What are standards for legal aid assistants to be considered or take exams for promotion consideration in Vietnam before Circular 05/2022/TT-BTP coming into force?
What are standards for legal aid assistants to be considered or take exams for promotion consideration in Vietnam before Circular 05/2022/TT-BTP coming into force?
Based on Article 11 of Circular 05/2022/TT-BTP, the regulations are as follows:
Transitional Provisions
1. Individuals already appointed to the legal aid assistant positions of Grade II and Grade III before this Circular takes effect will continue to hold the appointed positions.
2. Individuals approved by authorized entities as eligible for promotion review or exams before this Circular takes effect will follow the standards for legal aid assistant positions as specified in Joint Circular No. 08/2016/TTLT-BTP-BNV of June 23, 2016, issued by the Minister of Justice and the Minister of Home Affairs, which provides codes and standards for the professional titles of legal aid assistants.
According to the above regulations, if an individual was approved by an authorized entity as eligible for review or promoted to a higher rank before October 20, 2022, the standards applicable to the professional titles of legal aid assistants would follow Joint Circular 08/2016/TTLT-BTP-BNV.
What are standards for legal aid assistants to be considered or take exams for promotion consideration in Vietnam before Circular 05/2022/TT-BTP coming into force?
What are the current standards for Grade II legal aid assistants in Vietnam?
Based on Article 4 of Joint Circular 08/2016/TTLT-BTP-BNV, the regulations are as follows:
Grade II Legal Aid Worker - Code: V02.01.01
1. Tasks
a) Provide legal aid for complex cases and other assigned legal aid cases;
b) Preside over research, development, and implementation of legal aid documents, projects, programs, and plans within the locality; participate in the development of assigned legal aid documents, projects, programs, and plans;
c) Organize the assessment and supervision of assigned legal aid cases and participate in evaluating the quality of these cases; provide guidance on assessing legal aid case quality for Grade III Legal Aid Workers and others assigned to such evaluation per regulations;
d) Lead or directly guide the professional expertise and skills of legal aid for Grade III Legal Aid Workers and other legal aid executors;
dd) Lead or participate in compiling legal aid training programs and materials; organize or participate in legal aid professional and skills training for Grade III Legal Aid Workers and other legal aid executors;
e) Lead or participate in scientific research, summarize legal aid practices, and propose solutions to improve the quality of legal aid work;
g) Perform other assigned tasks.
2. Standards for training and retraining levels
a) Hold a university degree or higher in law;
b) Possess a foreign language proficiency level 3 as specified in Circular No. 01/2014/TT-BGDDT of January 24, 2014, issued by the Minister of Education and Training, on the six-level framework for foreign language proficiency in Vietnam (hereinafter referred to as Circular No. 01/2014/TT-BGDDT);
c) Have basic information technology skills per the regulations in Circular No. 03/2014/TT-BTTTT of March 11, 2014, issued by the Minister of Information and Communications, setting standards for basic information technology skills (hereinafter referred to as Circular No. 03/2014/TT-BTTTT);
d) Have a legal aid professional training certificate.
3. Standards for professional and vocational competence
a) Grasp and have the capacity to apply the directives, policies of the Communist Party, and the laws of the State in legal aid work;
b) Have extensive knowledge of the legal system and in-depth knowledge of the assigned legal field;
c) Proficiently perform legal aid tasks; efficiently lead the implementation of legal aid activities;
d) Have the capacity to guide professional expertise and legal aid skills for Grade III Legal Aid Workers and other legal aid executors;
dd) Have the capacity to evaluate the quality of legal aid cases within the assigned scope; have the capacity to aggregate and propose solutions to improve professional activities and enhance the quality, efficiency of legal aid work;
e) Have the capacity to cooperate with relevant agencies, organizations, and legal aid executors during legal aid activities;
g) Lead or directly participate in scientific research serving legal aid work;
h) Public employees promoted from Grade III to Grade II Legal Aid Worker positions must have at least nine (9) years of experience in the Grade III Legal Aid Worker position or equivalent, with at least the last two (2) years in the Grade III Legal Aid Worker position.
Currently, an individual must meet the standards for professional and vocational competence and training and retraining levels per the above regulations to qualify for the Grade II legal aid assistant standards.
What are the current standards for Grade III legal aid assistants in Vietnam?
Based on Article 5 of Joint Circular 08/2016/TTLT-BTP-BNV, the regulations are as follows:
Grade III Legal Aid Worker - Code: V02.01.02
1. Tasks
a) Perform legal aid for assigned cases;
b) Participate in evaluating assigned legal aid case quality;
c) Participate in researching, developing programs, plans, and legal aid documents locally; participate in compiling programs, materials, and conducting legal aid professional training as assigned;
d) Participate in scientific research serving legal aid work;
dd) Perform other assigned tasks.
2. Standards for training and retraining levels
a) Hold a university degree or higher in law;
b) Have foreign language proficiency level 2 as specified in Circular No. 01/2014/TT-BGDDT;
c) Have basic information technology skills per Circular No. 03/2014/TT-BTTTT;
d) Have a legal aid professional training certificate.
3. Standards for professional and vocational competence
a) Have the capacity to apply the directives, policies of the Communist Party, and the laws of the State in legal aid work;
b) Have deep knowledge and understanding of the assigned legal aid field; perform legal aid tasks proficiently; independently and proactively implement legal aid professional tasks;
c) Have the capacity to guide legal aid skills and tasks for other legal aid executors; evaluate assigned legal aid case quality;
d) Have the ability to cooperate with relevant agencies, organizations, and legal aid executors during legal aid activities;
dd) Have the capacity to participate in scientific research serving legal aid work;
e) Have at least two (2) years of legal work experience, including probationary and trial periods.
In case officials and public employees, officers of the People's Army, officers of the People's Police working in other agencies, organizations, or units transferring to legal aid agencies must have at least two (2) years holding equivalent positions to Grade III Legal Aid Worker.
Thus, current Grade III legal aid assistants must meet the standards for training and retraining levels and professional, vocational competence as specified above.
Circular 05/2022/TT-BTP will take effect from October 20, 2022
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