How long is the internship period for practicing as a lawyer? Is it permissible to alter the content of documents in the registration file for practicing as a lawyer?
How long is the apprenticeship period for practicing law?
According to Clause 1, Article 14 of the Law on Lawyers 2006 (amended by Clause 5, Article 1 of the Law on Amendments and Supplements to the Law on Lawyers 2012) it is stipulated as follows:
Apprenticeship for practicing law
1. Persons possessing a Certificate of Graduation from the lawyer training program and those specified in Clause 2, Article 16 of this Law are eligible to apprentice at a law practice organization.
The duration of the apprenticeship for practicing law is twelve months, except for cases specified in Clauses 2 and 3, Article 16 of this Law. The apprenticeship period is calculated from the date of registration of the apprenticeship at the Bar Association.
A law practice organization assigns a practicing lawyer to guide apprentices. The guiding lawyer must have at least three years of legal practice experience and must not be under disciplinary action as prescribed in Clause 1, Article 85 of this Law. Simultaneously, a lawyer can guide a maximum of three apprentices.
Thus, the duration of the apprenticeship for practicing law as stipulated is twelve months, except for cases specified in Clauses 2 and 3, Article 16 of this Law.
How long is the apprenticeship period for practicing law? Is it allowed to erase contents in the documents of the application file for apprenticeship for practicing law? (Image from the Internet)
Who is exempted or reduced from the apprenticeship period for practicing law?
According to Article 16 of the Law on Lawyers 2006 (amended by Clause 7, Article 1 of the Law on Amendments and Supplements to the Law on Lawyers 2012) stipulates the exemption and reduction of the apprenticeship period for practicing law as follows:
Persons exempted or reduced from the apprenticeship period for practicing law
1. Persons who have been judges, prosecutors, senior investigators, intermediate investigators, professors, associate professors of law disciplines, doctors of law, senior court examiners, senior procuracy examiners, senior specialists, senior researchers, or senior lecturers in the legal field are exempted from apprenticeship for practicing law.
2. Persons who have been junior investigators, principal court examiners, principal procuracy examiners, principal specialists, principal researchers, or principal lecturers in the legal field are entitled to a two-thirds reduction in the apprenticeship period for practicing law.
3. Persons who have worked in the ranks of specialists, researchers, or lecturers in the legal field, court examiners, or procuracy examiners for ten years or more are entitled to a half reduction in the apprenticeship period for practicing law.
Thus, the subjects who are exempted or reduced from the apprenticeship period for practicing law are as stipulated above.
Is it subject to administrative penalties to erase the contents of documents issued by competent authorities in the application file for an apprenticeship for practicing law?
According to Article 5 of Decree 82/2020/ND-CP it is stipulated as follows:
Violations concerning the application file for an apprenticeship for practicing law; proposals for issuance, re-issuance of a law practice certificate; admission to the Bar Association; proposals for issuance of a lawyer practice registration, a foreign lawyer practice license in Vietnam; proposals for registration of the operation of a law practice organization, a branch of a law practice organization; proposals for the issuance of an establishment license, an operation registration of branches of foreign law practice organizations, foreign law firms, branches of foreign law firms in Vietnam
1. A fine from 3,000,000 VND to 7,000,000 VND for any of the following acts:
a) Erasing, modifying to alter the content of papers, documents issued by authorities, organizations, or authorized individuals in the application file for an apprenticeship for practicing law; admission to the Bar Association; proposals for issuance, re-issuance of a law practice certificate; proposals for issuance of a lawyer practice registration, a foreign lawyer practice license in Vietnam;
b) Erasing, modifying to alter the content of papers, documents issued by authorities, organizations, or authorized individuals in the application file for issuance, re-issuance of the operation registration of a law practice organization, a branch of a law practice organization; the establishment license, an operation registration of branches of foreign law practice organizations, foreign law firms, branches of foreign law firms in Vietnam.
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3. Additional sanctions:
Confiscation of the altered papers, documents for violations stipulated in Clause 1 of this Article.
4. Remedial measures:
a) Proposing authorities, organizations, or authorized individuals to review, handle the issued papers, documents that have been altered or modified contrary to the provisions in Clause 1 of this Article;
b) Forcing the violator to return illegal profits gained from the acts violating the provisions of Clauses 1 and 2 of this Article.
Thus, according to regulations, persons who commit acts of erasing or modifying to alter the content of papers, documents issued by authorities, organizations, or authorized individuals in the application file for an apprenticeship for practicing law may be subject to administrative penalties up to 7,000,000 VND.
Additionally, the violator also has their tampered papers, documents confiscated. Concurrently, authorities, organizations, or authorized individuals will review and handle the issued papers, documents that have been altered or modified, and the violator is forced to return illegal profits gained from the acts violating the provisions of Clause 1 of this Article.
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