Master of Law Exemption from Legal Practice Internship: Eligibility Criteria and Duration of Legal Practice Internship
Does a Master of Law get an exemption from a lawyer internship? Which subjects are exempt from a lawyer internship?
Pursuant to the provisions of Article 16 Law on Lawyers 2006 as amended by Clause 7, Article 1 Law on Lawyers (amended) 2012 as follows:
Persons eligible for exemption or reduction of lawyer internship period
1. Persons who have been judges, procurators, senior detectives, intermediate detectives, professors, associate professors in law, doctors of law, senior examiners in the court sector, senior examiners in the procuracy sector, senior specialists, senior researchers, and senior lecturers in the legal field are exempt from the lawyer internship period.
2. Persons who have been entry-level detectives, main examiners in the court sector, main examiners in the procuracy sector, main specialists, main researchers, and main lecturers in the legal field are eligible for a two-thirds reduction in the lawyer internship period.
3. Persons who have worked in the ranks of specialists, researchers, and lecturers in the legal field, examiners in the court sector, and examiners in the procuracy sector for ten years or more are eligible for a half reduction in the lawyer internship period.
Accordingly, only persons with a Ph.D. in Law are eligible for an exemption from a lawyer internship under current regulations. Masters in Law do not meet the conditions for exemption.
However, if a Master of Law falls under one of the other cases mentioned above, they may still be eligible for a reduction or exemption in the lawyer internship period.
Does a Master of Law get an exemption from a lawyer internship? Which subjects are exempt from a lawyer internship? What is the duration of a lawyer internship?
What is the duration of a lawyer internship?
According to the provisions of Article 14 Law on Lawyers 2006 as amended by Clause 5, Article 1 Law on Lawyers (amended) 2012 as follows:
Lawyer internship
1. Holders of a Certificate of Graduation from a lawyer training course and persons specified in Clause 2, Article 16 of this Law shall undergo an internship at a law practice organization.
The internship period for a lawyer is twelve months, except in cases specified in Clauses 2 and 3, Article 16 of this Law. The internship period is counted from the date of internship registration with the Bar Association.
The law practice organization assigns a lawyer to guide the intern. The guiding lawyer must have at least three years of experience and must not be under disciplinary action according to Clause 1, Article 85 of this Law. At the same time, one lawyer shall not guide more than three interns.
2. The internship shall register with the Bar Association in the locality where the law practice organization they intern with is headquartered and shall be issued an Internship Certificate by the Bar Association.
The Bar Association is responsible for supervising the internship.
3. Interns may assist guiding lawyers in professional activities but are not allowed to represent, defend, or protect the rights and legitimate interests of clients at court sessions, and may not sign legal consultancy documents.
Interns may accompany guiding lawyers to meet detainees, defendants, victims, civil plaintiffs, civil defendants, and persons with rights and obligations related to a criminal case, as well as plaintiffs, defendants, and other related parties in civil and administrative cases when agreed upon by these parties; assist guiding lawyers in case file research, collection of materials, objects, evidence related to the case, and other professional activities; provide legal consultancy, non-litigation representation, and other legal services as assigned by guiding lawyers with client consent.
Guiding lawyers shall supervise and be responsible for the activities of interns as specified in this Clause.
4. The Minister of Justice shall provide specific regulations on the lawyer internship.
Therefore, except for two cases of reduced internship periods, the internship duration is twelve months, counted from the date of registration with the Bar Association.
The two cases eligible for a reduced internship period include:
- Persons who have been entry-level detectives, main examiners in the court sector, main examiners in the procuracy sector, main specialists, main researchers, and main lecturers in the legal field are eligible for a two-thirds reduction in the lawyer internship period.
- Persons who have worked in the ranks of specialists, researchers, and lecturers in the legal field, examiners in the court sector, and examiners in the procuracy sector for ten years or more are eligible for a half reduction in the lawyer internship period.
How is the assessment of the lawyer internship outcome regulated?
According to the provisions of Article 15 Law on Lawyers 2006 as amended by Clause 6, Article 1 Law on Lawyers (amended) 2012 as follows:
Assessment of lawyer internship outcome
1. Persons eligible to participate in the assessment of the lawyer internship outcome are those who have completed the internship period as prescribed in Clause 1, Article 14 of this Law. The Executive Committee of the Bar Association shall consider and list those eligible to participate in the assessment and send the list to the Vietnam Bar Federation.
Persons exempt from the lawyer internship as specified in Clause 1, Article 16 of this Law are not required to participate in the assessment of the lawyer internship outcome.
2. The Vietnam Bar Federation organizes the assessment of the lawyer internship outcome.
The assessment of the lawyer internship outcome is conducted by the Lawyer Internship Assessment Council, which includes the President or a Vice President of the Vietnam Bar Federation as Chairman, representatives of the Executive Committees of some Bar Associations, and several member lawyers. The list of Council members is decided by the President of the Vietnam Bar Federation.
Persons meeting the requirements of the lawyer internship outcome assessment are issued a Certificate of Professional Competence by the Assessment Council.
3. The Ministry of Justice shall provide guidelines and supervise the organization of the lawyer internship outcome assessment.
Thus, the assessment of the lawyer internship outcome is carried out in accordance with the provisions above.
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