Vietnam: What is lawyer apprenticeship? In 2024, what are the lawyer apprenticeship and extended lawyer apprenticeship periods?
What is the lawyer apprenticeship in Vietnam?
According to Article 14 of the Law on Amendments to Law on Lawyers 2012, regulations on practicing lawyers are as follows:
Lawyer apprenticeship
1. A person having the Certificate of completing the lawyer course, and a person prescribed in Clause 2 Article 16 of this Law may serve their apprenticeship at a law-practicing organization.
The apprenticeship lasts for 12 months, except for the case prescribed in Clause 2 and Clause 3 Article 16 of this Law. The lawyer apprenticeship period starts from the day of registering at the Law Federation.
The law-practicing organization shall appoint a lawyer to help the apprentice lawyer. The instructing lawyer must have at least 3 years of experience in law practice, and not be liable for disciplinary actions as prescribed in Clause 1 Article 85 of this Law. A lawyer must not instruct more than 3 apprentices at the same time.
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Thus, the lawyer apprenticeship is the fact that persons who have the Certificate of Completion of Lawyer Course and who junior investigators, major inspectors of the court, major inspectors of the procuracy, law experts, researchers, and lecturers in the field of law serve their apprenticeship at a law-practicing organization.
In 2024, what are the lawyer apprenticeship and extended lawyer apprenticeship periods in Vietnam?
The lawyer apprenticeship period and extension of the apprenticeship period according to Article 10 of Circular 10/2021/TT-BTP are specified as follows:
- The lawyer apprenticeship period is 12 months from the date on which the Board of Directors of the Bar Association registers the lawyer apprenticeship; in cases of reduction in the lawyer apprenticeship period as prescribed in Clause 2, Article 16 of the Law on Amendments to Law on Lawyers 2012, the lawyer apprenticeship period is 04 months;
In cases of reduction in the lawyer apprenticeship period as prescribed in Clause 3, Article 16 of the Law on Amendments to Law on Lawyers 2012, the lawyer apprenticeship period shall be 06 months.
- The apprentice is extended the lawyer apprenticeship period by the Board of Directors of the Bar Association when he/she fails to meet the apprenticeship requirements according to the assessment of the guiding lawyer and the receiving law-practicing organization.
Within 05 working days from the date of receipt of the apprentice's request for extension, the Board of Directors of the Bar Association shall issue a decision on the extension of the lawyer apprenticeship period.
Within 07 working days from the date of issuance of the decision on the extension of the lawyer apprenticeship period, the Board of Directors of the Bar Association shall send a written notice to the receiving law-practicing organization, the apprentice, the Vietnam Bar Federation, and the Department of Justice where the Bar Association is located.
- The lawyer apprenticeship period shall be extended at most 02 times, 06 months for each extension. In case of the second extension, if the apprentice fails to meet the requirements, the Board of Directors of the Bar Association where the apprenticeship is registered shall issue a decision on removing his/her name from the list of apprentices of the Bar Association.
A person whose name is removed from the list of apprentices of the Bar Association has the right to lodge complaints under the provisions of Circular 10/2021/TT-BTP.
A person whose name is removed from the list of apprentices of the Bar Association must re-register as an apprentice as prescribed in Article 5 of Circular 10/2021/TT-BTP. The apprentice's lawyer apprenticeship period shall comply with the provisions of Clause 1, Article 10 of Circular 10/2021/TT-BTP.
- In the process of extension of apprenticeship or re-apprenticeship, the apprentice shall make a diary book of lawyer apprenticeship and report on the apprenticeship process under the provisions of Circular 10/2021/TT-BTP.
What are the contents of lawyer apprenticeship in Vietnam?
According to Article 6 of Circular 10/2021/TT-BTP, the contents of lawyer apprenticeship in Vietnam include:
(1) Laws on lawyers and lawyer practicing, Vietnam Code of Ethics and Professional Conduct of Lawyers.
(2) Skills in researching, collecting documents, and proposing solutions to case files.
(3) Skills to participate in proceedings as an advocate for an arrested, detained, suspect, defendant, or defender of the rights of victims, civil plaintiffs, civil defendants, and persons with related interests and obligations in criminal cases.
(4) Skills to participate in proceedings as a representative or defender of the legitimate rights and interests of plaintiffs, defendants, and persons with related interests and obligations in cases of civil disputes, marriage, family, business, commerce, labor, administrative, civil claims, marriage and family, business, commerce, labor, and other cases and matters as prescribed by law.
(5) Legal consultancy skills.
(6) Skills in representing customers outside of proceedings to perform law-related tasks.
(7) Skills in performing other legal services.
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