Application Form for Issuance of Lawyer Practicing Certificate in Vietnam from May 15, 2024 according to Circular 03
What Is The Latest Application Form for Issuance of Lawyer Practicing Certificate in Vietnam in 2024 According to Circular 03?
Based on point a, clause 3, Article 1 of Circular 03/2024/TT-BTP, from May 15, 2024, the application form for the issuance of a Lawyer Practicing Certificate in Circular 05/2021/TT-BTP will be replaced.
The current application form for the issuance of a Lawyer Practicing Certificate is used according to Form TP-LS-01-sd in the appendix issued together with Circular 03/2024/TT-BTP.
Download the latest application form for the issuance of a Lawyer Practicing Certificate in 2024 according to Circular 03/2024/TT-BTP here.
What Is The Latest Application Form for Issuance of Lawyer Practicing Certificate in Vietnam in 2024 According to Circular 03?
Documents Required for Issuance of Lawyer Practicing Certificate in Vietnam
According to Article 17 of the Law on Lawyers 2006 amended by clause 8, Article 1 of the Law Amending the Law on Lawyers 2012, the issuance of a Lawyer Practicing Certificate is regulated as follows:
Issuance of Lawyer Practicing Certificate
1. A person who meets the requirements for the results of the lawyer apprenticeship test shall submit a dossier requesting the issuance of a Lawyer Practicing Certificate to the Executive Board of the Bar Association.
The dossier includes:
a) Application form for the issuance of a Lawyer Practicing Certificate as prescribed by the Ministry of Justice;
b) Judicial record card;
c) Health certificate;
d) A copy of the Bachelor's degree in law or a Master's degree in law;
dd) A copy of the certificate of results of the lawyer apprenticeship test.
Within seven working days from the date of receipt of a complete and valid dossier, the Executive Board of the Bar Association shall transfer the dossier to the Department of Justice along with a confirmation that the applicant for the Lawyer Practicing Certificate meets the lawyer standards as prescribed by this Law.
2. A person exempted from the lawyer apprenticeship shall submit a dossier requesting the issuance of a Lawyer Practicing Certificate to the Department of Justice where he/she resides.
The dossier includes:
a) The documents specified at points a, b, and c, clause 1 of this Article;
b) The documents specified at point d, clause 1 of this Article, except those who are professors, associate professors in law, or have a doctorate in law;
c) A copy of documents proving the exemption from the lawyer apprenticeship as prescribed in clause 1, Article 16 of this Law.
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The documents required for the issuance of a Lawyer Practicing Certificate currently include the following:
- For persons who meet the requirements of the lawyer apprenticeship test:
+ Application form for the issuance of a Lawyer Practicing Certificate
+ Judicial record card
+ Health certificate
+ A copy of the Bachelor's degree in law or a Master's degree in law
+ A copy of the certificate of results of the lawyer apprenticeship test.
- For persons exempted from the lawyer apprenticeship:
+ Application form for the issuance of a Lawyer Practicing Certificate
+ Judicial record card
+ Health certificate
+ A copy of the Bachelor's degree in law or a Master's degree in law, except those who are professors, associate professors in law, or have a doctorate in law
+ A copy of documents proving the exemption from the lawyer apprenticeship.
Who Issues the Lawyer Practicing Certificate in Vietnam?
According to clause 3, Article 17 of the Law on Lawyers 2006 (amended and supplemented by clause 8, Article 1 of the Law Amending the Law on Lawyers 2012), the provisions are as follows:
Issuance of Lawyer Practicing Certificate
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3. Within seven working days from the date of receipt of a complete and valid dossier, the Department of Justice is responsible for checking the dossier, and if necessary, verifying the legality of the dossier and forwarding the application along with a written request for the issuance of the Lawyer Practicing Certificate to the Ministry of Justice.
Within twenty days from the date of receipt of a complete and valid dossier, the Minister of Justice shall decide on the issuance of the Lawyer Practicing Certificate; in case of refusal, the applicant and the Department of Justice that submitted the application shall be notified in writing with reasons clearly stated.
The person whose application for a Lawyer Practicing Certificate is refused has the right to file a complaint or initiate a lawsuit in accordance with the law.
Thus, according to the above regulations, the authority to decide on the issuance of the Lawyer Practicing Certificate lies with the Minister of Justice.
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