What disciplinary actions will be taken if a lawyer violates the regulations on guiding legal practice apprenticeship?
What are the conditions for an individual to be allowed to register for a lawyer apprenticeship?
Based on Clause 1, Article 3 of Circular 10/2021/TT-BTP, individuals must meet the following conditions to register for a lawyer apprenticeship:
- Vietnamese citizens loyal to the Fatherland, complying with the Constitution and laws, with good moral character;
- Hold a Bachelor of Laws or Master of Laws degree;
- Possess a certificate of completion of lawyer training in Vietnam or a decision recognizing lawyer training abroad, or documentation proving exemption from lawyer training but being required to undergo a lawyer apprenticeship, such as:
+ Having been a senior investigator in the Court sector;
+ Senior inspector in the Procuracy sector;
+ Senior expert, senior researcher, senior lecturer in the legal field.
Additionally, the registration dossier for apprenticeship includes:
+ Application for registration of lawyer apprenticeship in the form issued with this Circular;
+ Confirmation letter of receiving an apprentice from the law practice organization receiving the apprentice;
+ Copy of Bachelor of Laws or Master of Laws degree;
+ Copy of certificate of completion of lawyer training in Vietnam or a copy of the decision recognizing lawyer training abroad or a copy of documents proving reduced apprenticeship time according to regulations at Clauses 2 and 3, Article 16 of the Law on Lawyers.
- Within 05 working days from the date of receipt of a complete and valid dossier, the Bar Association's Executive Board shall register the apprentice on the list of apprenticeship and issue an apprenticeship certificate to the apprentice following the form issued with this Circular; in case of refusal, a written notification stating the reasons must be provided. The rejected person has the right to appeal according to the provisions of this Circular.
- Within 07 working days from the date of issuing the apprenticeship certificate, the Bar Association's Executive Board shall send a written notice to the law practice organization receiving the apprentice.
Lawyer guiding violates regulations on guiding lawyer apprenticeship, what disciplinary action will be taken?
What are the responsibilities of a lawyer guiding an apprenticeship?
Based on Article 13 of Circular 10/2021/TT-BTP, the responsibilities of a lawyer guiding an apprenticeship are as follows:
- Guide the apprentice according to the apprenticeship content, the execution of the rights and obligations of the apprentice.
- Monitor, inspect, supervise the work performed by the apprentice as assigned, confirm in the apprentice's logbook.
- Comment on the apprenticeship process, clearly stating strengths, limitations in capacity, professional qualifications, practicing skills, legal compliance awareness, organizational discipline awareness, and the implementation of the Vietnamese Lawyers' Code of Ethics and Conduct by the apprentice.
- Be responsible for the apprenticeship process of the apprentice; facilitate the apprentice to complete the apprenticeship period; not obstruct or limit the apprentice's exercise of their rights according to legal provisions; be responsible for the cases/tasks performed by the apprentice under one's assignment and guidance.
- Promptly report to the law practice organization about the apprentice's failure to fulfill their duties, violations of this Circular's provisions, and related legal provisions during the apprenticeship.
- Refuse to guide the apprenticeship in cases specified in Clause 2, Article 8 of this Circular.
- Other responsibilities related to guiding apprenticeships as assigned by the law practice organization, this Circular's provisions, and related legal provisions.
What disciplinary action will be taken if a guiding lawyer violates regulations on guiding lawyer apprenticeship?
Based on Clause 2, Article 33 of Circular 10/2021/TT-BTP, the disciplinary measures for guiding lawyers are as follows:
A guiding lawyer violating the provisions of this Circular shall, depending on the nature and extent of the violation, be subject to one of the disciplinary forms stipulated in Article 85 of the Law on Lawyers 2006 and shall not be allowed to guide apprentices until the end of the disciplinary term according to the Regulations on Complaint and Denunciation Settlement and Disciplinary Handling issued by the Vietnam Bar Federation.
Under what circumstances will the guiding lawyer of an apprenticeship be replaced?
Based on Clause 3, Article 8 of Circular 10/2021/TT-BTP, the guiding lawyer will be replaced under the following circumstances:
- No longer meeting the conditions for guiding a lawyer apprenticeship as prescribed in Clause 1 of this Article;
- Failing to fulfill the obligations of the guiding lawyer as prescribed by this Circular;
- Having their Law Practice Certificate revoked;
- Passed away, or unable to continue guiding the apprenticeship due to health reasons or other objective reasons.
- When changing the guiding lawyer, the law practice organization receiving the apprentice shall assign another lawyer within the organization to continue guiding the apprentice and send a written notice to the Bar Association.
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