Which cases allow public service provider officers to be granted a Lawyer Practice Certificate?
Who is a public employee?
Based on Article 3 of the Law on Public Employees 2010, a public employee is a Vietnamese citizen who is recruited for a job position, works at a public service provider under labor contract policies, and receives a salary from the public service provider's salary fund in accordance with the law.
In particular: a public service provider is an organization established by a competent state agency, a political organization, or a socio-political organization under the law, having the legal status to provide public services and serve state management.
When are public employees at public service providers granted a practicing lawyer certificate? (Image from the Internet)
When are public employees at public service providers granted a practicing lawyer certificate?
According to Clause 4, Article 17 of the Law on Lawyers 2006, amended by Clause 8, Article 1 of the Amended Law on Lawyers 2012 as follows:
Issuing Practicing Lawyer Certificates
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4. Those who fall into one of the following categories shall not be issued a practicing lawyer certificate:
a) Do not meet the lawyer standards prescribed in Article 10 of this Law;
b) Are officials and public employees; officers, professional soldiers, national defense workers in agencies and units under the People's Army; officers, non-commissioned officers, workers in agencies and units under the People's Police;
c) Are not residing permanently in Vietnam;
d) Are being prosecuted for criminal liability; have been convicted without having their criminal record expunged for unintentional crimes or minor intentional crimes; have been convicted for serious intentional crimes, very serious intentional crimes, especially serious intentional crimes even if their criminal record has been expunged;
e) Are being subjected to administrative measures in compulsory rehabilitation centers, compulsory educational institutions;
g) Those mentioned in point b of this clause who have been dismissed but the three-year term from the effective date of the dismissal decision has not expired.
According to Article 18 of the Law on Lawyers 2006, amended by Clause 9, Article 1 of the Amended Law on Lawyers 2012 stipulates as follows:
Revoking Practicing Lawyer Certificates
1. A person who has been issued a practicing lawyer certificate shall have it revoked if they fall into any of the following cases:
a) No longer meet the lawyer standards prescribed in Article 10 of this Law;
b) Are recruited or appointed as officials and public employees; officers, professional soldiers, national defense workers in agencies and units under the People's Army; officers, non-commissioned officers, workers in agencies and units under the People's Police;
c) No longer reside permanently in Vietnam;
d) Do not join any lawyer association within two years from the date of issuance of the practicing lawyer certificate;
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Accordingly, public employees at public service providers are among those who are not granted a practicing lawyer certificate.
Additionally, a public employee at a public service provider may be granted a practicing lawyer certificate if they have been dismissed and the three-year period from the effective date of the dismissal decision has expired.
Furthermore, when an individual is recruited as a public employee, their practicing lawyer certificate will be revoked.
What rights do public employees have under the law?
The rights of public employees are stipulated in Section 1, Chapter II of the Law on Public Employees 2010, specifically including:
Rights of public employees in their professional activities
- Protected by law in their professional activities.- Trained and improved in their political, professional, and technical skills.- Ensured of equipment and working conditions.- Provided with information related to the work or tasks assigned.- Allowed to decide on professionally relevant issues related to the work or tasks assigned.- Entitled to refuse to perform work or tasks that violate the law.- Enjoy other rights in professional activities as prescribed by law.
Rights of public employees in terms of salary and salary-related policies
- Paid a salary commensurate with the job position, professional title, management role, and performance of the work or tasks assigned; entitled to allowances and preferential policies when working in mountainous, border, island areas, remote areas, ethnic minority areas, areas with particularly difficult socio-economic conditions, or in fields with hazardous, dangerous environments, special academic fields.- Entitled to overtime pay, night work pay, travel expenses, and other policies as prescribed by law and the regulations of the public service provider.- Entitled to bonuses, salary raises as prescribed by law and the regulations of the public service provider.
Rights of public employees regarding rest
- Entitled to annual leave, holidays, personal leave as prescribed by labor law. If due to work requirements, the public employee does not use or uses up all annual leave, they are compensated with a sum for the unused days.- Public employees working in mountainous, border, island areas, or other special cases may accumulate annual leave of 2 years into one if requested; for 3 years' leave accumulation, the approval of the head of the public service provider is required.- Specific academic fields, public employees are entitled to paid leave according to the law.- Entitled to unpaid leave for legitimate reasons with the approval of the head of the public service provider.
Rights of public employees in business activities and work outside of the prescribed hours
- Allowed to engage in professional activities outside the prescribed working hours in the labor contract, unless otherwise stipulated by law.- May enter into contractual services with other agencies, organizations, or units not prohibited by law but must complete the assigned tasks and have the consent of the head of the public service provider.- Allowed to contribute capital but not participate in management or operation of limited liability companies, joint-stock companies, partnerships, cooperatives, private hospitals, private schools, and private research organizations, unless otherwise specified by specialized law.
Other rights of public employees
Public employees are rewarded, honored, and may participate in socio-economic activities; entitled to preferential housing policies; facilitated for learning and professional activities both domestically and abroad as prescribed by law. In case of injury or death due to the performance of work or tasks assigned, they are considered for policies similar to war invalids or recognized as martyrs according to the law.
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