Vietnam: Can a holder of law practicing certificate who is no longer qualified as a lawyer have his/her law practicing certificate revoked?
- What are the criteria of lawyers in Vietnam?
- Can a person who is no longer qualified as a lawyer have his/her law practicing certificate revoked?
- Can a person who has had his/her law practicing certificate revoked due to his disqualification as a lawyer be re-issued with a law practicing certificate?
What are the criteria of lawyers in Vietnam?
According to Article 10 of the 2006 Law on Lawyers of Vietnam on the criteria of lawyers as follows:
Criteria of lawyers in Vietnam
Vietnamese citizens who are loyal to the Fatherland, observe the Constitution and law, have good moral qualities, possess a law bachelor diploma, have been trained in legal profession, have gone through the probation of legal profession and have good health for law practice may become lawyers.
Thus, in order to become a lawyer, it is necessary to meet the criteria set out above.
Vietnam: Can a holder of law practicing certificate who is no longer qualified as a lawyer have his/her law practicing certificate revoked? (Image from the Internet)
Can a person who is no longer qualified as a lawyer have his/her law practicing certificate revoked?
According to Article 18 of the 2006 Law on Lawyers of Vietnam (amended and supplemented by Clause 9, Article 1 of the 2012 Law on Amendments to Law on Lawyers on revocation of law practicing certificates as follows:
Revocation of law practicing certificates in Vietnam
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 law practicing certificates, and shall specify the procedure for revoking law 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, according to regulations, a person who has been issued with a law practicing certificate is no longer qualified as a lawyer, his/her law practicing certificate will be revoked.
Can a person who has had his/her law practicing certificate revoked due to his disqualification as a lawyer be re-issued with a law practicing certificate?
According to Article 19 of the 2006 Law on Lawyers of Vietnam (amended and supplemented by Clause 10, Article 1 of the 2012 Law on Amendments to Law on Lawyers) on re-issuance of law practicing certificates as follows:
Reissuing the law practicing certificates in Vietnam
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.
5. The procedures for reissuing law practicing certificates are specified in Article 17 of this Law.
Thus, based on the above provisions, a person whose law practicing certificate has been revoked as specified at Point a, Clause 1, Article 18 of this Law may be considered for reissuance of a law practicing certificate when fully meeting the criteria for lawyers.
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