What conditions do Vietnamese citizens who want to become a legal consultant meet? What is the dossier of application for a legal counselor card in Vietnam?
What conditions do Vietnamese citizens who want to become a legal consultant meet?
According to Article 19 of Decree No. 77/2008/ND-CP on legal consultants in Vietnam as follows:
Legal consultants in Vietnam
1. Legal consultants must be Vietnamese citizens who permanently reside in Vietnam and fully satisfy the following conditions:
a/ Having the full civil act capacity and good ethical quality, being other than those who are currently examined for penal liability or have been convicted but not yet had their criminal records wiped out:
b/ Possessing a bachelor of law degree;
c/ Having worked in the legal domain for three years or more.
2. Legal consultants are granted legal counselor cards and may practice their profession throughout the country.
Public employees currently working in state administrative agencies, people's courts or people's procuracies will not be granted legal counselor cards.
Thus, based on the above provisions, Legal consultants must be Vietnamese citizens who permanently reside in Vietnam and fully satisfy the following conditions:
- Having the full civil act capacity and good ethical quality, being other than those who are currently examined for penal liability or have been convicted but not yet had their criminal records wiped out:
- Possessing a bachelor of law degree;
- Having worked in the legal domain for three years or more.
What conditions do Vietnamese citizens who want to become a legal consultant meet? What is the dossier of application for a legal counselor card in Vietnam? (Image from the Internet)
What is the dossier of application for a legal counselor card in Vietnam?
Pursuant to Clause 1, Article 20 of Decree No. 77/2008/ND-CP (amended by Clause 2, Article 4 of Decree No. 05/2012/ND-CP) on issuance and revocation of legal counselor cards as follows:
Issuance and revocation of legal counselor cards
1. An applicant for a legal counselor card shall send directly or by post 1 dossier set to the provincial-level Justice Department.
A dossier of application for a legal counselor card comprises:
a/ An application for a legal counselor card;
b/ A copy of the applicant's bachelor degree in law;
c/ Written certification of the applicant's period of working in the law sector.
Within 5 working days after receiving a complete and valid dossier, the provincial-level Justice Department with which the legal counseling center has registered its operation shall grant a legal counselor card to the qualified applicant. In case of refusal, it shall notify in writing the reason.
Thus, based on the above provisions, a dossier of application for a legal counselor card comprises:
- An application for a legal counselor card;
- A copy of the applicant's bachelor degree in law;
- Curriculum vitae;
- Written certification of the applicant's period of working in the law sector.
At the same time, the legal consultant also has the rights and obligations specified in Article 23 of Decree No. 77/2008/ND-CP as follows:
Rights and obligations of persons providing legal consultancy
1. To provide legal consultancy within the operation scope of legal consultancy centers or branches where they work.
2. To be professionally retrained.
3. To enjoy remunerations for providing legal consultancy.
4. To be held responsible for legal consultations they provide.
5. To comply with regulations of managing organizations, the provisions of this Decree and other relevant provisions of laws on lawyers and legal aid.
6. To pay compensations for damage caused by their faults while providing legal consultancy.
Thus, the person providing legal advice also has the rights and obligations specified above.
Which agency has the authority to issue a legal counselor card in Vietnam according to regulations?
According to Article 25 of Decree No. 77/2008/ND-CP stipulating the responsibilities of provincial-level People's Committees for managing legal consultancy activities as follows:
Responsibilities of provincial-level People's Committees for managing legal consultancy activities
1. Provincial-level People's Committees shall examine, inspect, handle violations and settle complaints and denunciations about organization and operation of legal consultancy centers according to their competence; apply measures to support the development of legal consultancy organization and activities in their respective localities.
2. Provincial-level Justice Services shall assist provincial-level People's Committees in performing the management of legal consultancy activities, having the following tasks and powers:
a/ To grant and withdraw operation registration certificates of legal consultancy centers or their branches:
b/ To grant and withdraw legal counselor cards;
c/ To coordinate with managing organizations at the same level in professionally training or retraining persons providing legal consultancy;
d/ To propose to or advise provincial-level People's Committees on measures to support the development of legal consultancy organization and activities in their localities;
e/ To examine, inspect, handle violations and settle complaints and denunciations about legal consultancy organization and activities according to their competence or under authorization by presidents of provincial-level People's Committees;
f/ To send to provincial-level People's Committees and the Justice Ministry annual or extraordinary reports, when so requested, on organization and operation of legal consultancy centers or their branches in their localities.
Thus, according to regulations, provincial-level Justice Services have the competence to issue the legal counselor card.
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