Standards for Becoming a Lawyer or Judge: Which Process Is Longer?
Who are Lawyers and Judges According to Legal Provisions?
According to the provisions of Article 2 of the Lawyer Law 2006, a Lawyer is defined as a person who meets the criteria and conditions for practicing in accordance with this Law and provides legal services at the request of individuals, agencies, or organizations (collectively referred to as clients).
According to the provisions of Article 65 of the Law on Organization of People's Courts 2014, a Judge is defined as a person who meets the criteria and conditions specified in this Law and is appointed by the President to perform the judicial duties.
Moreover, it can be understood that Lawyers are freelance practitioners and are not required to be public employees or state officials. Lawyers provide legal services upon request by individuals, agencies, or organizations. Judges are appointed in accordance with the law to carry out judicial duties under the jurisdiction of the Court. Judges are state officials.
What are the standards to become a lawyer or judge? Which process is longer, to become a lawyer or a judge?
What Are the Standards to Become a Lawyer or Judge?
According to Article 10 of the Lawyer Law 2006 and Article 67 of the Law on Organization of People's Courts 2014, the standards to become a lawyer and a judge are as follows:
- Standards to Become a Lawyer:
+ Vietnamese citizen loyal to the Fatherland
+ Compliance with the Constitution and laws
+ Good ethical qualities
+ Holding a law bachelor's degree
+ Trained in law practice
+ Completed the internship period for law practice
+ In good health to practice law
- Standards to Become a Judge:
+ Vietnamese citizen loyal to the Fatherland and the Constitution of the Socialist Republic of Vietnam
+ Good ethical qualities
+ Strong political resolve
+ Courageous and determined to uphold justice, integrity, and honesty
+ Holding a law degree or higher
+ Trained in judicial proceedings
+ Possessing practical legal work experience
+ In good health to fulfill assigned duties
Which Process Is Longer, to Become a Lawyer or a Judge?
According to Article 66 of the Law on Organization of People's Courts 2014, judges of the People's Courts are classified as follows:
- Judges of the Supreme People's Court
- Senior Judges
- Intermediate Judges
- Primary Judges
Lawyers are freelance practitioners and not public employees or state officials; therefore, they do not have official ranks.
Below is the process to become a Lawyer and a Judge:
| Lawyer | Judge || --- | --- || Step 1: Hold a law bachelor's degree.
Step 2: Attend a lawyer training course. The training period is 12 months.
Step 3: Complete the lawyer training course and obtain a graduation certificate from the training institution.
Step 4: Complete a 12-month internship in law practice.
Step 5: Pass the exam to assess the results of the internship in law practice.
Step 6: Prepare and submit the application to the Bar Association where the internship was conducted to request the issuance of a law practice certificate. | Step 1: Hold a law bachelor's degree.
Step 2: Pass the entrance exam for the court sector's public officials.
Step 3: Be sent for training as a Court Clerk.
Step 4: Appointed as Court Clerk upon meeting the conditions specified in Decision 1718/QD-TANDTC in 2017.
Step 5: Sent for training in judicial proceedings with the condition of at least 7 years of legal work since the day of being sent for training and meeting other conditions as specified in Article 16 of Decision 636/QD-TANDTC in 2018.
Step 6: Complete the training course in judicial proceedings as specified in Decision 636/QD-TANDTC. The training period is 6 months.
Step 7: Pass the exam to select Primary Judges.
Step 8: Appointed as Primary Judge with an initial term of 5 years. |
Therefore:
- The average time to become a Lawyer is 6 years, including 4 years as a law student and the time required to complete training, internships, and exams (2-3 years).
- The average time to become a Primary Judge is 10 years, including 4 years as a law student, 5 years of legal work experience, and 6 months of judicial proceedings training.
- The average time to become an Intermediate Judge is 15 years, including the time to become a Primary Judge (10 years) and 5 years of work as a Primary Judge.
- The average time to become a Senior Judge is 20 years, including the time to become an Intermediate Judge (15 years) and 5 years of work as an Intermediate Judge.
- The average time to become a Judge of the Supreme People's Court is 25 years from the day of becoming a law student. This includes the time to become a Senior Judge (20 years) and 5 years of work as a Senior Judge.
LawNet
