Who is not granted a Lawyer Practice Certificate in Vietnam? When is a Lawyer Practice Certificate revoked?
Who is not granted a Lawyer Practice Certificate in Vietnam?
Based on the provisions of Clause 4, Article 17 of the Law on Lawyers 2006 (amended by Clause 8, Article 1 of the Amended Law on Lawyers 2012) regarding cases where a Lawyer Practice Certificate is not granted as follows:
Issuance of Lawyer Practice Certificate
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4. Persons in the following cases are not granted a Lawyer Practice Certificate:
a) Not meeting the lawyer standards specified in Article 10 of this Law;
b) Currently officials and public employees; officers, professional military personnel, and defense workers in agencies or units of the People's Army; officers, non-commissioned officers, and workers in agencies or units of the People's Public Security;
c) Not residing permanently in Vietnam;
d) Being prosecuted for criminal liability; having been convicted and not yet had the criminal record expunged for unintentional crimes or less serious intentional crimes; having been convicted of serious intentional crimes, very serious intentional crimes, especially serious intentional crimes, even if the criminal record has been expunged;
dd) Currently undergoing administrative handling measures, particularly in compulsory detoxification establishments or compulsory educational establishments;
e) Lacking civil act capacity or having limited civil act capacity;
g) Individuals specified in Point b of this clause who have been dismissed from service, less than three years from the effective date of the dismissal decision.
Thus, individuals falling into the above-mentioned cases will not be granted a Lawyer Practice Certificate.
Who is not granted a Lawyer Practice Certificate in Vietnam? When is a Lawyer Practice Certificate revoked?
When is a Lawyer Practice Certificate revoked in Vietnam?
Based on the provisions of Article 18 of the Law on Lawyers 2006 amended by Clause 9, Article 1 of the Amended Law on Lawyers 2012 as follows:
Revocation of Lawyer Practice Certificate
1. Persons who have been granted a Lawyer Practice Certificate and fall into one of the following cases shall have their Lawyer Practice Certificate revoked:
a) No longer meeting the lawyer standards specified in Article 10 of this Law;
b) Recruited or appointed as officials and public employees; officers, professional military personnel, and defense workers in agencies or units of the People's Army; officers, non-commissioned officers, and workers in agencies or units of the People's Public Security;
c) No longer permanently residing in Vietnam;
d) Failing to join any Bar Association within two years from the date of being granted a Lawyer Practice Certificate;
đ) Failing to establish, participate in establishing, or work under a labor contract for a law-practicing organization, or register to practice individually within three years from the date of joining a Bar Association;
e) Terminating law practice at one's own request;
g) Disciplined by being removed from the list of lawyers from the Bar Association;
h) Subject to administrative sanctions by revocation of the Lawyer Practice Certificate for a certain period; subject to administrative handling measures, particularly in compulsory detoxification establishments or compulsory educational establishments;
i) Having been convicted and the judgment has taken legal effect;
k) Lacking civil act capacity or having limited civil act capacity.
Thus, individuals who have been granted a Lawyer Practice Certificate and fall into one of the above cases shall have their Certificate revoked.
What is the examination content for law apprenticeship results in Vietnam?
According to Clause 1, Article 17 of Circular 10/2021/TT-BTP as follows:
Content and form of examination of law apprenticeship results
1. Examination content includes:
a) Litigation skills;
b) Legal consultancy skills;
c) Skills of representing outside of litigation and performing other legal services;
d) Laws on lawyers and practicing as a lawyer, Code of Ethics, and Professional Conduct for Vietnamese Lawyers;
dd) Other skills as prescribed in Article 6 of this Circular.
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Examination content for law apprenticeship results includes:
- Litigation skills;
- Legal consultancy skills;
- Skills of representing outside of litigation and performing other legal services;
- Laws on lawyers and practicing as a lawyer, Code of Ethics, and Professional Conduct for Vietnamese Lawyers;
- Skills in researching, collecting documents, and proposing solutions for case files.
- Litigation skills as a defender for persons in custody, detainees, accused, or as a protector of the rights of victims, civil plaintiffs, civil defendants, or persons with related interests and obligations in criminal cases.
- Litigation skills as a representative or protector of legitimate rights and interests of plaintiffs, defendants, persons with related interests and obligations in civil, family, marriage, commercial, labor, administrative disputes, and other legal cases as stipulated by law.
- Legal consultancy skills.
- Skills in representing clients outside of litigation to handle legal-related matters.
- Skills in performing other legal services.
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