What documents should a lawyer prepare to become an independent lawyer in Vietnam?
What is an independent lawyer in Vietnam?
Pursuant to Article 49 of the Law on Lawyers 2006 (amended by Clause 19, Article 1 of the Law amending and supplementing a number of articles of the Law on Lawyers 2012) stipulates as follows:
Article 49. Independent lawyers
1. An independent lawyer is a lawyer working under a labor contract for an organization that does not practice law.
2. The independent lawyer must buy professional liability insurance as prescribed by the laws on insurance business if it is agreed in the labor contract.
3. An independent lawyer must not provide legal services for other organizations and individuals than the organization with which he or she has signed the labor contract, except for the participation in criminal proceedings requested by the presiding agencies, and provide legal supports under the assignment from the bar association of which he or she is a member.”
Thus, an independent lawyer is a lawyer working under a labor contract for an organization that does not practice law.
What documents should a lawyer prepare to become an independent lawyer in Vietnam?
What documents should a lawyer prepare to become an independent lawyer in Vietnam?
Pursuant to Article 50 of the Law on Lawyers 2006 (amended by Clause 20, Article 1 of the Law amending and supplementing a number of articles of the Law on Lawyers 2012) stipulates as follows:
Registering the practice of independent lawyers
1. An independent lawyer shall register his or her practice at the Service of Justice in the same locality with the bar association of which he or she is a member.
An independent lawyer shall register submit the application for practicing law in accordance with the form provided by the Ministry of Justice, enclosed with the dossier, to the Service of Justice.
The dossier includes:
a) A copy of the lawyer practicing certificate, a copy of the lawyer’s card;
b) A copy of the labor contract signed with the organization.
2. Within 07 working days from receiving the complete dossier, the Service of Justice shall issue the certificate of lawyer registration; the refusal must be notified and explained in writing. The refused person is entitled to lodge complaints as prescribed by laws on proceedings.
3. The lawyer is entitled to practice law independently as from the date of issue of the certificate of lawyer registration. Within 07 working days as from the date of issue of the certificate of lawyer registration, the independent lawyer must send a written notification enclosed with a copy of the certificate of lawyer registration to the bar association of which he or she is a member.
4. The lawyer that moves to another bar association must notify the Service of Justice where he or she applied the practice, submit the certificate of lawyer registration issued, and carry out the procedure for practice registration at the Service of Justice in the same locality with the bar association to which he or she moves. the registration procedure is specified in Clause 1, 2 and 3 this Article.
When the lawyer stops practicing, the Service of Justice shall revoke the certificate of lawyer registration.”
Accordingly, a lawyer needs to prepare a dossier including the following documents to register to practice as an individual lawyer:
- A copy of the lawyer practicing certificate,
- A copy of the lawyer’s card;
- A copy of the labor contract signed with the organization.
How to apply for a law practice certificate in Vietnam?
Pursuant to Article 17 of the Law on Lawyers 2006 (amended by Clause 8, Article 1 of the Law amending and supplementing a number of articles of the Law on Lawyers 2012) as follows:
Issuing the lawyer practicing certificates
1. The person that passes the assessment of the lawyer apprenticeship shall submit a dossier of application for the lawyer practice certificate to the Board of Directors of the bar association.
The dossier includes:
a) The written application for the lawyer practicing certificate in accordance with the form issued by the Ministry of Justice;
b) The judicial résumé;
c) The health certificate;
d) A copy of the bachelor’s degree in law or master’s degree in law;
dd) A copy of the certificate of lawyer apprenticeship assessment.
Within 07 working days as from receiving the complete and valid dossier, the Board of Directors of the bar association shall send the dossier to the Service of Justice, enclosed with the written certification that the applicant for the lawyer practicing certificate is qualified as prescribed in this law.
2. The person exempted from lawyer apprenticeship shall submit a dossier of application for the lawyer practicing certificate to the local Service of Justice.
The dossier includes:
a) The papers prescribed in Point a, b, c and Clause 1 this Article;
b) The papers prescribed in Point d Clause 1 this Article, except for professors, associate professors of laws, and doctors of law;
c) The copy of the document proving the exemption from lawyer apprenticeship prescribed in Clause 1 Article 16 of this Law.
3. 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 to the applicant and the Service of Justice where the dossier of application is submitted.
The refused person may file complaints or lawsuits as prescribed by law.
Thus, the dossier of application for the lawyer practice certificate will include the following documents:
- The written application for the lawyer practicing certificate in accordance with the form issued by the Ministry of Justice;
- 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.
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