Vietnam: When will the certificate of completion of the overseas lawyer training program be recognized?
Vietnam: When will the certificate of completion of the overseas lawyer training program be recognized?
Pursuant to Clause 1, Article 3, Circular 05/2021/TT-BTP stipulates as follows:
Recognition of overseas law training
1. The certificate of completion of the overseas lawyer training program is recognized in the following cases:
a) The certificate of completion of the overseas lawyer training program which issued by the foreign training institution within the scope of application of the agreement on equivalence of diplomas or mutual recognition of qualifications; or international treaty related to the diploma to which the Socialist Republic of Vietnam has signed;
b) The certificate of completion of the overseas lawyer training program which is issued by the training institution the training program of which has been recognized by the accreditation body of that country, or the training institution that is allowed, by the competent authority of that country, to establish and issue diplomas, certificates of graduation of overseas lawyer training.
2. Those who have completed the lawyer training program abroad and wish to be recognized in Vietnam, must submit their applications online via the Public Service Portal of the Ministry of Justice or via the postal system or in person at the Ministry of Justice. The application includes:
a) Application for recognition of overseas law training;
b) A copy of the certificate of completion of the overseas lawyer training program; or any document proving that he/she falls into one of the cases specified in Clause 1 of this Article;
c) A copy of the performance result of the overseas lawyer training.
The documents specified in Points b and c of this Clause must bear consular authentication in accordance with law and translated into Vietnamese; the Vietnamese translation must be notarized or authenticated in accordance with Vietnamese law.
3. Within 15 days after receiving a duly completed application, the Minister of Justice shall issue a decision on recognition of overseas lawyer training; in case of refusal, it shall provide explanation in writing.
Thus, a foreign lawyer training certificate can be recognized in Vietnam when the above conditions are met.
Vietnam: When will the certificate of completion of the overseas lawyer training program be recognized? (Picture from internet)
What is the proof of exemption from law practice training in Vietnam?
Pursuant to Article 4 of Circular 05/2021/TT-BTP regulating proof of exemption from law practice training in Vietnam, in which:
The proof demonstrating that a person is exempt from lawyer training as prescribed in Article 13 of the Lawyer Law or is exempted or reduced from his/her legal traineeship period as prescribed in Article 16 of the Lawyer Law is one of the following documents:
- A copy of the decision on appointment or re-appointment of a judge, procurator, investigator, or the resolution of the People's Council, the minutes of judge election of the People's Council, for a case where the judge is elected by the People’s Council at the district or province level.
- A copy of the decision to award the title of Professor or Associate Professor of Law or a copy of the doctorate degree in law.
- A copy of the decision on appointment or re-appointment of senior examiner of the court branch, senior examiner of the Procuracy branch, principal examiner of the Court branch, principal examiner of the Procuracy branch or decision on appointment of senior official, senior researcher, senior lecturer, principal official, principal researcher, principal lecturer in the field of law.
- A copy of the hiring decision, the contract to work in the legal field.
- Other lawful documents proving that the person is exempt from lawyer practice training; exemption from or reduction in legal traineeship period.
Vietnam: In case the law practicing certificate is lost, will the law practicing certificate be re-issued?
Pursuant to Clause 2, Article 6 of Circular 05/2021/TT-BTP stipulates as follows:
Reissuance of law practicing certificates
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.
Accordingly, In case the law practicing certificate is lost, the law practicing certificate shall be re-issued.
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