What are the competency and professional standards for Grade I Legal Aid Assistant?
What are the competency and professional standards for Grade I Legal Aid Assistant?
Based on Clause 2, Article 5 of Circular 05/2022/TT-BTP governing the standards for professional competencies and practices of legal aid assistants as follows:
- Master and be capable of applying the Party's policies, guidelines, and the State's laws in legal aid work;
- Have comprehensive knowledge and understanding of the legal system and specialize in multiple areas of law as assigned;
- Proficiently perform legal aid tasks; effectively lead the implementation of legal aid activities;
- Certified by the Legal Aid Bureau for having successfully participated in at least 02 cases in appellate courts, Supreme People's Court, or higher courts;
- Capable of providing professional guidance, skills, and expertise to Grade II Legal Aid Assistant, Grade III Legal Aid Assistant, and other legal aid practitioners; have chaired appraisals of the quality of legal aid cases or assessed the effectiveness of at least 20 litigation cases involving Grade II Legal Aid Assistant or higher, or at least 20 litigation cases resolved by provincial judicial authorities or higher;
- Possess basic IT skills, be proficient in a foreign language or be able to use the language of ethnic minorities for public employees working in ethnic minority areas as required by the job position;
Furthermore, public employees taking the promotion exam to Grade I Legal Aid Assistant must meet the following additional condition besides the professional competency standards mentioned above:
- Must have held the position of Grade II Legal Aid Assistant or equivalent for a cumulative period of at least 06 years (72 months) or more, including a minimum of 01 year (12 months) as Grade II Legal Aid Assistant, calculated up to the submission deadline of the application for the exam or promotion assessment.
Competency and educational standards for Grade I Legal Aid Assistant in Vietnam
What are the duties of Grade I Legal Aid Assistant in Vietnam?
Based on Clause 1, Article 5 of Circular 05/2022/TT-BTP as follows:
Grade I Legal Aid Assistant - Code: V02.01.00
1. Duties
a) Perform legal aid as stipulated by legal aid laws;
b) Appraise the quality of legal aid cases handled by Grade I Legal Aid Assistant, Grade II Legal Aid Assistant, Grade III Legal Aid Assistant, and other legal aid practitioners as assigned by the Leaders of the State Legal Aid Center;
c) Evaluate the effectiveness of legal aid cases in litigation to determine the success of litigation cases handled by Grade I Legal Aid Assistant, Grade II Legal Aid Assistant, Grade III Legal Aid Assistant, and other legal aid practitioners as assigned;
d) Advise the State Legal Aid Center to make recommendations to the competent state authorities on matters related to the resolution of legal aid cases;
dd) Lead research, develop or implement legal documents, programs, and legal aid plans;
e) Organize editing or compiling of training programs and materials for legal aid professions;
g) Review, research, propose, and recommend improvements to legal documents related to legal aid activities;
h) Propose innovative initiatives to enhance the effectiveness of legal aid work;
i) Organize or participate in training, guiding legal aid profession and skills for legal aid practitioners;
k) Carry out other tasks as assigned.
Grade I Legal Aid Assistant will perform legal aid, appraise the quality of legal aid, evaluate the effectiveness of legal aid in litigation, and advise the legal aid center, among other duties as specified above.
What are the educational and training standards for legal aid assistants in Vietnam?
According to Article 4, Circular 05/2022/TT-BTP stipulations:
Educational and training standards
1. Possess a bachelor's degree or higher in law;
2. Have a certificate of graduation from legal profession training or be exempted from such training;
3. Have a certificate of completion of legal aid internship or a certificate of completion of lawyer practice internship, except in cases where the legal aid assistant was appointed under the Legal Aid Law of 2006 or is exempt from legal aid internship as prescribed by law.
Thus, besides meeting professional competency standards, a legal aid assistant must possess a law degree, have a certificate of graduation from legal profession training or be exempted, and have a certificate of completion of legal aid internship or lawyer practice internship.
Circular 05/2022/TT-BTP takes effect from October 20, 2022
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