What is the content of the examination of the results of lawyer apprenticeship in Vietnam? What is the dossier for issuing the lawyer practicing certificates?
What is the content of the examination of the results of lawyer apprenticeship in Vietnam?
Pursuant to Clause 1 Article 17 of Circular 10/2021/TT-BTP:
Content and form of the examination of the results of lawyer apprenticeship
1. The content of the examination includes:
a) Skills in participating in litigation;
b) Skills in legal consulting;
c) Skills in representing clients outside of litigation and performing other legal services;
d) Laws on lawyers and the legal profession, the Code of Ethics and Professional Conduct of Vietnamese lawyers;
e) Other skills as prescribed in Article 6 of this Circular.
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Therefore, the content of the examination of the results of lawyer apprenticeship includes:
- Skills in participating in litigation;
- Skills in legal consulting;
- Skills in representing clients outside of litigation and performing other legal services;
- Laws on lawyers and the legal profession, the Code of Ethics and Professional Conduct of Vietnamese lawyers;
- Skills in researching, collecting documents, and proposing solutions for case files;
- Skills in participating in litigation as a defense counsel for the arrested, detained, accused, or defendants, or as a protector of the rights of victims, plaintiffs, defendants, parties with relevant rights and obligations in criminal cases;
- Skills in participating in litigation as a representative or protector of the rights and legitimate interests of plaintiffs, defendants, parties with relevant rights and obligations in civil disputes, marriage and family matters, business, commerce, labor, administration, civil demands, marriage and family matters, business, commerce, labor, and other cases and matters as prescribed by law;
- Skills in legal consulting;
- Skills in representing clients outside of litigation to perform tasks related to the law;
- Skills in performing other legal services.
What is the content of the examination of the results of lawyer apprenticeship in Vietnam? What is the dossier for issuing the lawyer practicing certificates?
What is the dossier for issuing the lawyer practicing certificates in Vietnam?
Pursuant to Article 17 of the Law on Lawyers 2006 (amended by Clause 8, Article 1 of the Law on amending and supplementing a number of articles of the Law on Lawyers 2012), regulations on granting Lawyer practice certificates are as follows:
Issuing the lawyer practicing certificates
1. 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:
a) The written application for the lawyer practicing certificate in accordance with the form issued by the Ministry of Justice;
b) The judicial résumé;
c) The health certificate;
d) A copy of the bachelor’s degree in law or master’s degree in law;
dd) A copy of the certificate of lawyer apprenticeship assessment.
Within 07 working days as from receiving the complete and valid dossier, the Board of Directors of the bar association shall send the dossier to the Service of Justice, enclosed with the written certification that the applicant for the lawyer practicing certificate is qualified as prescribed in this law.
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Thus, 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.
Within 07 working days as from receiving the complete and valid dossier, the Board of Directors of the bar association shall send the dossier to the Service of Justice, enclosed with the written certification that the applicant for the lawyer practicing certificate is qualified as prescribed in this law.
What is the form of the examination of the results of lawyer apprenticeship in Vietnam?
Pursuant to Clause 2 Article 17 of Circular 10/2021/TT-BTP:
Content and form of the examination of the results of lawyer apprenticeship
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2. The form of the examination includes a written examination and a practical examination.
a) The written examination includes two tests:
The first written test on the skills in participating in litigation, legal consulting, representing clients outside of litigation, and performing other legal services. The time for the first written test is 180 minutes.
The second written test on laws on lawyers and the legal profession, the Code of Ethics and Professional Conduct of Vietnamese lawyers. The time for the second written test is 90 minutes.
b) The practical examination:
Candidates present and defend their views on a self-selected case or matter that they have participated in during their apprenticeship and answer questions from members of the Examination Board related to the case or matter.
Therefore, there are 2 forms of examination, including a written examination and a practical examination.
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