Decree No. 123/2013/ND-CP of October 14, 2013, detailing a number of articles of and measures to implement the Law on Lawyers

 THE GOVERNMENT

Decree No. 123/2013/ND-CP of October 14, 2013, detailing a number of articles of and measures to implement the Law on Lawyers

THE GOVERNMENT

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

Pursuant to June 29, 2006 Law No. 65/2006/QH11 on Lawyers, which was amended and supplemented under November 20, 2012 Law No. 20/2012/QH13;

At the proposal of the Minister of Justice,

The Government promulgates the Decree detailing a number of articles of and measures to implement the Law on Lawyers.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details a number of articles and measures to implement the Law on Lawyers regarding lawyer training institutions, legal aid of lawyers, lawyers’ obligation to participate in compulsory professional refresher courses, state management of lawyers and law practice, law-practicing organizations, remuneration for lawyers participating in criminal proceedings, lawyers’ socio-professional organizations, and practice of foreign law-practicing organizations and foreign lawyers in Vietnam.

Article 2. Lawyer-training institutions

1. Lawyer-training institutions mentioned in Clause 3, Article 12 of the Law on Lawyers include the JusticeAcademy under the Justice Ministry and those under the Vietnam Bar Federation.

2. The Vietnam Bar Federation may establish lawyer-training institutions when fully meeting the following conditions:

a/ Having a lecturing staff who are lawyers with at least 5 years’ experience of practice and prestigious legal specialists with pedagogical skills;

b/ Having an organizational apparatus suitable to training scope, model and programs;

c/ Having training programs and curricula conformable with the framework lawyer training program promulgated by the Minister of Justice;

d/ Ensuring adequate physical foundations for teaching and learning, meeting research, working and learning requirements of lecturers and trainees.

3. A dossier of request for establishment of a lawyer-training institution under the Vietnam Bar Federation comprises:

a/ A written request for establishment of a lawyer-training institution;

b/ The scheme on establishment of a lawyer-training institution. The scheme has the following major contents: necessity of the establishment, legal status, functions, tasks and objectives of training, scope and model of training, organizational apparatus and lecturing staff, enclosed with a list of expected lecturers and brief information on their experiences and skills, physical foundations suitable to the scope and model of training, plan and schedule for implementation of the scheme, and socio-economic effects of the lawyer-training institution;

c/ The draft charter of the lawyer-training institution.

4. Within 30 days after receiving a valid dossier, the Minister of Justice shall decide on the establishment of a lawyer training institution under the Vietnam Bar Federation. In case of refusal, a written notification must be made clearly stating the reason.

Article 3. Legal aid of lawyers

1. Lawyers are obliged to provide legal aid under Point d, Clause 2, Article 21, and Clause 10, Article 65, and Point dd, Clause 2, Article 67 of the Law on Lawyers. Lawyers may not refuse to perform the legal aid obligation without plausible reasons.

2. The Vietnam Bar Federation shall guide the time, methods and forms of legal aid; forms of disciplining lawyers who breach the legal aid obligation; and annually assess legal aid activities of lawyers and report them to the Ministry of Justice.

Article 4. Lawyers’ obligation to participate in compulsory professional refresher courses

Lawyers are obliged to participate in compulsory professional refresher courses under Point dd, Clause 2, Article 21 of the Law on Lawyers.

The Ministry of Justice shall provide trainees, time, forms and contents of compulsory professional refresher courses, and forms of handling lawyers who breach the obligation to participate in compulsory professional refresher courses.

Article 5. Tasks and powers of provincial-level Justice Departments in the state management of lawyers and law practice

Provincial-level Justice Departments shall assist provincial-level People’s Committees in performing the state management of lawyers and law practice in their localities under Clause 4, Article 83 of the Law on Lawyers, having the following tasks and powers:

1. To appraise dossiers and propose provincial-level People’s Committees to permit the establishment of bar associations and approve results of congress results of bar associations and dissolve bar associations.

2. To assume the prime responsibility for, and coordinate with provincial-level Departments of Home Affairs in, appraising and submitting to provincial-level People’s Committees for consideration and approval schemes on organization of term congresses of bar associations and plans on formation of new-term management boards and commendation and disciplining councils of bar associations.

3. To grant and revoke operation registration certificates of Vietnamese law-practicing organizations and foreign law-practicing organizations in Vietnam.

4. To provide information on operation registration of Vietnamese law-practicing organizations and foreign law-practicing organizations in localities to state agencies, organizations and individuals upon request in accordance with law.

5. To request bar associations to provide information on lawyers’ organization and operations and request law-practicing organizations to report on their organization and operations when necessary.

6.  To periodically report to the Ministry of Justice and provincial-level People’s Committees on Vietnamese lawyers’ organizations and law practice and the organization and operation of foreign law-practicing organizations and lawyers in localities.

7. To advise and propose to provincial-level People’s Committees measures to support the development of law practice in localities.

8. To examine, inspect and settle complaints and denunciations about the organization and operations of bar associations and law-practicing organizations according to their competence or authorization of the Ministry of Justice and chairpersons of provincial-level People’s Committees; and sanction administrative violations committed by lawyers, law-practicing organizations and bar associations according to their competence and in accordance with law.

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