Vietnam: Are prosecutors exempt from lawyer training? Are persons exempt from lawyer training required to complete the lawyer apprenticeship?
Are prosecutors in Vietnam exempt from lawyer training?
According to the provisions of Article 13 of the Law on Lawyers 2006, persons exempt from lawyer training in Vietnam are:
- Those who have been judges, procurators or investigators.
- Professors, associate professors of law; doctors of law.
-Those who have been senior court examiners; senior procuracy inspectors; senior legal experts, researchers or lecturers.
- Those who have been principal court examiners or principal procuracy inspectors; principal legal experts, researchers or lecturers.
Thus, prosecutors in Vietnam shall be exempt from lawyer training.
In Vietnam, is it possible to act as a prosecutor and as a lawyer at the same time?
According to the provisions of Articles 10 and 11 of the Law on Lawyers 2006, the criteria for becoming a lawyer are as follows:
- Criteria of lawyers
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.
- Conditions for law practice
A person who meets all the criteria of lawyers, if wishing to practice law, must possess a law practice certificate and join a bar association.
Accordingly, individuals who meet the above conditions and criteria can act as lawyers.
However, according to the provisions of Clause 4, Article 17 of the Law on Lawyers 2006 amended by Clause 8, Article 1 of the Law on Amendments to Law on Lawyers 2012, a person shall not be issued with the lawyer practicing certificate in one of the following cases:
- Not be qualified as a lawyer as prescribed in Article 10 of this law;
- Be 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;
- Not reside permanently in Vietnam;
- Be liable to criminal prosecution; has been convicted and condemned and criminal record of an unintentional or not serious crime is not expunged; has been convicted of a serious and intentional crime, a very serious and intentional crime, a particularly serious and intentional crime, even the criminal record has been expunged;
- Be liable to administrative actions such as compulsory attendance at detoxification centers or educational institutions;
- Bei incapable of civil acts;
- The persons prescribed in Point b this Clause that have been dismissed within 3 years from the decision on dismissal takes effect.
According to the above regulations, you cannot be both a prosecutor and a lawyer at the same time.'
Are persons exempt from lawyer training in Vietnam required to complete the lawyer apprenticeship?
According to the provisions of Article 16 of the Law on Lawyers 2006 as amended by Clause 7, Article 1 of the Law on amendments to Law on Lawyers 2012 on persons exempt from lawyer apprenticeship in Vietnam as follows:
Persons exempt from lawyer apprenticeship
1. Persons being judges, procurators, senior investigators, intermediate investigators, professors, associate professors of law, Doctors of law, senior inspectors of the court, the senior inspectors of the procuracy, senior law experts, senior law researchers, senior law lecturers are exempted from lawyer apprenticeship.
2. Persons being junior investigators, major inspectors of the court, major inspectors of the procuracy, law experts, researchers, lecturers are eligible for 2/3 reduction in the lawyer apprenticeship period.
3. Persons that have worked as law experts, researchers, and lecturers, inspectors of the court, inspectors of the procuracy for at least 10 years are eligible for 50% reduction in lawyer apprenticeship period.”
Accordingly, the procurator will be exempt from lawyer apprenticeship.
According to Clause 1, Article 4 of Circular 05/2021/TT-BTP, the application for exemption from lawyer apprentice in Vietnam includes:
- Documents proving the exemption from lawyer training and the exemption or reduction of lawyer apprentice period
Documents proving that the person is exempt from lawyer training as prescribed in Article 13 of the Law on Lawyers 2006 or is exempted or reduced lawyer apprentice period as prescribed in Article 16 of the Law on Lawyers 2006 including one of the following documents: the following documents for the procurator:
+ A copy of the decision on appointment or re-appointment of the procurator.
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