Bài viết
Currently, 62 provinces of the country has established union attorney. However, the activities of the union attorneys local nature and not represent the whole world attorney Vietnam relations in the internal and external. External relations at present are dependent on the Ministry of Justice. Meanwhile, the Ministry of Justice should undertake responsibility more important, more Department of Justice is an agency of the state management, process management is not practicing attorney should not represent the voice of world law full professor integrity.
Along with the trend of globalization, we have a attorney to cooperate and work with attorneys and foreign attorneys organizations. However, this activity due to take self-organization has no attorney in the country stands out about an attorney representing Vietnam in the international exchange.
The time has come, to promote stronger and more firmly establish the national attorneys organization, which gather intelligence about attorneys nationwide to integrate with the region and the world, striving to better protect the interests of the enterprises of Vietnam in disputes with foreign countries as well as protect the legitimate interests of attorneys.
1. Legal basis for the birth of the attorneys nationwide.
Article 36 of the Ordinance on Attorney s in 2001 stipulated: “The whole country, national organizations representing attorneys for attorneys to protect rights and legitimate interests of them. The establishment, functions and duties of attorney’s nationwide organization comply with the provisions of the Government.
Addition, the content is essentially the basis for the establishment of the national attorneys also mentioned in the Decree No. 88/2003/ND-CP dated July 30, 2003 regulations on the organization, operation and management of Assembly. These are important legal basis for the formation and development of the organization attorneys nationwide.
However, since the Ordinance on Attorneys effect in 2001 and currently, the draft Law on Attorneys was prepared by the National Assembly to organize the attorneys whole country, not born.
2. Basic directions for the establishment of organized attorneys nationwide.
Name of the organization attorneys nationwide
In my organization should be named the national attorneys association attorney Vietnam because:
- First: Clause 2, Article 2, Decree 88/2003/ND-CP stipulated: “The names are different Union, General Assembly, Federation , Association, Club has legal status and names as prescribed by law (hereinafter referred to as Assembly)”. The name above is consistent with the provisions of current law and reflects the nature of the union of social organizations such as professional attorneys.
- Monday: Currently, the world, an association of attorneys and the global nature of the regional association established as international young attorney, Agreement Assembly attorneys in Asia Pacific, Asian Association attorney … Therefore, the organization named as the national attorneys are consistent with international practice.
Content activities of the organization attorneys nationwide.
Content activities of organizations nationwide, including attorneys; propaganda purposes of the Assembly; representing attorneys in relation to domestic, foreign policy-related functions and tasks of the Assembly; protect the lawful rights and interests of associations and attorneys; organize and coordinate activities between attorneys for the benefit of the general Assembly, the conciliation of disputes within the Assembly; dissemination and knowledge training for attorneys, provides essential information for attorneys in accordance with law; consulting, Reviewer matters within the scope of their efforts at the request of the organization individuals participate comments on legal documents related to the content of associations and activities in accordance with law; recommendations to state agencies having jurisdiction over issues related to the development of the Assembly and Assembly areas of operation; coordination with agencies and organizations concerned to implement the tasks of the Assembly; the Assembly on the basis of fund-raising membership fees of attorneys and other revenues business and service as prescribed by law for the self-funding activities; to receive funding from legal organizations and individuals inside and outside the country as prescribed by law; effect and scope of activities in the country or that province, to join as members of international associations and regions in accordance with the law.
Organization attorneys nationwide.
Organizations attorneys nationwide will include institutions such as congress or all the Congress delegates. Term of the Congress of the Assembly by the Charter provisions, but not exceed five years. Extraordinary congress was convened when at least two thirds of the executive board of commissioners, or at least half the total membership official proposal.
Agency leaders regularly and the highest of the Assembly Council attorneys nationwide including owners of the union attorney. National congress elected attorney Standing Committee of seven people. Standing Committee elected a chairman, a vice president, a secretary general and four commissioners, meeting once a year. Apparatus worked by the Council decision attorneys nationwide. Operational costs of attorneys to contribute, by funding and support from the state and other legal sources of income. Structure of the organization attorneys nationwide to be built in the direction of streamlining, compact. Members of the Standing Committee responsible for specialized activities to achieve effectiveness.
Brands organization attorneys nationwide.
Attorneys nationwide organization operating under the principles and protect the constitution and laws, protection of justice, protection of attorneys; development of legal science; training, advanced practice skills and ethical attorneys practicing attorney; strengthen exchanges between delegations of attorneys nationwide, ensuring the correct practice of law, protect the lawful rights and interests of attorneys in the practice; sum exchange experiences and international cooperation.
Attorney s nationwide organization would become not only the desire of a attorneys but also the desire of the Party, State and people. Therefore, promoting establishment of national organizations are urgent issues.
N.V.H