What documents are required to prove exemption from lawyer training and exemption or reduction in the apprenticeship period of practicing law?
Who is Exempt from Lawyer Training and Exempted, Reduced from Lawyer Practice Apprenticeship Periods?
According to the provisions of Article 13 of the 2006 Lawyer Law, the following subjects are exempt from lawyer training:
- Already judges, prosecutors, investigators.- Professors, associate professors of law; doctors of law.- Already senior examiners in the Court sector, senior inspectors in the Prosecutor sector; senior specialists, senior researchers, senior lecturers in the field of law.- Already principal examiners in the Court sector, principal inspectors in the Prosecutor sector; principal specialists, principal researchers, principal lecturers in the field of law.
According to the provisions of Article 16 of the 2006 Lawyer Law (amended by Clause 7, Article 1 of the 2012 Amended Lawyer Law), the following subjects are exempted, reduced from the lawyer practice apprenticeship periods:
- Individuals who were senior judges, senior prosecutors, senior investigators, mid-tier investigators, law professors, associate professors, doctors of law, senior examiners in the Court sector, senior inspectors in the Prosecutor sector, senior specialists, senior researchers, senior lecturers in the field of law are exempt from lawyer practice apprenticeships.
- Individuals who were junior investigators, principal examiners in the Court sector, principal inspectors in the Prosecutor sector, principal specialists, principal researchers, principal lecturers in the field of law have two-thirds of the lawyer practice apprenticeship period reduced.
- Individuals who have worked in the ranks of specialists, researchers, lecturers in the field of law, examiners in the Court sector, inspectors in the Prosecutor sector for ten years or more are granted a 50% reduction in the lawyer practice apprenticeship period.
What documents are needed to prove exemption from lawyer training and exemption, reduction from lawyer practice apprenticeship periods?
What Documents are Needed to Prove Exemption from Lawyer Training and Exemption, Reduction from Lawyer Practice Apprenticeship Periods?
According to the provisions of Article 4 of Circular 05/2021/TT-BTP regarding this matter as follows:
Documents proving exemption from lawyer training under Article 13 of the Lawyer Law or exemption, reduction from the lawyer practice apprenticeship period under Article 16 of the Lawyer Law include one of the following documents:
- A copy of the Appointment, Reappointment Decision of the judge, prosecutor, investigator or the Resolution of the People's Council, Minutes of the election of a judge by the People's Council in the case of a judge elected by the district or provincial People's Council.
- A copy of the Decision to grant the title of Professor, Associate Professor of law or a copy of the Doctorate degree in law.
- A copy of the Appointment, Reappointment Decision of the senior examiners in the Court sector, senior inspectors in the Prosecutor sector, principal examiners in the Court sector, principal inspectors in the Prosecutor sector or the Decision to appoint senior specialists, senior researchers, senior lecturers, principal specialists, principal researchers, principal lecturers in the field of law.
- A copy of the Employment Decision, Work Contract in the field of law.
- Other legitimate documents proving the individual is exempt from lawyer training; exempted, reduced from the lawyer practice apprenticeship period.
How is the Lawyer Card Issued?
According to the provisions of Article 20 of the 2006 Lawyer Law (amended and supplemented by Clause 11, Article 1 of the 2012 Amended Lawyer Law) regarding the issuance of the lawyer card as follows:
- Individuals with a Lawyer Practice Certificate submit an application to join the Bar Association to the Bar Association Management Committee.
- Within seven working days from the date of receiving a complete application to join the Bar Association, the Bar Association Management Committee shall review and decide on the admission to the Bar Association.
- Within seven working days from the date of the decision admitting the individual to the Bar Association, the Bar Association Management Committee is responsible for sending a written request to the Vietnam Bar Federation to issue the Lawyer Card for the person admitted. The time limit for issuing the Lawyer Card shall not exceed twenty days from the date of receiving the request from the Bar Association.
The Lawyer Card is valid indefinitely and shall be renewed when the lawyer transfers to another Bar Association or when it is lost, damaged.
- Additionally, within three years from the date of receiving the Lawyer Card, if the lawyer does not work under a labor contract for a law practice organization, does not practice as an individual under a labor contract for an agency, organization, or does not establish, participate in the establishment of a law practice organization in the locality where the Bar Association is headquartered, or does not practice law continuously for five years after receiving the Lawyer Card, the Bar Association Management Committee shall remove the lawyer's name from the list of lawyers and request the Vietnam Bar Federation to revoke the Lawyer Card.
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