What is the time limit for processing an application for lawyer practicing certificates in Vietnam?
What is the time limit for processing an application for lawyer practicing certificates in Vietnam?
Pursuant to the provisions of Clause 3, Article 17 of the 2006 Law on Lawyers in Vietnam, as amended by Clause 8, Article 1 of the 2012 Law on Amendments to some articles of the Law on Lawyers, as follows:
Issuing the lawyer practicing certificates
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3. Within 07 working days as from receiving the complete and valid dossier, the Service of Justice shall check the dossier, verify the validity of the dossier if necessary, and send the written request enclosed with the dossier of application for the lawyer practicing certificate to the Ministry of Justice.
Within 20 days as from receiving the complete and valid dossier, the Minister of Justice shall decide the issue of the lawyer practicing certificate; the refusal must be explained and notified in writing to the applicant and the Service of Justice where the dossier of application is submitted.
The refused person may file complaints or lawsuits as prescribed by law.
Thus, the process of processing the application for a lawyer practicing certificate is carried out according to the above-mentioned timelines.
According to that, the maximum time to issue a lawyer practicing certificate is 27 days.
What is the time limit for processing an application for lawyer practicing certificates in Vietnam?
What are the rights and obligations of lawyers in Vietnam?
According to the provisions of Article 21 of the 2006 Law on Lawyers in Vietnam (amended by Clause 12, Article 1 of the 2012 Law on Amendments to some articles of the Law on Lawyers), a lawyer has the following rights and obligations:
A lawyer is entitled to:
+ Have his right to practice law protected by statute as prescribed in this Law and relevant laws;
+ Represent clients as prescribed by law;
+ Practice law, choose a form of practicing law and establishing a law-practicing organization as prescribed in accordance with this Law;
+ Practice law in Vietnam’s territory;
+ Practice law overseas,
+ Other rights prescribed in this Law.
A lawyer is obliged to:
+ Comply with the lawyer’s principle prescribed in Article 5 of this Law;
+ Strictly observe the relevant regulations in the relationship with presiding agencies; have a cooperative and respectful manner attitude towards the presiding officers that they contact during the practice;
+ Promptly participate in the lawsuits requested by the presiding agencies;
+ Provide legal supports;
+ Attend compulsory training courses;
+ Other obligations as prescribed in this Law.
What are the current regulations on the criteria of lawyers in Vietnam?
Pursuant to the provisions of Article 10 of the 2006 Law on Lawyers in Vietnam as follows:
Criteria of lawyers in Vietnam
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.
Thus, according to the above provisions, the criteria of lawyers are determined as follows:
- Be a Vietnamese citizen;
- Be loyal to the Fatherland;
- Observe the Constitution and law;
- Observe the 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
A person who meets the above criteria MAY become a lawyer.
How long is the lawyer apprenticeship period?
Pursuant to Article 14 of the 2006 Law on Lawyers in Vietnam as amended by Clause 5, Article 1 of the 2012 Law on Amendments to some articles of the Law on Lawyers as follows:
Lawyer apprenticeship
1. A person that 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 practicing, 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.
2. A lawyer apprentice shall register the apprenticeship at a bar association in the same locality with the law-practicing organization in which they serve the apprenticeship, and be issued with the Certificate of apprentice lawyer.
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Thus, the apprenticeship lasts for 12 months.
Nguyễn Thị Hồng Nhung