National Bar Association created

National Bar Association created

National Bar Association created 2008/02/27 Nguyen Dang Viet - Partner - Attorney at Law

Viet Nam is about to establish a National Bar Association in accordance with Prime Minister Nguyen Tan Dung’s Decision 76/2008/QD-TTg of January this year.

The association, which will represent the interests of lawyers and work to raise their professionalism as well as that of legal institutions throughout the country, is scheduled to have its first general meeting in July.
All provincial bar association lawyers will automatically become members.
Roles & Functions
The new National Bar Association will function as a legislator and co-coordinator, unifying the regulations and operations of provincial bar associations in addition to representing the interests of lawyers and ensuring national qualification standards.
The National Bar Association will have the following tasks based on the Law for Lawyers 2006:
1. Represent and protect the rights and interests of lawyers and bar associations throughout the country.
2. Promulgate and ensure compliance with the rules for professional ethics and behaviour.
3. Co-ordinate with the Justice Ministry about rules for legal practice probation, professional training and probation assessment.
4. Arrange regular training programmers for lawyers.
5. Regulate lawyer courtroom attire.
6. Regulate the exemption and reduction of remuneration for lawyers as well as legal aid.
7. Participate in the drafting of laws, research, the provision of legal information and legal education.
8. Undertake international, legal co-operative activities.
These tasks will have the National Bar Association assume many former Justice Ministry duties, specifically the management and regulation of lawyers.
Financial Autonomy
The Government has pledged financial and other support to the operation of National Bar Association. However, the Association has proposed that operating costs should be met mostly from donations and membership fees. Local lawyers have raised concerns about double fees as they already subscribe to their provincial bar associations.
Government Control
The Viet Nam National Bar Association will answer to the Communist Party and Government. The Prime Minister’s Decision explains that as Vietnamese lawyers play very important roles in representing and protecting the interests of individuals and organisations, they are required to have close and frequent contact with the State.
The National Jurist Association
The decision has raised questions about the role of the Viet Nam Jurist Association. The association actively engages with legal practice and law firms.
Governance
The bar association will be governed through general meetings of lawyers and legal representatives that will constitute its supreme body; a national lawyer council that meets between general meetings; a standing committee that acts as an executive and manager as well as other bodies to be decided in accordance with the articles of incorporation.

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