Vietnam: Can a person who has had his/her lawyer practicing certificate revoked due to not joining a bar association be re-issued?
- In what cases are lawyer practicing certificates revoked?
- Can a person who has had his/her lawyer practicing certificate revoked due to not joining a bar association be re-issued?
- What is the application for a lawyer practicing certificate in Vietnam?
- In what cases will a person not be issued with a lawyer practicing certificate?
In what cases are lawyer practicing certificates revoked?
Pursuant to Article 18 of the 2006 Law on Lawyers of Vietnam (amended by Clause 9, Article 1 of the 2012 Law amending and supplementing a number of articles of the Law on Lawyers), the lawyer practicing certificate shall be revoked in one of the following cases:
- No longer being qualified as a lawyer as prescribed in Article 10 of this law;
- 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;
- No longer residing permanently in Vietnam;
- Not joining the Bar association within 2 years as from the date of issue of the lawyer practicing certificate;
- 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;
- Voluntarily stopping practicing as a lawyer;
- Being eliminated from the list of lawyers of a bar association;
- Having the lawyer practicing certificate temporarily revoked, being taken into detoxification centers or educational institutions;
- Being convicted and the sentence has taken effect;
- Being incapable of civil acts.
Vietnam: Can a person who has had his/her lawyer practicing certificate revoked due to not joining a bar association be re-issued?
Can a person who has had his/her lawyer practicing certificate revoked due to not joining a bar association be re-issued?
Pursuant to Article 19 of the 2006 Law on Lawyers of Vietnam (amended by Clause 10, Article 1 of the 2012 Law amending and supplementing a number of articles of the Law on Lawyers) stipulating as follows:
Reissuing the lawyer practicing certificates
1. The person that has had his or her lawyer practicing certificate revoked as prescribed in Point a, b, c, e and k Clause 1 Article 18 of this law shall be considered and reissue with the lawyer practicing certificate when the standards prescribed in this Law are met and the reasons for revoking the certificate are eliminated.
2. The person that has had his or her lawyer practicing certificate revoked as prescribed in Point a, b, c, e and k Clause 1 Article 18 of this law shall be considered and reissue with the lawyer practicing certificate when the standards prescribed in this Law are met and the reasons for revoking the certificate are eliminated.
3. The person that has had his or her lawyer practicing certificate revoked as prescribed in Point g, h and i Clause 1 Article 18 of this law shall be considered and reissue with the lawyer practicing certificate when the requirements prescribed in this Article 10 are satisfied, and in one of the following cases:
a) Within 03 years as from the date of the decision on revoking the lawyer practicing certificate by reason of being eliminated from the list of lawyers of the bar association;
b) The lawyer practicing certificate revocation period has expired, or the decision on taking into detoxification centers or educational institutions is implemented;
c) The criminal records in the cases prescribed in Clause 4 this Article have been erased.
4. The person that has had his or her lawyer practicing certificate revoked by reason of being convicted of a serious an intentional crime, a very serious and intentional crime, a particularly serious and intentional crime shall not be reissued with the lawyer practicing certificate.
Thus, a person whose lawyer practicing certificate has been revoked because he/she has not joined a bar association within two years will be re-issued his/her lawyer practicing certificate upon request for re-issuance of his/her lawyer practicing certificate.
What is the application for a lawyer practicing certificate in Vietnam?
Pursuant to Article 17 of the 2006 Law on Lawyers of Vietnam (amended by Clause 8, Article 1 of the 2012 Law amending and supplementing a number of articles of the Law on Lawyers), the application for a lawyer practicing certificate in Vietnam includes:
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:
- 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.
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:
- 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, except for professors, associate professors of laws, and doctors of law;
- The copy of the document proving the exemption from lawyer apprenticeship.
In what cases will a person not be issued with a lawyer practicing certificate?
Pursuant to Clause 4, Article 17 of the 2006 Law on Lawyers of Vietnam (amended by Clause 8, Article 1 of the 2012 Law amending and supplementing a number of articles of the Law on Lawyers), a person shall not be issued with the lawyer practicing certificate in one of the following cases:
- Not being qualified as a lawyer as prescribed in Article 10 of this law;
- 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;;
- Not residing permanently in Vietnam;
- 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;
- Being liable to administrative actions such as compulsory attendance at detoxification centers or educational institutions;
- Being incapable of civil acts;
- The people prescribed in Point b this c that have been dismissed within 3 years from the decision on dismissal takes effect.
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