Vietnam: If I have lost my law practicing certificate, can I be issued with a new one?
If I have lost my law practicing certificate, can I be issued with a new one?
Pursuant to Clause 2, Article 6 of Circular No. 05/2021/TT-BTP stipulating as follows:
Reissuance of law practicing certificates in Vietnam
1. The reissuance of a law practicing certificate shall comply with Article 19 of the Lawyer Law. An applicant for reissuance of a law practicing certificate who passes the test for legal traineeship performance shall submit an application for reissuance of a law practicing certificate to the Executive Board of Bar Association as prescribed in Clause 1, Article 17 of the Lawyer Law. An applicant for reissuance of a law practicing certificate who is exempt from the legal traineeship shall submit an application for reissuance of a law practicing certificate to the Department of Justice of province where he/she permanently resides as prescribed in Clause 2 Article 17 of the Lawyer Law.
2. In case the law practicing certificate is lost, torn, burned or changed due to objective causes, the law practicing certificate shall be re-issued.
3. The reissuance of a law practicing certificate shall comply with Article 17 of the Lawyer Law.
According to the above provisions, in case your law practicing certificate is lost, you can request and will be re-issued the law practicing certificate.
Vietnam: If I have lost my law practicing certificate, can I be issued with a new one?
What are the cases in which a lawyer practicing certificate is not issued?
Pursuant to Clause 4, Article 17 of the 2006 Law on Lawyers in Vietnam (amended by Clause 8, Article 1 of the 2012 Law amending and supplementing a number of articles of the Law on Lawyers) stipulating as follows:
Issuing the lawyer practicing certificates in Vietnam
1. The person that passes the assessment of the lawyer apprenticeship shall submit a dossier of application for the lawyer practice certificate to the Board of Directors of the bar association.
The dossier includes:
a) The written application for the lawyer practicing certificate in accordance with the form issued by the Ministry of Justice;
b) The judicial résumé;
c) The health certificate;
d) A copy of the bachelor’s degree in law or master’s degree in law;
dd) A copy of the certificate of lawyer apprenticeship assessment.
Within 07 working days as from receiving the complete and valid dossier, the Board of Directors of the bar association shall send the dossier to the Service of Justice, enclosed with the written certification that the applicant for the lawyer practicing certificate is qualified as prescribed in this law.
2. The person exempted from lawyer apprenticeship shall submit a dossier of application for the lawyer practicing certificate to the local Service of Justice.
The dossier includes:
a) The papers prescribed in Point a, b, c and Clause 1 this Article;
b) The papers prescribed in Point d Clause 1 this Article, except for professors, associate professors of laws, and doctors of law;
c) The copy of the document proving the exemption from lawyer apprenticeship prescribed in Clause 1 Article 16 of this Law.
3. Within 07 working days as from receiving the complete and valid dossier, the Service of Justice shall check the dossier, verify the validity of the dossier if necessary, and send the written request enclosed with the dossier of application for the lawyer practicing certificate to the Ministry of Justice.
Within 20 days as from receiving the complete and valid dossier, the Minister of Justice shall decide the issue of the lawyer practicing certificate; the refusal must be explained and notified in writing to the applicant and the Service of Justice where the dossier of application is submitted.
The refused person may file complaints or lawsuits as prescribed by law.
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 c that have been dismissed within 3 years from the decision on dismissal takes effect.
Thus, according to the above provisions, a person shall not be issued with the lawyer practicing certificate in one of the following cases:
- Not being qualified as a lawyer as prescribed in Article 10 of the 2006 Law on Lawyers in Vietnam;
- 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;;
- Not residing permanently in Vietnam;
- 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;
- Being liable to administrative actions such as compulsory attendance at detoxification centers or educational institutions;
- Being incapable of civil acts;
- The people prescribed in Point b clause 4 Article 17 of the 2006 Law on Lawyers in Vietnam that have been dismissed within 3 years from the decision on dismissal takes effect.
Who is exempt from lawyer training?
In Article 13 of the 2006 Law on Lawyers in Vietnam on persons exempt from lawyer training as follows:
- Those who have been judges, procurators or investigators.
- Professors, associate professors of law; doctors of law.
- Those who have been senior court examiners; senior procuracy inspectors; senior legal experts, researchers or lecturers.
- Those who have been principal court examiners or principal procuracy inspectors; principal legal experts, researchers or lecturers.
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