What are the regulations on the reissuance of law practicing certificates in Vietnam? What is the application form for reissuance of law practicing certificates in Vietnam?
What are the regulations on the reissuance of law practicing certificates in Vietnam?
According to Article 6 of Circular No. 05/2021/TT-BTP stipulating the re-issuance of law practicing certificates as follows:
- The reissuance of a law practicing certificate shall comply with Article 19 of the 2006 Law on Lawyers of Vietnam. An applicant for reissuance of a law practicing certificate who passes the test for legal traineeship performance shall submit an application for reissuance of a law practicing certificate to the Executive Board of Bar Association as prescribed in Clause 1, Article 17 of the 2006 Law on Lawyers of Vietnam. An applicant for reissuance of a law practicing certificate who is exempt from the legal traineeship shall submit an application for reissuance of a law practicing certificate to the Department of Justice of province where he/she permanently resides as prescribed in Clause 2 Article 17 of the 2006 Law on Lawyers of Vietnam.
- In case the law practicing certificate is lost, torn, burned or changed due to objective causes, the law practicing certificate shall be re-issued.
- The reissuance of a law practicing certificate shall comply with Article 17 of the 2006 Law on Lawyers of Vietnam.
Thus, an applicant for reissuance of a law practicing certificate who passes the test for legal traineeship performance shall submit an application for reissuance of a law practicing certificate to the Executive Board of Bar Association.
In case the law practicing certificate is lost, torn, burned or changed due to objective causes, the law practicing certificate shall be re-issued.
What are the regulations on the reissuance of law practicing certificates in Vietnam? What is the application form for reissuance of law practicing certificates in Vietnam?
What is the application form for reissuance of law practicing certificates in Vietnam?
According to Form TP-LS-01 issued together with Circular No. 05/2021/TT-BTP stipulating the application form for reissuance of law practicing certificates in Vietnam, specifically:
Download Form TP-LS-01: Click here.
In what cases will the law practicing certificate be revoked?
Pursuant to Article 18 of the 2006 Law on Lawyers of Vietnam as amended by Clause 9, Article 1 of the 2012 Law on Amendments to Law on Lawyers, as follows:
Revoking the law practicing certificates
1. The law practicing certificate shall be revoked in one of the following cases:
a) No longer being qualified as a lawyer as prescribed in Article 10 of this law;
b) Being recruited or appointed as an officer, official, professional soldier or commissioned officer, national defense worker in an agency belonging to the army; a commissioned or non-commissioned officer, a worker in an agency belonging to the Police;
c) No longer residing permanently in Vietnam;
d) Not joining a Bar association within 2 years as from the date of issue of the law practicing certificate;
dd) Not establishing, participating in the establishment, or working under a labor contract for a law-practicing organization, or working as an independent lawyer within 03 years as from the day of joining the Bar association;
e) Voluntarily stopping practicing as a lawyer;
g) Being eliminated from the list of lawyers of a bar association;
dd) Having the law practicing certificate temporarily revoked, being taken into detoxification centers or educational institutions;
i) Being convicted and the sentence has taken effect;
k) Being incapable of civil acts;
2. The Minister of Justice is entitled to revoke law practicing certificates, and shall specify the procedure for revoking law practicing certificates. The Decision on revoking the law practicing certificate of the Minister of Justice shall be notified to the Vietnam Bar Federation for revoking the Lawyer’s card.
According to the above provisions, the law practicing certificate shall be revoked in one of the following cases:
- No longer being qualified as a lawyer as prescribed in Article 10 of this law;
- Being recruited or appointed as an officer, official, professional soldier or commissioned officer, national defense worker in an agency belonging to the army; a commissioned or non-commissioned officer, a worker in an agency belonging to the Police;
- No longer residing permanently in Vietnam;
- Not joining a Bar association within 2 years as from the date of issue of the law practicing certificate;
- Not establishing, participating in the establishment, or working under a labor contract for a law-practicing organization, or working as an independent lawyer within 03 years as from the day of joining the Bar association;
- Voluntarily stopping practicing as a lawyer;
- Being eliminated from the list of lawyers of a bar association;
- Having the law practicing certificate temporarily revoked, being taken into detoxification centers or educational institutions;
- Being convicted and the sentence has taken effect;
- Being incapable of civil acts.
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