Shall public employees working at public service providers in Vietnam be issued with the lawyer practicing certificates?
Who are public employees in Vietnam?
Pursuant to Article 2 of Law on public employees 2010, Public employees are Vietnamese citizens recruited according to working positions, working in public service providers under working contracts and salaried from salary funds of public service providers in accordance with law.
In which: Public service provider is an organization established under law by a competent state agency, a political organization or a socio-political organization, having the legal person status and providing public services and serving state management work.
Shall public employees working at public service providers in Vietnam be issued with the lawyer practicing certificates? (Image from the Internet)
Shall public employees working at public service providers in Vietnam be issued with the lawyer practicing certificates?
Pursuant to the provisions of Clause 4, Article 17 of the Law on Lawyers 2006, amended by Clause 8, Article 1 of the Law on amending and supplementing Law on Lawyers 2012, as follows:
Issuing the lawyer practicing certificates
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4. A person shall not be issued with the lawyer practicing certificate in one of the following cases:
a) Not being qualified as a lawyer as prescribed in Article 10 of this law;
b) Being an officer, official, professional soldier or commissioned officer, national defense worker in an agency belonging to the army; a commissioned or non-commissioned officer, a worker in an agency belonging to the Police;
c) Not residing permanently in Vietnam;
d) Being liable to criminal prosecution; has been convicted and condemned and criminal record of an unintentional or not serious crime is not expunged; has been convicted of a serious and intentional crime, a very serious and intentional crime, a particularly serious and intentional crime, even the criminal record has been expunged;
dd) Being liable to administrative actions such as compulsory attendance at detoxification centers or educational institutions;
e) Being incapable of civil acts;
g) The people prescribed in Point b this Clause that have been dismissed within 3 years from the decision on dismissal takes effect.
Pursuant to Article 18 of the Law on Lawyers 2006 as amended by Clause 9, Article 1 of the Law on amending and supplementing Law on Lawyers 2012, it is stipulated as follows:
Revoking the lawyer practicing certificates
1. The lawyer practicing certificate shall be revoked in one of the following cases:
a) No longer being qualified as a lawyer as prescribed in Article 10 of this law;
b) Being recruited or appointed as an officer, official, professional soldier or commissioned officer, national defense worker in an agency belonging to the army; a commissioned or non-commissioned officer, a worker in an agency belonging to the Police;
c) No longer residing permanently in Vietnam;
d) Not joining a Bar association within 2 years as from the date of issue of the lawyer practicing certificate;
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Thus, public employees working at public service providers in Vietnam shall not be issued with the lawyer practicing certificate.
At the same time, in case public employees are dismissed, they shall shall not be issued with the lawyer practicing certificates within 3 years from the decision on dismissal takes effect
On the other hand, when a person is recruited as a public officer, his/her lawyer practicing certificates will be revoked.
What are the rights of public employees in Vietnam?
The rights of public employees are specified in Section 1, Chapter II of the Law on public employees 2010, specifically including:
Rights of public employees in professional activities
- To he protected by law when performing professional activities.
- To be trained and retrained in order to raise their political, specialized and professional qualifications.
- To be provided with working equipment and working conditions.
- To be provided with information about their assigned work or tasks.
- To decide on professional matters related to their assigned work or tasks.
- To decline to perform work or tasks that is/are contrary to law.
- Other rights related to professional activities as provided by law.
Rights of public employees to salaries and salary-related regimes
- To be paid with salaries matching working positions, professional titles, managerial posts and results of work or task performance; to enjoy allowances and preferential policies when working in mountainous, border, island, deep-lying, remote and ethnic minority areas and areas with extremely difficult socio-economic conditions or in hazardous and dangerous sectors or occupations or special non-business fields.
- To enjoy overtime and night work pays, working trip allowances and other benefits according to law and regulations of public non-business units.
- To enjoy monetary rewards and be considered for salary raise under law and regulations of public non-business units.
Rights of public employees to rest
- To take annual leaves, holidays and leaves for personal reasons under the labor law. Public employees who do not use any or all of prescribed annual leave days due to work requirements are entitled to a sum of money for those days on which they work.
- Public employees working in mountainous, border, island, deep-lying and remote areas and in other special cases may take leave days of 2 years at a time if they so wish. If wishing to take leave days of 3 years at a time, they shall obtain consent of the heads of their public non-business units.
- For special non-business fields, public employees may take paid leaves as provided by law.
- To lake unpaid leaves for plausible reasons and after obtaining consent of the heads of their public non-business units.
Rights of public employees to do business and work outside prescribed hours
- To carry out professional activities after working hours stated in working contracts, unless otherwise provided for by law.
- To sign with agencies, organizations and units other than their employing public non-business units piecework contracts which are not banned by law, provided that they accomplish their assigned tasks and obtain consent of the heads of their public non-business units.
- To contribute capital to but be disallowed to participate in managing and administering limited liability companies, joint-stock companies, partnerships, cooperatives, and private hospitals, schools or scientific research institutions, unless otherwise provided for by law.
Other rights of public employees
Public employees are entitled to commendation, reward and respect; to participate in economic and social activities: to enjoy incentive housing policies and to be provided with conditions for studying and carrying out professional activities at home and abroad under law. If getting injured or dying while performing assigned work or tasks, they shall be considered for enjoying policies applicable to war invalids or being recognized as fallen heroes under law.
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