Can a lawyer apprentice in Vietnam represent clients on behalf of the instructing lawyer?
What are the standards for lawyer apprentices in Vietnam?
Under Article 3 of Circular 10/2021/TT-BTP on the standards for registering as a lawyer apprentice, the following conditions must be met:
Lawyer apprentice
1. Individuals who meet the following conditions are eligible for registration as lawyer apprentices:
a) Vietnamese citizens who are loyal to the Fatherland, comply with the Constitution and laws, and possess good moral qualities;
b) Hold a Bachelor's degree or Master's degree in law;
c) Possess a certificate of graduation from lawyer vocational training in Vietnam or a decision recognizing the completion of lawyer vocational training overseas, or documents proving exemption from lawyer vocational training but are required to undergo practical training pursuant to Clause 2, Article 16 of the Law on Lawyers.
2. If a lawyer apprentice is found not to meet the conditions specified in Clause 1 of this Article, the training must be terminated and the time spent in training will not be recognized. If an individual has completed the training period but is later found not to meet the conditions specified in Clause 1 of this Article, the time spent in training will not be recognized.
Thus, to register for a lawyer apprenticeship, one must be a Vietnamese citizen, adhere to the Constitution, possess good morals, be loyal to the country, hold at least a Bachelor's degree in law, complete lawyer vocational training, and have a certificate of graduation from such training in Vietnam.
Can a lawyer apprentice in Vietnam represent clients on behalf of the instructing lawyer?
Can a lawyer apprentice in Vietnam represent clients on behalf of the instructing lawyer?
According to Point c, Clause 1, Article 12 of Circular 10/2021/TT-BTP regarding the rights of lawyer apprentices:
Rights and obligations of apprentices
1. Apprentices have the following rights:
a) Negotiate entering into labor contracts with the lawyer apprenticeship organization;
b) Receive guidance on practical training contents, and on the exercise of rights and obligations of apprentices;
c) Assist the instructing lawyer in performing duties specified in Clause 3, Article 14 of the Law on Lawyers;
d) Be facilitated by the lawyer apprenticeship organization and the instructing lawyer during the training process;
đ) Request to change the instructing lawyer and the training place in the cases specified in this Circular;
e) Register to participate in the assessment of training results;
g) Other rights as agreed with the lawyer apprenticeship organization, as prescribed in this Circular and other applicable legal provisions.
Specifically, according to Clause 3, Article 14 of the Law on Lawyers 2006 (amended by Clause 5, Article 1 of the Law on Amendments toLaw on Lawyers 2012) regarding lawyer apprenticeship:
Lawyer apprenticeship
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3. A lawyer apprentice may assist the instructing lawyer in professional activities but is not authorized to represent, defend, or protect the legitimate rights and interests of clients in court, nor sign legal consultancy documents.
A lawyer apprentice is allowed to accompany the instructing lawyer to meet detainees, suspects, defendants, victims, civil plaintiffs, civil defendants, and those with rights and obligations related to criminal cases, as well as plaintiffs, defendants, and other parties in civil cases and administrative cases, provided that they consent. A lawyer apprentice can assist the instructing lawyer in studying case files, collecting documents, items, and circumstances related to the case, and other professional activities; provide legal consultancy, and represent clients outside litigation and perform other legal services as assigned by the instructing lawyer, with the client's consent.
The instructing lawyer must supervise and be responsible for the activities of the lawyer apprentice as stipulated in this clause.
Thus, a lawyer apprentice is permitted to assist the instructing lawyer in professional activities, but not to represent clients in court, sign legal consultancy documents, or defend or protect clients' legitimate rights and interests in substitute for the instructing lawyer.
On the other hand, a lawyer apprentice may accompany the instructing lawyer to meet detainees, suspects, defendants, victims, civil plaintiffs, civil defendants, and those with rights and obligations related to criminal cases, provided those individuals agree.
Assist the instructing lawyer in studying case files, collecting documents, items, and circumstances related to the case, and other professional activities;
Provide legal advice, out-of-court representation, and other legal services as assigned by the instructing lawyer with the client's consent.
How long is the lawyer apprenticeship period in Vietnam?
According to Clause 1, Article 10 of Circular 10/2021/TT-BTP regarding the lawyer apprenticeship period and extension of the period:
Lawyer apprenticeship period and extension of the period
1. The lawyer apprenticeship period is 12 months from the date of registration by the Executive Board of the Bar Association; for those eligible for a reduction in the training period pursuant to Clause 2, Article 16 of the Law on Lawyers, the training period is 4 months; for those eligible for a reduction pursuant to Clause 3, Article 16 of the Law on Lawyers, the training period is 6 months.
Thus, the lawyer apprenticeship period is 12 months from the date of registration by the Executive Board of the Bar Association.
For those eligible for a reduction in the training period, such as main judicial examiners from the court sector, main inspectors from the prosecutorial sector; senior specialists, senior researchers, and senior lecturers in the legal field, the training period is 4 months.
For those eligible for a reduction in the training period, including those who have worked in legal positions for over ten years, the training period is 6 months.
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