rights of members as stipulated in Article 6 and Article 7 of this Charter:

b) Processing procedures to admit members according to the provisions of Article 5 of this Charter.

c) Paying attention to the legitimate interests of members, visiting and assisting members.

d) Awarding and proposing awards for members with achievements; proposing disciplinary actions against members who violate laws and the Charter of the Association: considering and deciding on requests from members to leave the Association.

e) Reporting monthly on organizational and operational situations to the higher-level Executive Board.

2. The Executive Board of the grassroots Branch of Lawyers meets once every two months and may convene extraordinary meetings.

Chapter 6

FINANCIAL ASPECTS OF THE VIETNAMESE LAWYERS ASSOCIATION

Article 26. Financial matters

1. Sources of financial income of the Association include:

a) Membership fees.

b) State support.

c) Income from the Association's activities.

d) Gifts and sponsorships from individuals and organizations both domestically and internationally.

2. Expenditures of the Association:

Expenditures of the Association must ensure the principles of purposefulness, thrift, effectiveness, compliance with financial regulations, including:

a) Expenses for the operation of the Office, the Executive Board, the Supervisory Board, Conferences, Assemblies, rent for premises, purchase of equipment.

b) Expenses for information dissemination, propaganda, journalism, publishing.

c) Expenses for construction, equipping, repairing infrastructure and working equipment.

d) Salaries and rewards.

đ) Expenses for international relations activities.

e) Other expenditures.

3. Assets of the Association include houses, working facilities, and other assets of the Association.

Article 27. Headquarters, seal, bank account of the Association.

Organizations of the Vietnamese Lawyers Association from central to county levels have their own headquarters, seals, and separate bank accounts. Grassroots Branches of Lawyers have working headquarters when conditions permit.

The headquarters of the Central Vietnamese Lawyers Association is located in Hanoi, the capital city.

Chapter 7

REWARDS AND DISCIPLINE

Article 28. Awards

Members, staff, and organizations of the Association that achieve outstanding results are awarded by the Association and proposed for awards by state agencies and the Vietnam Fatherland Front.

Article 29. Disciplinary Measures

Members who violate laws and the Charter of the Association, affecting the reputation of the Association, will be subject to one of the following disciplinary measures based on the severity of the violation: reprimand, warning, expulsion from the Association.

Disciplinary action against members of the Executive Board at any level is reviewed and proposed by the Executive Board of the Association at that level and referred to the Standing Committee of the higher-level Association for decision (for county level, it is decided by the Executive Board).

Disciplinary action against members of the Central Executive Board of the Association is reviewed and decided by the Central Executive Board of the Association.

Chapter 8

EFFECTIVENESS OF THE CHARTER

Article 30. Effectiveness of the Statutes

This Charter consists of VIII Chapters and 30 Articles. Only the National Congress of Lawyers of the Vietnam Bar Association has the right to amend and supplement the Charter. The amendment and supplementation of the Charter must be approved by at least two-thirds of the attending delegates of the National Congress of Lawyers.

This Charter was adopted at the Tenth National Congress of Lawyers in Hanoi on March 13, 2004.

This Charter shall take effect from the date it is approved by the Ministry of Home Affairs and permitted for circulation in accordance with the provisions of the law./.