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Lawyer Ngo Minh Thanh in his office – Photo: DUY THANH
Mr. Ngo Minh Thanh, Director of the Law Office of Minh Thanh and its associates, members of the Khanh Hoa Bar Association, has just submitted an application to the Ministry of Justice, the Vietnam Bar Federation and the Association of Ho Chi Minh City attorneys to appeal. his unexpected name was removed, the collection of attorney cards and the certificate of legal practice.
Suddenly be “stripped” Lawyer card
Presented with YouthMr. Thanh was upset: “I was very surprised and incredible when I was informed that I was removed from the list of the Ho Chi Minh City Bar Association, while I was never a member of this group.
After deleting the name, the Ho Chi Minh City Bar Association asked the Ministry of Justice and the Vietnam Bar Federation to issue a decision to revoke my lawyer certificate and lawyer card without my knowledge. I also did not receive these decisions. ”
According to Mr. Thanh, from 2007 to 2008, he practiced as a lawyer in a legal office of the Ho Chi Minh City Bar Association. In September 2009, the Ministry of Justice granted him a certificate of legal practice. After that, he returned to Khanh Hoa and made an application to join the provincial bar association.
He has been admitted as a member of the Khanh Hoa Bar Association since January 12-2009 to date.
Suddenly, in April 2020, the Khanh Hoa Bar Association announced that the Minister of Justice had revoked a certificate of lawyer practice for Mr. Thanh. The Vietnam Bar Federation also has the decision to revoke your lawyer card as of April 8, 2019.
However, both Mr. Thanh, the executive board of the Khanh Hoa Bar Association, and the head of the Khanh Hoa Provincial Justice Department said they had not received the original of these decisions.
On April 14, 2020, the Vietnam Bar Association will send to the Khanh Hoa Bar Association only the decisions related to the revocation of Mr. Thanh’s certificate of practice.
Mr. Ngo Minh Thanh’s lawyer card at Khanh Hoa Bar Association – Photo: D.T.
There are names in both Law School?
Lawyer Nguyen Hong Ha, deputy director of the Khanh Hoa Province Bar Association, said the board of directors had a meeting, verified all records and identified Mr. Thanh as a member of the delegation, there was no time to become a member . Ho Chi Minh City Bar Association.
In the practice process, Mr. Thanh has never been disciplined, he always pays full membership fees; Plus, he was rewarded.
Since then, the Khanh Hoa Bar Association has sent a document to the relevant agencies stating that it is not appropriate to remove Mr. Thanh’s name from the Ho Chi Minh City Bar Association. rights and there is no reason to infringe the content.
After receiving Mr. Thanh’s complaint about the aforementioned incident, the Ho Chi Minh City Bar Association reviewed the case file.
According to the report of the Ho Chi Minh City Bar Association to the Ministry of Justice, since 2007 Mr. Thanh has presented a certificate of apprentice registration at the Ho Chi Minh City Bar Association. After that, he was awarded a certificate of practicing law in 18 months.
In 2009, after achieving his test result, Mr. Thanh applied for a certificate of legal practice. On that basis, the Ho Chi Minh City Bar Association established a procedure to request the Ministry of Justice to grant Mr. Thanh a certificate of legal practice.
In September 2009, the Ministry of Justice issued an exercise certificate to 147 lawyers and entered the list of lawyers for the Ho Chi Minh City Bar Association, including Mr. Ngo Minh Thanh.
For 2015, the Ho Chi Minh City Bar Association reviewed the full list of attorneys who had not changed their membership cards and membership fees since 2015 and found that Mr. Thanh and many other attorneys owed fees. The delegation has repeatedly sent notices of Mr. Thanh’s residence address on file in the Binh Thanh district of Ho Chi Minh City. However, the mail was returned by the post office because there was no recipient.
In 2016, the board of directors decided to remove Mr. Thanh from the group for the reason: due to long-standing membership fee, sending an invitation letter and a public announcement but not responding. The decision to remove this name was sent to the Ministry of Justice, Vietnam Bar Federation, and then Mr. Thanh had his certificate of practice revoked as prescribed.
“The fact that Mr. Thanh was an apprentice at the Ho Chi Minh City Bar Association, then asked the Ministry of Justice to issue an exercise certificate for him, delete his name from the union list when the Long-term membership fee debt is in accordance with the regulations of the law.
However, through a review, the Ho Chi Minh City Bar Association discovered that after issuing a card to Mr. Thanh, he refused to receive an attorney card. Upon reviewing members who have been in debt for a long time, the delegation sent reminders to Mr. Thanh’s residence address on file but did not send it to its permanent location, resulting in Mr. Thanh not receiving adjustment in advance. when the name is erased.
This is a flaw of the board of the Ho Chi Minh City Bar Association “- the report of the Ho Chi Minh City Bar Association.”
It is worth mentioning that Mr. Thanh had the name of a member in both bar associations, but before that neither he nor the union nor the Vietnam Bar Association knew it.
To the decision of the Vietnam Bar Federation to revoke Mr. Thanh’s lawyer card with the argument: “Mr. Thanh moved to the Ho Chi Minh City Bar Association, but has not yet performed procedures to change the lawyer card. After that, Mr. Thanh was the executive board of the Ho Chi Minh City Bar Association removed his name from the list of lawyers for not paying the membership fees, “Thanh emphasized , saying that these were “compound” and “not real” reasons.
And the Ho Chi Minh City Bar Association said, “It is very unfortunate that when Thanh found out that he was a member of the Khanh Hoa Province Bar Association, the Vietnam Bar Association should have an opinion with the Ministry of Justice and the Ho Chi Minh City Bar Association. ” HCM on the revocation of the lawyer’s practice certificate “.
In the report sent to the Ministry of Justice and related units, the board of directors of the Ho Chi Minh City Bar Association also learned seriously from the experience and received shortcomings in issuing lawyer cards, managing the list of lawyers who caused inconvenience. complex for the Ministry of Justice, the Vietnam Bar Federation and the profession of Mr. Ngo Minh Thanh.
How to solve it?
Currently, the head of the Khanh Hoa Bar Association is asking the Ho Chi Minh City Bar Association to revoke and cancel the disciplinary decision to remove lawyer Ngo Minh Thanh and at the same time propose the Ministry of Justice and the Vietnam Bar Federation. Nam soon revoked and canceled the content of the decision to revoke her certificate of practice and her attorney card.
However, the Ho Chi Minh City Bar Association thought that deleting Mr. Thanh’s name was correct; The delegation cannot reverse or cancel this decision at the request of the Khanh Hoa Bar Association. Because if this decision is reversed, Mr. Thanh will be on the list at both law schools.
The inclusion of Thanh’s lawyer in the list of Ho Chi Minh City lawyers is virtual, not true according to Thanh’s legal practice.
Talk to Youth, a leader of the Ho Chi Minh City Bar Association said that in solving the case, the Ho Chi Minh City Bar Association was unaware that Mr. Thanh joined the Khanh Hoa Bar Association .
Now, Mr. Thanh has been practicing at the Khanh Hoa Bar Association since 2010, not in the case of revoking the lawyer’s certificate, so the Ho Chi Minh City Bar Association requests the Ministry of Justice to resolve the complaint and cancel the decision. revoke the certificate of attorney practice for Mr. Ngo Minh Thanh.
