Vietnam: In 2024, what does the application for lawyer apprenticeship include? What are the regulations on change of lawyer apprenticeship organizations?
In 2024, what does the application for lawyer apprenticeship in Vietnam include?
Under the provisions of Clause 2 Article 5 of Circular 10/2021/TT-BTP, the application for lawyer apprenticeship in Vietnam includes:
- Application form for lawyer apprenticeship according to the form issued together with Circular 10/2021/TT-BTP;
Download the application form for lawyer apprenticeship: here
- written confirmation of acceptance of the lawyer apprenticeship by the law practice organization receiving the traineeship;
- Copy of Bachelor of Laws Degree or Copy of Master of Laws Degree;
- A copy of the Certificate of graduation from lawyer training in Vietnam or a copy of the Decision on recognition of lawyer training abroad or a copy of a document proving the reduction of the lawyer apprenticeship as prescribed in Clauses 2 and 3, Article 16 of the Law on Lawyers 2006 amended by Clause 7, Article 1 of the Law on amendments to Law on Landaw on Lawyers 2012, specifically:
People exempted from or reduced lawyer apprenticeship
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2. People 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. The people 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.
What are the regulations on change of lawyer apprenticeship organizations in Vietnam?
Under the provisions of Article 9 of Circular 10/2021/TT-BTP, there are instructions on the change of lawyer apprenticeship organizations in Vietnam as follows:
Change of lawyer apprenticeship organizations
An apprentice changes his/her lawyer apprenticeship organization when he/she falls into one of the following two cases:
Case 1
In case the lawyer apprenticeship organization suspends or terminates its operation in accordance with the Law on Lawyers or has no other lawyers qualified to guide, the apprentice may request the Board of Directors of the Bar Association to recommend another lawyer apprenticeship organization or the apprentice agrees with other law practicing organizations to continue his/her lawyer apprenticeship.
Case 2
An apprentice changes his/her place of residence or workplace to another province or centrally-run city.
Procedure for change of lawyer apprenticeship organizations
- An apprentice who changes his/her lawyer apprenticeship organization within the same province or centrally-run city must report in writing on such change to the Bar Association of the place where the lawyer apprenticeship is registered. The report must contain comments and signatures of the instructor and certification of both the old lawyer apprenticeship organization and the new one.
An apprentice who changes his/her lawyer apprenticeship organization to another province or centrally-run city must make a written request to remove his/her name from the list of registered apprentices of the Bar Association; register for lawyer apprenticeship at the Bar Association where the new lawyer apprenticeship organization is located, together with a report on the apprenticeship process.
- Within 05 working days from the date of receipt of the apprentice's request, the Board of Directors of the Bar Association shall issue a decision on change of lawyer apprenticeship organization or removal of the name from the list of apprentices. Within 03 working days from the date of issuance of the decision, the Board of Directors of the Bar Association shall send a written notice to the old lawyer apprenticeship organization, new lawyer apprenticeship organization, the Vietnam Bar Federation and the Department of Justice where the Bar Association is located.
- In case of change of lawyer apprenticeship organization, the lawyer apprenticeship period shall be calculated as the total lawyer apprenticeship period of that person at the law practicing organization if the lawyer apprenticeship period at each law practicing organization is at least 02 months and must be certified in writing by the lawyer apprenticeship organization, written comments by the instructor on the lawyer apprenticeship process at that organization. In case after 30 days from the date of the decision to change, the apprentice fails to carry out the procedures for changing the lawyer apprenticeship organization, the lawyer apprenticeship must be suspended or terminated as prescribed in Article 11 of Circular 10/2021/TT-BTP.
What is the fee for joining the Bar Association in Vietnam?
Under Article 4 of Resolution 05/NQ-HDLSTQ in 2022 as follows:
Fee framework for joining the Bar Association
1. A person entitled to join the Bar Association shall pay the fee for joining the Bar Association. The highest fee for joining the Bar Association is not more than 10,000,000 VND/person (ten million VND/person).
2. The Lawyer Conference of the Bar Association shall, based on the above-mentioned fee framework, decide on fees for joining the Bar Association to suit the specific and actual conditions of the Bar Association.
Thus, the maximum fee for joining the Bar Association is not more than 10,000,000 VND/person. Based on the above fee framework, the Lawyer Conference of the Bar Association shall decide on fees for joining the Bar Association to suit the specific and actual conditions of the Bar Association.
See details of Resolution 05/NQ-UDD 2022 here
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