What are the criteria of lawyers in Vietnam? How many steps does it take to become a Lawyer?
How many steps does it take to become a lawyer?
Pursuant to the provisions of the 2006 Law on Lawyers in Vietnam, the process of becoming a lawyer will have to go through the following steps:
Step 1: Possess a law bachelor diploma
Step 2: Participate in a lawyer-training course at a lawyer-training establishment. The lawyer-training duration is six months.
Step 3: Complete the lawyer-training program shall be granted a graduation certificate by the concerned lawyer-training establishment.
Step 4: The law practice probation lasts 12 months.
Step 5: Pass law practice-probation tests.
Step 6: Prepare a dossier and send it to the Board of Directors of the Bar Association where the trainee is registered to apply for a law practice certificate.
Thus: It can be seen that the average time to become a lawyer is 06 years, including 04 years as a law student and time to complete courses, practice practice and test as prescribed (02-03 years).
What are the criteria of lawyers in Vietnam? How many steps does it take to become a Lawyer?
What are the criteria of lawyers in Vietnam? What are the conditions to practice as a lawyer?
Pursuant to the provisions of Article 10 of the 2006 Law on Lawyers in Vietnam stipulating the criteria of lawyers as follows:
Criteria of lawyers in Vietnam
Vietnamese citizens who are loyal to the Fatherland, observe the Constitution and law, have good moral qualities, possess a law bachelor diploma, have been trained in legal profession, have gone through the probation of legal profession and have good health for law practice may become lawyers.
Thus, the criteria of lawyers are as follows:
- Vietnamese citizens who are loyal to the Fatherland
- Observe the Constitution and law
- Have good moral qualities
- Possess a law bachelor diploma
- Have been trained in legal profession
- Have gone through the probation of legal profession
- Have good health for law practice.
At the same time, according to the provisions of Article 11 of the 2006 Law on Lawyers in Vietnam, the conditions for law practice are as follows:
Conditions for law practice
A person who meets all the criteria specified in Article 10 of this Law, if wishing to practice law, must possess a law practice certificate and join a bar association.
Thus, in order to practice as a lawyer, the following conditions must be met:
- Vietnamese citizens who are loyal to the Fatherland
- Observe the Constitution and law
- Have good moral qualities
- Possess a law bachelor diploma
- Have been trained in legal profession
- Have gone through the probation of legal profession
- Have good health for law practice
- Possess a law practice certificate
- Join a bar association.
What acts are prohibited for lawyers in Vietnam? What are the principles of law practice?
Pursuant to the provisions of Article 9 of the 2006 Law on Lawyers in Vietnam, as amended by Clause 3, Article 1 of the 2012 Law amending and supplementing a number of articles of the Law on Lawyers, the prohibited acts for lawyers are as follows:
Prohibited acts
1. Lawyers are prohibited to commit the following acts:
a) Providing legal services for clients that have conflicting interests in the same criminal, civil, administrative lawsuit, civil cases, or other cases as prescribed by law (hereinafter referred to as cases);
b) Deliberately providing, or guiding clients to provide, fake exhibits and documents; induce the detainees, suspects, defendants, litigants to provide false information, or induce clients to file illegal complaints, denunciations, or lawsuits;
c) Reveal information about the cases and the clients that they know during their practice, unless such clients concur in writing, or otherwise prescribed by law;
d) Harassing or deceiving clients
dd) Receiving or requesting any amount of money or benefit from clients apart from the agreed amount in the legal service contracts;
e) Cooperate with other presiding officers, litigants, officers, or officials, to violate laws when resolving cases;
g) Misusing the lawyer’s practice to negatively affect the national security and social order, to infringe the interests of the State, the public interests, and the legal interests of other organizations and individuals;
h) Receiving or requesting any amount of money or benefit when giving legal supports to the clients entitled to legal supports by statute; refusing to resolve the cases requested by legal support organizations, by the presiding agencies, except for force majeure as prescribed by law;
i) Insulting or assaulting other organizations and individuals during the proceedings;
k) Committing or helping clients to commit violations of law to delay or obstruct the activities of the presiding agencies and other State agencies.
...
Thus, lawyers will not be allowed to do prohibited jobs according to the above provisions.
At the same time, according to the provisions of Article 5 of the 2006 Law on Lawyers in Vietnam (with the phrase being replaced by Clause 37, Article 1 of the 2012 Law amending and supplementing a number of articles of the Law on Lawyers) stipulating the principles of law practice in Vietnam as follows:
Principles for law practice in Vietnam
1. Observance of the Constitution and law.
2. Observance of the code of ethics and professional manners of Vietnamese lawyers.
3. Independence, honesty and respect for objective truths.
4. Use of lawful measures for the best protection of clients' legitimate rights and interests.
5. Accountability before law for law-practicing activities.
Thus, when practicing, lawyers must comply with the above-mentioned principles.
LawNet
