What is the dossier of application for lawyer practice certificate in Vietnam in 2023? In what cases is the lawyer practice certificate in Vietnam revoked?
What is the dossier of application for lawyer practice certificate in Vietnam in 2023?
Pursuant to the provisions of Article 17 of the 2006 Law on Lawyers in Vietnam as amended by Clause 8, Article 1 of the 2012 Law amending and supplementing a number of articles of the Law on Lawyers, the dossier of application for the lawyer practice certificate on a case-by-case basis is determined as follows:
(1) In case of the person that passes the assessment of the lawyer apprenticeship:
- The written application for the lawyer practicing certificate;
- The judicial résumé;
- The health certificate;
- A copy of the bachelor’s degree in law or master’s degree in law;
- A copy of the certificate of lawyer apprenticeship assessment.
(2) In case of the person exempted from lawyer apprenticeship:
- The written application for the lawyer practicing certificate;
- The judicial résumé;
- The health certificate;
- A copy of the bachelor’s degree in law or master’s degree in law (except for professors, associate professors of laws, and doctors of law);
- The copy of the document proving the exemption from lawyer apprenticeship.
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.
What is the dossier of application for lawyer practice certificate in Vietnam in 2023? In what cases is the lawyer practice certificate in Vietnam revoked?
In what cases is the lawyer practice certificate in Vietnam revoked?
Pursuant to the provisions of Article 18 of the 2006 Law on Lawyers in Vietnam as amended by Clause 9, Article 1 of the 2012 Law amending and supplementing a number of articles of the Law on Lawyers as follows:
Revoking the lawyer practicing certificates
1. The lawyer practicing certificate shall be revoked in one of the following cases:
a) No longer being qualified as a lawyer as prescribed in Article 10 of this law;
b) Being recruited or appointed as 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) No longer residing permanently in Vietnam;
d) Not joining a Bar association within 2 years as from the date of issue of the lawyer practicing certificate;
dd) Not establishing, participating in the establishment, or working under a labor contract for a law-practicing organization, or working as an independent lawyer within 03 years as from the day of joining the Bar association;
e) Voluntarily stopping practicing as a lawyer;
g) Being eliminated from the list of lawyers of a bar association;
dd) Having the lawyer practicing certificate temporarily revoked, being taken into detoxification centers or educational institutions;
i) Being convicted and the sentence has taken effect;
k) Being incapable of civil acts;
2. The Minister of Justice is entitled to revoke lawyer practicing certificates, and shall specify the procedure for revoking lawyer practicing certificates. The Decision on revoking the lawyer practicing certificate of the Minister of Justice shall be notified to the Vietnam Bar Federation for revoking the Lawyer’s card.
Thus, a person who has been issued with a lawyer practice certificate in one of the above cases will have his/her Certificate revoked.
Who is not issued with a lawyer practice certificate in Vietnam?
Pursuant to the provisions of 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) on the cases in which the lawyer practice certificate is not issued as follows:
Issuing the lawyer practicing certificates
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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 Clause that have been dismissed within 3 years from the decision on dismissal takes effect.
Thus, the person in the above cases will not be issued with a lawyer practice certificate.
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