What are standards and conditions for promotion to professional title of rank I Legal Aid Officers from November 1, 2024 in Vietnam?

1. What are standards and conditions for promotion to professional title of rank I Legal Aid Officers from November 1, 2024 in Vietnam?

The Ministry of Justice has issued Circular 09/2024/TT-BTP dated September 6, 2024 prescribing the standards and conditions for considering the promotion of a legal aid officer public employee. It takes effect from November 1, 2024.

Pursuant to Article 2 of Circular 09/2024/TT-BTP, a legal aid officer public employee applying for promotion from rank II to rank I from November 1, 2024 must meet the following standards and conditions:

- Currently holding the rank II legal aid officer public employee title and meeting the training and professional development standards for the legal aid officer public employee title according to the provisions of Article 4 Circular 05/2022/TT-BTP. To be specific:

+ Holding a bachelor's degree in law or higher;

+ Possessing a certificate of graduation from lawyer professional training or being exempt from such training;

+ Holding a certificate of legal assistance internship results or a certificate of lawyer practice internship results, except in cases where the legal aid officer has been appointed under the Law on Legal Aid 2006 or is exempt from legal assistance internship under the law.

- Standards of professional competence according to the provisions of Clause 2, Article 5 Circular 05/2022/TT-BTP. To be specific:

+ Mastering and having the ability to apply the policies, guidelines, and laws of the Communist Party and the state in legal assistance work;

+ Having knowledge and understanding of the legal system and expertise in many assigned legal fields;

+ Proficiently performing legal assistance operations; effectively leading the implementation of legal assistance activities;

+ Being certified by the Legal Aid Department as having successfully participated in at least 02 legal proceedings at the Supreme People's Court or the Central Military Court;

+ Having the ability to guide professional skills and legal assistance for rank II, rank III legal aid officers, and other legal assistance performers; having led the quality assessment of legal assistance cases or evaluated the effectiveness of at least 20 legal proceedings conducted by rank II legal aid officers or higher, or at least 20 proceedings resolved by provincial or higher-level judicial authorities.

+ Having basic IT skills and being able to use a foreign language or a minority language for public employees working in minority areas as required by their job position;

+ The public employee applying for promotion to rank I legal aid officer must have held the rank II legal aid officer or equivalent position for at least 6 years in total (72 months) or more, including at least 1 year (12 months) in the rank II legal aid officer position, calculated up to the deadline for submitting the application for promotion.

- Standards and conditions specified at point a, clause 1, Article 32 of Decree 115/2020/ND-CP (amended as prescribed in clause 16, Article 1 of Decree 85/2023/ND-CP). To be specific:

+ Being rated at least “completes the tasks” in the year preceding the year of consideration for promotion;

+ Having good political qualities and professional ethics;

+ Not being within the disciplinary period;

+ Not being during the period of implementing disciplinary-related regulations as prescribed by the Communist Party and the law.

2. What documents are included the application for promotion to professional title of rank II Legal Aid Officers in Vietnam?

According to Article 4 of Circular 09/2024/TT-BTP, documents and materials in the application dossier for promotion consideration for the rank II legal aid officer public employee title include:

- Public employee resume as prescribed in Clause 1, Article 36 of Decree 115/2020/ND-CP (as amended according to point c, clause 38, Article 1 of Decree 85/2023/ND-CP);

- Assessment and evaluation report by the head of the public service provider employing the public employee or the head of the management authority of the public service provider as prescribed in Clause 2, Article 36 of Decree 115/2020/ND-CP (as amended according to point c, clause 38, Article 1 of Decree 85/2023/ND-CP) according to Form No. 01-TP-TGPL issued with Circular 09/2024/TT-BTP;

- Document certifying successful legal proceedings as prescribed at point d, clause 2, Article 5, or point d, clause 2, Article 6 of Circular 05/2022/TT-BTP;

- Copy of the recruitment decision, decision on appointment to the legal aid officer public employee title;

- Copies of diplomas and certificates as prescribed in Article 4 and point e, clause 2, Article 6 of Circular 05/2022/TT-BTP;

- Copies of commendation decisions by the competent authority (if any).

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