What conditions must a lawyer apprentice meet? What is included in the application for registration of lawyer apprenticeship in Vietnam?
What conditions must a lawyer apprentice meet?
According to the provisions of Article 3 of Circular 10/2021/TT-BTP of Vietnam on lawyer apprentice in Vietnam as follows:
Lawyer apprentice in Vietnam
1. Persons who satisfy the following conditions may register for lawyer apprenticeship:
a) Vietnamese citizens are loyal to the Fatherland, abide by the Constitution and laws, have good moral qualities;
b) Possess a bachelor's degree in law or a master's degree in law;
c) Possessing a certificate of graduation from law training in Vietnam or a decision on recognition of overseas law training or a document proving that he or she is exempt from law training but is required to have a lawyer apprenticeship as prescribed in Clause 2, Article 16 of the Law on Lawyers.
2. Those who are currently practicing law and are found not to satisfy the conditions specified in Clause 1 of this Article must terminate the probationary period and their probationary period shall not be recognized. Those who have completed the probationary period but are found not to meet the conditions specified in Clause 1 of this Article shall not be recognized for their probationary period.
Thus, a person who meets the following conditions shall be entitled to register as a lawyer to practice law:
- Vietnamese citizens are loyal to the Fatherland, comply with the Constitution and laws, have good moral qualities;
- Possess a Bachelor of Laws or a Master of Laws;
- Having a certificate of graduation from law training in Vietnam or a decision on recognition of overseas law training or a document proving that he or she is exempt from law training but is required to have a lawyer apprenticeship in accordance with the law.
What conditions must a lawyer apprentice meet? What is included in the application for registration of lawyer apprenticeship in Vietnam?
What is included in the application for registration of lawyer apprenticeship in Vietnam?
According to the provisions of Article 5 of Circular 10/2021/TT-BTP of Vietnam on registration of lawyer apprentices as follows:
- An application for registration of a lawyer apprenticeship includes:
+ A written request for registration of lawyer apprenticeship, made according to the form promulgated together with this Circular;
+ A certificate of acceptance of a lawyer apprenticeship internship from a law-practicing organization that accepts the probation;
+ Copy of Bachelor of Laws or copy of Master of Laws;
+ A copy of the certificate of graduation from law training in Vietnam or a copy of the decision on recognition of overseas law training or a copy of the papers proving that the lawyer apprenticeship period is reduced specified in Clauses 2 and 3, Article 16 of the Law on Lawyers.
- Within 05 working days from the date of receipt of complete and valid dossiers, the Bar Association's Board of Directors shall record the name of the apprentice in the list of apprentices of the Bar Association and issue a Certificate of lawyer apprenticeship according to the form promulgated together with this Circular; in case of refusal must notify in writing and clearly state the reason. The rejected person has the right to lodge a complaint under the provisions of this Circular.
Within 07 working days from the date of issuance of the Certificate of Law Practitioner, the Management Board of the Bar Association shall send a written notice to the law-practicing organization accepting the probation.
In which:
The application form for registration of lawyer apprenticeship, made according to the form promulgated together with Circular 10/2021/TT-BTP of Vietnam, issued by the Minister of Justice as follows:
Download the application form for registration of lawyer apprenticeship: here
What are the contents of lawyer apprenticeship in Vietnam?
Pursuant to Article 6 of Circular 10/2021/TT-BTP of Vietnam stipulating the contents to be performed during the lawyer apprenticeship period as follows:
- Law on lawyers and lawyer apprenticeship, Code of ethics and professional conduct for Vietnamese lawyers.
- Research skills, collect documents and propose solutions to case files.
- Skills to participate in legal proceedings as an advocate for the arrested, detained, accused or defendants or as defenders of the interests of victims, civil plaintiffs, civil defendants, persons with related interests and obligations in criminal cases.
- Skills to participate in proceedings as representatives or defenders of legitimate rights and interests of plaintiffs, defendants, persons with related interests and obligations in civil dispute cases, marriage and family, business, commerce, labor, administration, civil claims, marriage and family, business, commerce, labor and other cases and affairs as prescribed by law the law.
- Legal consulting skills.
- Skills to represent outside of legal proceedings for clients to perform law-related work.
- Skills to perform other legal services.
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