What are the regulations on the form of the law-practicing probation record and the report form of the law-practicing probation in Vietnam?
- What is included in the law-practicing probation in Vietnam?
- What are the contents of the law-practicing probation record in Vietnam?
- What is the form of law-practicing probation in Vietnam?
- What is the report form of the law-practicing probation in Vietnam?
- Vietnam: Under what circumstances does a probationer terminate his law-practicing probation?
What is included in the law-practicing probation in Vietnam?
Pursuant to Article 6 of Circular 10/2021/TT-BTP stipulating the content of the law-practicing probation includes:
- Law on lawyers and law-practicing, Code of ethics and professional conduct for Vietnamese lawyers.
- Skills to research, collect documents and propose solutions to case files.
- Skills to participate in legal proceedings as an advocate for persons arrested, detained, accused or accused or as defenders of interests of victims, civil plaintiffs, civil defendants, persons with related interests and obligations in criminal cases.
- Skills to participate in proceedings as representatives or defenders of legitimate rights and interests of plaintiffs, defendants, persons with related interests and obligations in civil dispute cases, marriage and family, business, commerce, labor, administration, civil claims, marriage and family, business, commerce, labor and other cases and affairs as prescribed by law the law.
- Skills to consult.
- Skills to represent outside of legal proceedings for clients to perform law-related work.
- Skills to perform other legal services.
What are the regulations on the form of the law-practicing probation record and the report form of the law-practicing probation in Vietnam?
What are the contents of the law-practicing probation record in Vietnam?
Pursuant to Article 7 of Circular 10/2021/TT-BTP stipulates as follows:
Probation record, internship report
1. The probationer shall make a law-practicing probation record according to the form prescribed in this Circular to record the jobs under the probation contents that he/she performs during the probation period. The probation record is certified by the guiding lawyer and the law-practicing organization receives the probation upon completion of the probation process.
2. Upon completion of the law-practicing probation period, the probationer shall report in writing on the probation process according to the form prescribed in this Circular to the Bar Association where the probation period is registered. The probation report must contain comments and signatures of the guiding lawyer, certification of the law-practicing organization accepting the probation, and the Bar Association's assessment of ethical conduct and sense of law compliance. of the apprentice.
Accordingly, the probation record and the report on the probation process of a law-practicing apprentice must contain:
- The probation report must have comments and signatures of the guiding lawyer
- Certification of the law-practicing organization accepting the probation
- The Bar Association's assessment of the apprentice's moral character and sense of law observance.
What is the form of law-practicing probation in Vietnam?
Pursuant to Appendix 05 issued together with Circular 10/2021/TT-BTP stipulating the form of law-practicing probation record has the following form:
Download the form of law-practicing probation record: Here
What is the report form of the law-practicing probation in Vietnam?
Pursuant to Appendix 06 issued together with Circular 10/2021/TT-BTP stipulating the report form of the law-practicing probation as follows:
Download report form of the law-practicing probation: Here
Vietnam: Under what circumstances does a probationer terminate his law-practicing probation?
Pursuant to Clause 2, Article 11 of Circular 10/2021/TT-BTP stipulating cases where a probationer terminates his law-practicing probation in the following cases:
- Self-termination of law-practicing probation;
- Be recruited as cadres, civil servants and public employees; officers, professional soldiers, defense workers in agencies and units of the people's army; officers, non-commissioned officers, workers in agencies and units of the People's Public Security;
- No longer permanently residing in Vietnam;
- Loss or restricted civil act capacity; having difficulty in perceiving and mastering behavior as prescribed by civil law;
- Be prosecuted for criminal liability;
- Convicted whose judgment has taken legal effect;
- Be subject to administrative handling measures and sending them to compulsory detoxification establishments or compulsory education establishments;
- Be disciplined in the form of temporary suspension of the law-practicing probation period from 3 to 6 months or having his/her name removed from the list of apprentices of the Bar Association;
- Suspend the probation period for more than the prescribed number of times or the probation suspension period has expired as prescribed in Clause 1, Article 11 of Circular 10/2021/TT-BTP without continuing the probation period;
- Persons who are practicing law-practicing but are found not to meet the conditions specified in Clause 1, Article 3 of Circular 10/2021/TT-BTP
- Persons whose names are withdrawn from the list of apprentices of the Bar Association as prescribed in Clause 3, Article 10 of Circular 10/2021/TT-BTP
- The probation period before the termination of the probation period specified in Clause 2, Article 10 of Circular 10/2021/TT-BTP is not included in the total probation period.
LawNet
