Dossiers and procedures for registration of the latest law practice probation

From January 25, 2022, dossiers and procedures for registration of law practice trainees comply with the provisions of Circular 10/2021/TT-BTP .

Dossiers and procedures for registration of the latest law practice probation

Dossiers and procedures for registration of the latest law practice probation (Illustration image)

Accordingly, a person who meets the following conditions may register for law practice probation:

- Vietnamese citizens are loyal to the Fatherland, obey the Constitution and laws, have good moral qualities;

- Possess a Bachelor of Laws or a Master of Laws;

- Having a certificate of graduation from law training in Vietnam or a decision on recognition of overseas law training or a document proving that he or she is exempt from law training but is required to practice law. lawyer as prescribed in Clause 2, Article 16 of the Law on Lawyers.

(Currently, Circular 19/2013/TT-BTP stipulates that people who are eligible to register for law practice probation include: holders of a certificate of law training graduation and those who are exempt from law training but must practicing law as prescribed in Clause 2, Article 16 of the Law on Lawyers ).

Persons who fully satisfy the above conditions shall register as a trainee at the Bar Association where the law-practicing organization accepting the probation is located.

Dossier for registration of law practice practice

- A written request for registration of a lawyer's apprenticeship, made according to the form promulgated together with Circular 10/2021 ;

Application form for registration of a lawyer's apprenticeship

 

- A certificate of acceptance of a law practice internship from a law-practicing organization that accepts the probation;

- Copy of Bachelor of Laws or copy of Master of Laws;

- A copy of the certificate of graduation from law training in Vietnam or a copy of the decision on recognition of overseas law training or a copy of papers proving that the law practice probationary period is reduced according to regulations. specified in Clauses 2 and 3, Article 16 of the Law on Lawyers .

(Compared to the current one, add a copy of the bachelor's degree in law or a copy of the master's degree in law)

Procedures for registration of a law practice internship

- Within 05 working days from the date of receipt of complete and valid dossiers, the Bar Association's Board of Directors shall record the name of the apprentice in the list of apprentices of the Bar Association and issue a Certificate of practicing apprentice. lawyers for trainees according to the form promulgated together with Circular 10/2021 ;

In case of refusal, it must notify in writing and clearly state the reason. The rejected person has the right to make a complaint according to the provisions of Circular 10/2021 .

- Within 07 working days from the date of issue of the Certificate of Law Practitioner, the Management Board of the Bar Association shall send a written notice to the law-practicing organization accepting the probation.

Time to practice law practice

- The time for practicing law is 12 months from the date on which the Bar Association's management board registers as a trainee;

- For persons who are already primary investigators, principal examiners of the court branch, principal examiners of the procuracies, chief experts, principal researchers, and principal lecturers in the legal field, the training period shall be the law practice is 04 months;

- For persons who have worked in the ranks of experts, researchers, lecturers in the field of law, examiners of the court branch, and inspectors of the procuracies of ten years or more, the probationary period Practicing law is 6 months.

In addition, the probationer shall be extended his/her law practice probation by the Bar Association's Executive Board when he/she fails to meet the probation requirements as assessed by the guiding lawyer and the law-practicing organization accepting the probationary period.

Circular 10/2021/TT-BTP takes effect from January 25, 2022 and replaces Circular 19/2013/TT-BTP .

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